I
105TH CONGRESS
1ST SESSION
H. R. 2893
To amend the Native American Graves Protection and Repatriation Act
to provide for appropriate study and repatriation of remains for which
a cultural affiliation is not readily ascertainable.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 7, 1997
Mr. HASTINGS of Washington introduced the following bill; which was referred
to the Committee on Resources
A BILL
To amend the Native American Graves Protection and Repa-
triation Act to provide for appropriate study and repatri-
ation of remains for which a cultural affiliation is not
readily ascertainable.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. OWNERSHIP.
(a) REPEAL OF OWNERSHIP BASED ON ABORIGINAL
LANDS.—Paragraph (2) of section 3(a) of the Native
American Graves Protection and Repatriation Act (25
U.S.C. 3002(a)) is amended by inserting ‘‘or’’ at the end
of subparagraph (A), by striking ‘‘; or’’ at the end of sub-
paragraph (B) and inserting a period, and by striking sub-
paragraph (C).
(b) INADVERTENT DISCOVERY.—Subsection (d) of
section 3 of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3002) is amended—
(1) in paragraph (1), by inserting ‘‘those’’ be-
fore ‘‘Federal lands’’; and
(2) in paragraph (2), by adding at the end the
following new sentence: ‘‘Any person or entity that
disposes of or controls a cultural item referred to in
the preceding sentence shall comply with the applica-
ble requirements of subsection (c).’’.
(c) RECORDING AND STATUS OF ITEMS EXCAVATED
OR DISCOVERED AFTER NOVEMBER 16, 1990.—Section
3 of the Native American Graves Protection and Repatri-
ation Act (25 U.S.C. 3002) is amended by adding at the
end the following new subsection:
‘‘(f) RECORDING AND STATUS OF ITEMS EXCAVATED
OR DISCOVERED AFTER NOVEMBER 16, 1990.—Cultural
items excavated or discovered after November 16, 1990,
except those items whose ownership or control is estab-
lished under paragraph (1) or paragraph (2)(A) of sub-
section (a)—
‘‘(1) shall be reasonably recorded according to
generally accepted scientific standards;
‘‘(2) shall remain under the control of the agen-
cy having primary management authority for the
land on which the cultural item was excavated or
discovered until 90 days after the publication in the
Federal Register of a notice setting out a general
description of the item, its estimated age, and the
general area of discovery; and
‘‘(3) are subject to the study provisions of sub-
section 7(b).’’.
SEC. 2. LIMITED AUTHORIZATION FOR STUDY.
The last sentence of section 5(b) of the Native Amer-
ican Graves Protection and Repatriation Act (25 U.S.C.
3003(b)) is amended by inserting ‘‘, except as expressly
set forth in sections 3(f) and 7(b),’’ after ‘‘mean, and’’.
SEC. 3. STUDY AND RECORDING.
Subsection (b) of section 7 of the Native American
Graves Protection and Repatriation Act (25 U.S.C. 3005)
is amended to read as follows:
‘‘(b) STUDY
AND RECORDING.—(1) In cases of
human remains and associated funerary objects for which
no lineal descendants have been identified and in cases of
other cultural items:
‘‘(A) If the cultural affiliation of a cultural item
has not been established, studies may be conducted
in an attempt to establish such an affiliation or to
obtain scientific, historical, or cultural information.
If the cultural affiliation of a cultural item is deter-
mined pursuant to this subparagraph, the Federal
agency or museum having custody of the cultural
item shall, not later than 90 days after such deter-
mination, notify any culturally affiliated Indian tribe
or Native Hawaiian organization of their affiliation.
Such notice shall be given in the manner specified
in paragraphs (2) and (3) of section 5(d).
‘‘(B) If the cultural affiliation of a cultural item
has been established with an Indian tribe or Native
Hawaiian organization, studies of such item may be
conducted if needed for the completion of a specific
scientific study, the outcome of which is reasonably
expected to provide significant new information con-
cerning the history or prehistory of the United
States. If the culturally affiliated tribe or organiza-
tion requests the return of the cultural item, the
Federal agency or museum shall return such item to
the Indian tribe or Native Hawaiian organization
not later than 90 days after the date on which the
scientific study is completed. Study of a cultural
item under this subparagraph shall not be permitted
to delay return of the item for more than 180 days
after the item is made available for study, unless a
longer period of study is agreed upon by the cul-
turally affiliated tribe or organization that has re-
quested return of the cultural item.
‘‘(2) Not later than 180 days after a study conducted
under this subsection is completed, the Federal agency or
museum with custody of the cultural item shall provide
a report of the results of the study to any Indian tribe
or Native Hawaiian organization that has an established
cultural affiliation with the cultural item studied.
‘‘(3) If study of a cultural item pursuant to subpara-
graph (A) or (B) of paragraph (1) is requested, the Fed-
eral agency or museum with custody of such item must
make such item reasonably available for such study unless
the Secretary determines that the Federal agency or mu-
seum has presented clear and convincing evidence that the
potential scientific benefit of the requested study is sub-
stantially outweighed under the circumstances by curato-
rial, cultural, or other reasonable considerations.
‘‘(4) Nothing in this subsection shall be construed to
require any museum to undertake or permit any study of
a cultural item that is contrary to policies of the museum
or to its prior agreements.’’.
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