Native American Graves Protection and Repatriation Act
PL 101-601 (H.R.5237), enacted 11/16/1990

104 STAT. 3048 
PUBLIC LAW 101-601—NOV. 16, 1990 
Public Law 101-601 
101st Congress 
An Act 
——'__ff.— To provide for the protection of Native American graves, and for other purposes. 
[H.R. 5237] 
Be it enacted by the Senate and House of Representatives of the 
Native 
United States of America in Congress assembled, 
American 
_ 
Graves 
SECTION 1. SHORT TITLE. 
Protection 
rpjjjg ^j.^ jjjg^y jjg gj^g^ ^ ^j^g "Native American Graves Protection 
Repatriation 
and Repatriation Act". 
^^- 
.. 
SEC. 2. DEFINITIONS. 
Hawaiian 
J^atives. 
For purposes of this Act, the term— 
^^rvation 
^^^ "burial site" means any natural or prepared physical 
25^SC^300l 
location, whether originally below, on, or above the surface of 
note. 
the earth, into which as a part of the death rite or ceremony of a 
25 use 3001. 
culture, individual human remains are deposited. 
(2) "cultural affiliation" means that there is a relationship of 
shared group identity which can be reasonably traced histori-
cally or prehistorically between a present day Indian tribe or 
Native Hawaiian organization and an identifiable earlier group. 
(3) "cultural items" means human remains and— 
(A) "associated funerary objects" which shall mean ob-
jects that, as a part of the death rite or ceremony of a 
culture, are reasonably believed to have been placed with 
individual human remains either at the time of death or 
later, and both the human remains and associated funerary 
objects are presently in the possession or control of a Fed-
eral agency or museum, except that other items exclusively 
made for burial purposes or to contain human remains 
shall be considered as associated funerary objects. 
(B) "unassociated funerary objects" which shall mean 
objects that, as a part of the death rite or ceremony of a 
culture, are reasonably believed to have been placed with 
individual human remains either at the time of death or 
later, where the remains are not in the possession or con-
trol of the Federal agency or museum and the objects can 
be identified by a preponderance of the evidence as related 
to specific individuals or families or to known human re-
mains or, by a preponderance of the evidence, £is having 
been removed from a specific burial site of an individual 
culturally affiliated with a particular Indian tribe, 
(C) "sacred objects" which shall mean specific ceremonial 
objects which are needed by traditional Native American 
religious leaders for the practice of traditional Native 
American religions by their present day adherents, and 
(D) "cultural patrimony" which shall mean an object 
having ongoing historical, traditional, or cultural impor-
tance central to the Native American group or culture 
itself, rather than property owned by an individual Native 
PUBLIC LAW 101-601—NOV. 16, 1990 
104 STAT. 3049 
American, and which, therefore, cannot be alienated, 
appropriated, or conveyed by any individual regardless of 
whether or not the individual is a member of the Indian 
tribe or Native Hawaiian organization and such object shall 
have been considered inalienable by such Native American 
group at the time the object was separated from such group. 
(4) "Federal agency" means any department, agency, or 
instrumentality of the United States. Such term does not 
include the Smithsonian Institution. 
(5) "Federal lands" means any land other than tribal lands 
which are controlled or owned by the United States, including 
lands selected by but not yet conveyed to Alaska Native Cor-
porations and groups organized pursuant to the Alsiska Native 
Claims Settlement Act of 1971. 
(6) "Hui Malama I Na Kupuna O Hawai'i Nei" means the 
nonprofit. Native Hawaiian organization incorporated under 
the laws of the State of Hawaii by that name on April 17, 1989, 
for the purpose of providing guidance and expertise in decisions 
dealing with Native Hawaiian cultural issues, particularly 
burial issues. 
(7) "Indian tribe" means any tribe, band, nation, or other 
organized group or community of Indians, including any Alaska 
Native village (as defined in, or established pursuant to, the 
Alaska Native Claims Settlement Act), which is recognized as 
eligible for the special programs and services provided by the 
United States to Indians because of their status as Indians. 
(8) "museum" means any institution or State or local govern-
ment agency (including any institution of higher learning) that 
receives Federal funds and has possession of, or control over. 
Native American cultural items. Such term does not include the 
Smithsonian Institution or any other Federal agency. 
(9) "Native American" means of, or relating to, a tribe, 
people, or culture that is indigenous to the United States. 
(10) "Native Hawaiian" means any individual who is a 
descendant of the aboriginal people who, prior to 1778, occupied 
and exercised sovereignty in the area that now constitutes the 
State of Hawaii. 
(11) "Native Hawaiian organization" means any organization 
which— 
(A) serves and represents the interests of Native Hawai-
ians, 
(B) has as a primary and stated purpose the provision of 
services to Native Hawaiians, and 
(C) has expertise in Native Hawaiian Affairs, and 
shall include the Office of Hawaiian Affairs and Hui Malama I 
Na Kupuna O Hawai'i Nei. 
(12) "Office of Hawaiian Affairs" means the Office of Ha-
waiian Affairs established by the constitution of the State of 
Hawaii. 
(13) "right of possession" means possession obtained with the 
voluntary consent of an individual or group that had authority 
of alienation. The original acquisition of a Native American 
unassociated funerary object, sacred object or object of cultural 
patrimony from an Indian tribe or Native Hawaiian organiza-
tion with the voluntary consent of an individual or group with 
authority to alienate such object is deemed to give right of 
possession of that object, unless the phrase so defined would, as 
104 STAT. 3050 
PUBLIC LAW 101-601—NOV. 16, 1990 
applied in section 7(c), result in a Fifth Amendment taking by 
the United States as determined by the United States Claims 
Court pursuant to 28 U.S.C. 1491 in which event the "right of 
possession" shall be as provided under otherwise applicable 
property law. The original acquisition of Native American 
human remains and associated funerary objects which were 
excavated, exhumed, or otherwise obtained with full knowledge 
and consent of the next of kin or the official governing body of 
the appropriate culturally affiliated Indian tribe or Native 
Hawaiian organization is deemed to give right of possession to 
those remains. 
(14) "Secretary" means the Secretary of the Interior. 
(15) "tribal land" means— 
(A) all lands within the exterior boundaries of any Indian 
reservation; 
(B) all dependent Indian communities; 
(C) any lands administered for the benefit of Native 
Hawaiians pursuant to the Hawaiian Homes Commission 
Act, 1920, and section 4 of Public Law 86-3. 
25 use 3002. 
SEC. 3. OWNERSHIP. 
(a) NATIVE AMERICAN HUMAN REMAINS AND OBJECTS.—The owner-
ship or control of Native American cultural items which are exca-
vated or discovered on Federal or tribal lands after the date of 
enactment of this Act shall be (with priority given in the order 
listed)— 
(1) in the case of Native American human remains and 
associated funerary objects, in the lineal descendants of the 
Native American; or 
(2) in any case in which such lineal descendants cannot be 
ascertained, and in the case of unassociated funerary objects, 
sacred objects, and objects of cultural patrimony— 
(A) in the Indian tribe or Native Hawaiian organization 
on whose tribal land such objects or remains were 
discovered; 
Claims. 
(B) in the Indian tribe or Native Hawaiian organization 
which has the closest cultural affiliation with such remains 
or objects and which, upon notice, states a claim for such 
remains or objects; or 
(C) if the cultural affiliation of the objects cannot be 
reasonably ascertained and if the objects were discovered 
on Federal land that is recognized by a final judgment of 
the Indian Claims Commission or the United States Court 
of Claims as the aboriginal land of some Indian tribe— 
(1) in the Indian tribe that is recognized as aborigi-
nally occupying the area in which the objects were 
discovered, if upon notice, such tribe states a claim for 
such remains or objects, or 
(2) if it can be shown by a preponderance of the 
evidence that a different tribe has a stronger cultural 
relationship with the remains or objects than the tribe 
or organization specified in paragraph (1), in the Indian 
tribe that has the strongest demonstrated relationship, 
if upon notice, such tribe states a claim for such re-
mains or objects. 
(b) UNCLAIMED NATIVE AMERICAN HUMAN REMAINS AND OB-
Regulations. 
JECTS.—Native American cultural items not claimed under subsec-
PUBLIC LAW 101-601—NOV. 16, 1990 
104 STAT. 3051 
tion (a) shall be disposed of in accordance with regulations 
promulgated by the Secretary in consultation with the review 
committee established under section 8, Native American groups, 
representatives of museums and the scientific community. 
(c) INTENTIONAL EXCAVATION AND REMOVAL OF NATIVE AMERICAN 
HUMAN REMAINS AND OBJECTS.—The intentional removal from or 
excavation of Native American cultural items from Federal or tribal 
lands for purposes of discovery, study, or removal of such items is 
permitted only i
f
— 
(1) such items are excavated or removed pursuant to a permit 
issued under section 4 of the Archaeological Resources Protec-
tion Act of 1979 (93 Stat. 721; 16 U.S.C. 470aa et seq.) which 
shall be consistent with this Act; 
(2) such items are excavated or removed after consultation 
with or, in the case of tribal lands, consent of the appropriate (if 
any) Indian tribe or Native Hawaiian organization; 
(3) the ownership and right of control of the disposition of 
such items shall be as provided in subsections (a) and (b); and 
(4) proof of consultation or consent under paragraph (2) is 
shown. 
(d) INADVERTENT DISCOVERY OF NATIVE AMERICAN REMAINS AND 
OBJECTS.—(1) Any person who knows, or has reason to know, that 
such person has discovered Native American cultural items on 
Federal or tribal lands after the date of enactment of this Act shall 
notify, in writing, the Secretary of the Department, or head of any 
other agency or instrumentality of the United States, having pri-
mary management authority with respect to Federal lands and the 
appropriate Indian tribe or Native Hawaiian organization with 
respect to tribal lands, if known or readily ascertainable, and, in the 
case of lands that have been selected by an Alaska Native Corpora-
tion or group organized pursuant to the Alaska Native Claims 
Settlement Act of 1971, the appropriate corporation or group. If the 
discovery occurred in connection with an activity, including (but not 
limited to) construction, mining, logging, and agriculture, the person 
shall cease the activity in the area of the discovery, make a reason-
able effort to protect the items discovered before resuming such 
activity, and provide notice under this subsection. Following the 
notification under this subsection, and upon certification by the 
Secretary of the department or the head of any agency or 
instrumentality of the United States or the appropriate Indian tribe 
or Native Hawaiian organization that notification has been re-
ceived, the activity may resume after 30 days of such certification. 
(2) The disposition of and control over any cultural items exca-
vated or removed under this subsection shall be determined as 
provided for in this section. 
(3) If the Secretary of the Interior consents, the responsibilities (in 
whole or in part) under paragraphs (1) and (2) of the Secretary of 
any department (other than the Department of the Interior) or the 
head of any other agency or instrumentality may be delegated to the 
Secretary with respect to any land managed by such other Secretary 
or agency head. 
(e) RELINQUISHMENT.—Nothing in this section shall prevent the 
governing body of an Indian tribe or Native Hawaiian organization 
from expressly relinquishing control over any Native American 
human remains, or title to or control over any funerary object, or 
sacred object. 
104 STAT. 3052 
PUBLIC LAW 101-601—NOV. 16, 1990 
SEC. 4. ILLEGAL TRAFFICKING. 
(a) ILLEGAL TRAFFICKING.—Chapter 53 of title 18, United States 
Code, is amended by adding at the end thereof the following new 
section: 
"§ 1170. Illegal Trafficking in Native American Human Remains 
and Cultural Items 
"(a) Whoever knowingly sells, purchases, uses for profit, or trans-
ports for sale or profit, the human remains of a Native American 
without the right of possession to those remains as provided in the 
Native American Graves Protection and Repatriation Act shall be 
fined in accordance with this title, or imprisoned not more than 12 
months, or both, and in the case of a second or subsequent violation, 
be fined in accordance with this title, or imprisoned not more than 5 
years, or both. 
"(b) Whoever knowingly sells, purchases, uses for profit, or trans-
ports for sale or profit any Native American cultural items obtained 
in violation of the Native American Grave Protection and Repatri-
ation Act shall be fined in accordance with this title, imprisoned not 
more than one year, or both, and in the case of a second or 
subsequent violation, be fined in accordance with this title, impris-
oned not more than 5 years, or both.". 
(b) TABLE OF CONTENTS.—The table of contents for chapter 53 of 
title 18, United States Code, is amended by adding at the end thereof 
the following new item: 
"1170. Illegal Trafficking in Native American Human Remains and Cultural 
Items.". 
Museums. 
SEC. 5. INVENTORY FOR HUMAN REMAINS AND ASSOCIATED FUNERARY 
25 use 3003. 
OBJECTS. 
(a) IN GENERAL.—Each Federal agency and each museum which 
has possession or control over holdings or collections of Native 
American human remains and associated funerary objects shall 
compile an inventory of such items and, to the extent possible based 
on information possessed by such museum or Federal agency, iden-
tify the geographical and cultural affiliation of such item. 
(b) REQUIREMENTS.—(1) The inventories and identifications re-
quired under subsection (a) shall be— 
(A) completed in consultation with tribal government and 
Native Hawaiian organization officials and traditional religious 
leaders; 
(B) completed by not later than the date that is 5 years after 
the date of enactment of this Act, and 
(C) made available both during the time they are being con-
ducted and afterward to a review committee established under 
section 8. 
(2) Upon request by an Indian tribe or Native Hawaiian organiza-
tion which receives or should have received notice, a museum or 
Federal agency shall supply additional available documentation to 
supplement the information required by subsection (a) of this sec-
tion. The term "documentation" means a summary of existing 
museum or Federal agency records, including inventories or cata-
logues, relevant studies, or other pertinent data for the limited 
purpose of determining the geographical origin, cultural affiliation, 
and basic facts surrounding acquisition and accession of Native 
American human remains and associated funerary objects subject to 
this section. Such term does not mean, and this Act shall not be 
PUBLIC LAW 101-601—NOV. 16, 1990 
104 STAT. 3053 
construed to be an authorization for, the initiation of new scientific 
studies of such remains and associated funerary objects or other 
means of acquiring or preserving additional scientific information 
from such remains and objects. 
(c) EXTENSION OF TIME FOR INVENTORY.—Any museum which has 
made a good faith effort to carry out an inventory and identification 
under this section, but which has been unable to complete the 
process, may appeal to the Secretary for an extension of the time 
requirements set forth in subsection (b)(1)(B). The Secretary may 
extend such time requirements for any such museum upon a finding 
of good faith effort. An indication of good faith shall include the 
development of a plan to carry out the inventory and identification 
process. 
(d) NOTIFICATION.—(1) If the cultural affiliation of any particular 
Native American human remains or associated funerary objects is 
determined pursuant to this section, the Federal agency or museum 
concerned shall, not later than 6 months after the completion of the 
inventory, notify the affected Indian tribes or Native Hawaiian 
organizations. 
(2) The notice required by paragraph (1) shall include infor-
mation— 
(A) which identifies each Native American human remains or 
associated funerary objects and the circumstances surrounding 
its acquisition; 
(B) which lists the human remains or associated funerary 
objects that are clearly identifiable as to tribal origin; and 
(C) which lists the Native American human remains and 
associated funerary objects that are not clearly identifiable as 
being culturally affiliated with that Indian tribe or Native 
Hawaiian organization, but which, given the totality of cir-
cumstances surrounding acquisition of the remains or objects, 
are determined by a reasonable belief to be remains or objects 
culturally affiliated with the Indian tribe or Native Hawaiian 
organization. 
(3) A copy of each notice provided under paragraph (1) shall be 
sent to the Secretary who shall publish each notice in the Federal 
Register. 
(e) INVENTORY.—For the purposes of this section, the term "inven-
tory" means a simple itemized list that summarizes the information 
called for by this section. 
SEC. 6. SUMMARY FOR UNASSOCIATED FUNERARY OBJECTS, SACRED OB-
JECTS, AND CULTURAL PATRIMONY. 
(a) IN GENERAL.—Each Federal agency or museum which has 
possession or control over holdings or collections of Native Amer-
ican unassociated funerary objects, sacred objects, or objects of 
cultural patrimony shall provide a written summary of such objects 
based upon available information held by such agency or museum. 
The summary shall describe the scope of the collection, kinds of 
objects included, reference to geographical location, means and 
period of acquisition and cultural affiliation, where readily as-
certainable. 
(b) REQUIREMENTS.—(1) The summary required under subsection 
(a) shall be— 
(A) in lieu of an object-by-object inventory; 
(B) followed by consultation with tribal government and 
Native Hawaiian organization officials and traditional religious 
leaders; and 
Federal 
Register, 
publication. 
25 u s e 3004. 
Museums. 
89-194 O - 91 - 24 : QL 3 Part 4 
104 STAT. 3054 
PUBLIC LAW 101-601—NOV. 16, 1990 
(C) completed by not later than the date that is 3 years after 
the date of enactment of this Act. 
(2) Upon request, Indian Tribes and Native Hawaiian organiza-
tions shall have access to records, catalogues, relevant studies or 
other pertinent data for the limited purposes of determining the 
geographic origin, cultural affiliation, and basic facts surrounding 
acquisition and accession of Native American objects subject to this 
section. Such information shall be provided in a reasonable manner 
to be agreed upon by all parties. 
25 use 3005. 
SEC. 7. REPATRIATION. 
(a) REPATRIATION OF NATIVE AMERICAN HUMAN REMAINS AND 
OBJECTS POSSESSED OR CONTROLLED BY FEDERAL AGENCIES AND MUSE-
UMS.—(1) If, pursuant to section 5, the cultural affiliation of Native 
American human remains and associated funerary objects with a 
particular Indian tribe or Native Hawaiian organization is estab-
lished, then the Federal agency or museum, upon the request of a 
known lineal descendant of the Native American or of the tribe or 
organization and pursuant to subsections (b) and (e) of this section, 
shall expeditiously return such remains and associated funerary 
objects. 
(2) If, pursuant to section 6, the cultural affiliation with a particu-
lar Indian tribe or Native Hawaiian organization is shown with 
respect to unassociated funerary objects, sacred objects or objects of 
cultural patrimony, then the Federal agency or museum, upon the 
request of the Indian tribe or Native Hawaiian organization and 
pursuant to subsections (b), (c) and (e) of this section, shall expedi-
tiously return such objects. 
(3) The return of cultural items covered by this Act shall be in 
consultation with the requesting lineal descendant or tribe or 
organization to determine the place and manner of delivery of such 
items. 
(4) Where cultural affiliation of Native American human remains 
and funerary objects has not been established in an inventory 
prepared pursuant to section 5, or the summary pursuant to section 
6, or where Native American human remains and funerary objects 
are not included upon any such inventory, then, upon request and 
pursuant to subsections (b) and (e) and, in the case of unassociated 
funerary objects, subsection (c), such Native American human re-
mains and funerary objects shall be expeditiously returned where 
the requesting Indian tribe or Native Hawaiian organization can 
show cultural affiliation by a preponderance of the evidence based 
upon geographical, kinship, biological, archaeological, anthropo-
logical, linguistic, folkloric, oral traditional, historical, or other 
relevant information or expert opinion. 
(5) Upon request and pursuant to subsections (b), (c) and (e), sacred 
objects and objects of cultural patrimony shall be expeditiously 
returned where— 
(A) the requesting party is the direct lineal descendant of an 
individual who owned the sacred object; 
(B) the requesting Indian tribe or Native Hawaiian organiza-
tion can show that the object was owned or controlled by the 
tribe or organization; or 
(C) the requesting Indian tribe or Native Hawaiian organiza-
tion can show that the sacred object was owned or controlled by 
a member thereof, provided that in the case where a sacred 
object w£is owned by a member thereof, there are no identifiable 
PUBLIC LAW 101-601—NOV. 16, 1990 
104 STAT. 3055 
lineal descendants of said member or the lineal descendants, 
upon notice, have failed to make a claim for the object under 
this Act. 
(b) SCIENTIFIC STUDY.—If the lineal descendant, Indian tribe, or 
Native Hawaiian organization requests the return of culturally 
affiliated Native American cultural items, the Federal agency or 
museum shall expeditiously return such items unless such items are 
indispensable for completion of a specific scientific study, the out-
come of which would be of major benefit to the United States. Such 
items shall be returned by no later than 90 days after the date on 
which the scientific study is completed. 
(c) STANDARD OF REPATRIATION.—If a known lineal descendant or 
an Indian tribe or Native Hawaiian organization requests the return 
of Native American unassociated funerary objects, sacred objects or 
objects of cultural patrimony pursuant to this Act and presents 
evidence which, if standing alone before the introduction of evidence 
to the contrary, would support a finding that the Federal agency or 
museum did not have the right of possession, then such agency or 
museum shall return such objects unless it can overcome such 
inference and prove that it has a right of possession to the objects. 
(d) SHARING OF INFORMATION BY FEDERAL AGENCIES AND MUSE-
UMS.—Any Federal agency or museum shall share what information 
it does possess regarding the object in question with the known 
lineal descendant, Indian tribe, or Native Hawaiian organization to 
assist in making a claim under this section. 
(e) COMPETING CLAIMS.—Where there are multiple requests for 
repatriation of any cultural item and, after complying with the 
requirements of this Act, the Federal agency or museum cannot 
clearly determine which requesting party is the most appropriate 
claimant, the agency or museum may retain such item until the 
requesting parties agree upon its disposition or the dispute is 
otherwise resolved pursuant to the provisions of this Act or by a 
court of competent jurisdiction. 
(f) MUSEUM OBLIGATION.—Any museum which repatriates any 
item in good faith pursuant to this Act shall not be liable for claims 
by an aggrieved party or for claims of breach of fiduciary duty, 
public trust, or violations of state law that are inconsistent with the 
provisions of this Act. 
SEC. 8. REVIEW COMMITTEE. 
25 USC 3006. 
(a) ESTABLISHMENT.—Within 120 days after the date of enactment 
of this Act, the Secretary shall establish a committee to monitor and 
review the implementation of the inventory and identification proc-
ess and repatriation activities required under sections 5, 6 and 7. 
(b) MEMBERSHIP.—(1) The Committee established under subsection 
(a) shall be composed of 7 members, 
(A) 3 of whom shall be appointed by the Secretary from 
nominations submitted by Indian tribes. Native Hawaiian 
organizations, and traditional Native American religious lead-
ers with at least 2 of such persons being traditional Indian 
religious leaders; 
(B) 3 of whom shall be appointed by the Secretary from 
nominations submitted by national museum organizations and 
scientific organizations; and 
(C) 1 who shall be appointed by the Secretary from a list of 
persons developed and consented to by all of the members 
appointed pursuant to subparagraphs (A) and (B). 
104 STAT. 3056 
PUBLIC LAW 101-601—NOV. 16, 1990 
(2) The Secretary may not appoint Federal officers or employees to 
the committee. 
(3) In the event vacancies shall occur, such vacancies shall be 
filled by the Secretary in the same manner as the original appoint-
ment within 90 days of the occurrence of such vacancy. 
(4) Members of the committee established under subsection (a) 
shall serve without pay, but shall be reimbursed at a rate equal to 
the daily rate for GS-18 of the General Schedule for each day 
(including travel time) for which the member is actually engaged in 
committee business. Each member shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with sec-
tions 5702 and 5703 of title 5, United States Code. 
(c) RESPONSIBILITIES.—The committee established under subsection 
(a) shall be responsible for— 
(1) designating one of the members of the committee as 
chairman; 
(2) monitoring the inventory and identification process con-
ducted under sections 5 and 6 to ensure a fair, objective consid-
eration and assessment of all available relevant information 
and evidence; 
(3) upon the request of any affected party, reviewing and 
making findings related to— 
(A) the identity or cultural affiliation of cultural items, or 
(B) the return of such items; 
(4) facilitating the resolution of any disputes among Indian 
tribes. Native Hawaiian organizations, or lineal descendants 
and Federal agencies or museums relating to the return of such 
items including convening the parties to the dispute if deemed 
desirable; 
(5) compiling an inventory of culturally unidentifiable human 
remains that are in the possession or control of each Federal 
agency and museum and recommending specific actions for 
developing a process for disposition of such remains; 
(6) consulting with Indian tribes and Native Hawaiian 
organizations and museums on matters within the scope of the 
work of the committee affecting such tribes or organizations; 
(7) consulting with the Secretary in the development of regu-
lations to carry out this Act; 
(8) performing such other related functions as the Secretary 
may assign to the committee; and 
(9) making recommendations, if appropriate, regarding future 
care of cultural items which are to be repatriated. 
(d) Any records and findings made by the review committee 
pursuant to this Act relating to the identity or cultural affiliation of 
any cultural items and the return of such items may be admissible 
in any action brought under section 15 of this Act. 
(e) RECOMMENDATIONS AND REPORT.—The committee shall make 
the recommendations under paragraph (cX5) in consultation with 
Indian tribes and Native Hawaiian organizations and appropriate 
scientific and museum groups. 
if) ACCESS.—The Secretary shall ensure that the committee estab-
lished under subsection (a) and the members of the committee have 
reasonable access to Native American cultural items under review 
and to associated scientific and historical documents. 
(g) DUTIES OF SECRETARY.—The Secretary shall— 
Regulations. 
(1) establish such rules and regulations for the committee as 
may be necessary, and 
PUBLIC LAW 101-601—NOV. 16, 1990 
104 STAT. 3057 
(2) provide reasonable administrative and staff support nec-
essary for the deliberations of the committee. 
(h) ANNUAL REPORT.—The committee established under subsec-
tion (a) shall submit an annual report to the Congress on the 
progress made, and any barriers encountered, in implementing this 
section during the previous year. 
(i) TERMINATION.—The committee established under subsection (a) 
shall terminate at the end of the 120-day period beginning on the 
day the Secretary certifies, in a report submitted to Congress, that 
the work of the committee has been completed. 
Museums. 
25 use 3007. 
SEC. 9. PENALTY. 
(a) PENALTY.—Any museum that fails to comply with the require-
ments of this Act may be assessed a civil penalty by the Secretary of 
the Interior pursuant to procedures established by the Secretary 
through regulation. A penalty assessed under this subsection shall 
be determined on the record after opportunity for an agency hear-
ing. Each violation under this subsection shall be a separate offense. 
(b) AMOUNT OF PENALTY.—The amount of a penalty assessed 
under subsection (a) shall be determined under regulations promul-
gated pursuant to this Act, taking into account, in addition to other 
factors— 
(1) the archaeological, historical, or commercial value of the 
item involved; 
(2) the damages suffered, both economic and noneconomic, by 
an aggrieved party, and 
(3) the number of violations that have occurred. 
(c) ACTIONS TO RECOVER PENALTIES.—If any museum fails to pay Courts, 
an assessment of a civil penalty pursuant to a final order of the 
Secretary that has been issued under subsection (a) and not ap-
pealed or after a final judgment has been rendered on appeal of such 
order, the Attorney General may institute a civil action in an 
appropriate district court of the United States to collect the penalty. 
In such action, the validity and amount of such penalty shall not be 
subject to review. 
(d) SUBPOENAS.—In hearings held pursuant to subsection (a), 
subpoenas may be issued for the attendance and testimony of wit-
nesses and the production of relevant papers, books, and documents. 
Witnesses so summoned shall be paid the same fees and mileage 
that are paid to witnesses in the courts of the United States. 
SEC. 10. GRANTS. 
25 USC 3008. 
(a) INDIAN TRIBES AND NATIVE HAWAIIAN ORGANIZATIONS.—The 
Secretary is authorized to make grants to Indian tribes and Native 
Hawaiian organizations for the purpose of assisting such tribes and 
organizations in the repatriation of Native American cultural items. 
(b) MUSEUMS.—The Secretary is authorized to make grants to 
museums for the purpose of assisting the museums in conducting 
the inventories and identification required under sections 5 and 6. 
SEC. 11. SAVINGS PROVISIONS. 
25 USC 3009. 
Nothing in this Act shall be construed to— 
(1) limit the authority of any Federal agency or museum to— 
(A) return or repatriate Native American cultural items 
to Indian tribes, Native Hawaiian organizations, or individ-
uals, and 
104 STAT. 3058 
PUBLIC LAW 101-601—NOV. 16, 1990 
(B) enter into any other agreement with the consent of 
the culturally affiliated tribe or organization as to the 
disposition of, or control over, items covered by this Act; 
(2) delay actions on repatriation requests that are pending on 
the date of enactment of this Act; 
(3) deny or otherwise affect access to any court; 
(4) limit any procedural or substantive right which may 
otherwise be secured to individuals or Indian tribes or Native 
Hawaiian organizations; or 
(5) limit the application of any State or Federal law pertain-
ing to theft or stolen property. 
25 u s e 3010. 
SEC. 12. SPECIAL RELATIONSHIP BETWEEN FEDERAL GOVERNMENT AND 
INDIAN TRIBES. 
This Act reflects the unique relationship between the Federal 
Government and Indian tribes and Native Hawaiian organizations 
and should not be construed to establish a precedent with respect to 
any other individual, organization or foreign government. 
25 u s e 3011. 
SEC. 13. REGULATIONS. 
The Secretary shall promulgate regulations to carry out this Act 
within 12 months of enactment, 
25 u s e 3012. 
SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated such sums as may be 
necessary to carry out this Act. 
25 u s e 3013. 
SEC. 15. ENFORCEMENT. 
Courts. 
The United States district courts shall have jurisdiction over any 
action brought by any person alleging a violation of this Act and 
shall have the authority to issue such orders as may be necessary to 
enforce the provisions of this Act. 
Approved November 16, 1990. 
LEGISLATIVE HISTORY—H.R. 5237: 
HOUSE REPORTS: No. 101-877 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 22, considered and passed House. 
Oct. 25, considered and passed Senate; passage vitiated. 
Oct. 26, reconsidered and passed Senate, amended. 
Oct. 27, House concurred in Senate amendments. 
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