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25 U.S.C. § 3013 — Enforcement
Federal law — U.S. Code and appendices · legal_authorities
The United States district courts shall have jurisdiction over any action brought by any person alleging a violation of this chapter and shall have the authority to issue such orders as may be necessary to enforce the provisions of this chapter.
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Source location: Title 25, Chapter 32, § 3013; chapter-032-native-american-graves-protection-and-repatriation.md
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The United States district courts shall have jurisdiction over any action brought by any person alleging a violation of this chapter and shall have the authority to issue such orders as may be necessary to enforce the provisions of this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter, the term—
(1) “burial site” means any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which as a part of the death rite or ceremony of a culture, individual human remains are deposited.
(2) “cultural affiliation” means that there is a relationship of shared group identity which can be reasonably traced historically 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 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, and both the human remains and associated funerary objects are presently in the possession or control of a Federal agency or museum, except that other items exclusively made for burial purposes or to contain human remains shall be considered as associated funerary objects.11 So in original. The period probably should be a comma.
(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 control 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 remains or, by a preponderance of the evidence, as having been removed from a specific burial site of an individual culturally affiliated with a particular Indian tribe,
(C) “sacred objects” which
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** Within 120 days after November 16, 1990, the Secretary shall establish a committee to monitor and review the implementation of the inventory and identification process and repatriation activities required under sections 3003, 3004 and 3005 of this title.
**(b) Membership**
(1) The Committee 11 So in original. Probably should not be capitalized. 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 leaders 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).
(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 appointment 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 sections 5702 and 5703 of title 5.
**(c) Responsibilities** The committee established under subsection (a) shall be responsible for—
(1
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Federal law — U.S. Code and appendices · legal_authorities
Page 536
TITLE 25—INDIANS
§ 3010
(A) return or repatriate Native American
cultural items to Indian tribes, Native Ha-
waiian organizations, or individuals, and
(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 chapter;
(2) delay actions on repatriation requests
that are pending on November 16, 1990;
(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 organiza-
tions; or
(5) limit the application of any State or Fed-
eral law pertaining to theft or stolen property.
(Pub. L. 101–601, § 11, Nov. 16, 1990, 104 Stat. 3057.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 101–601, Nov. 16, 1990, 104
Stat. 3048, known as the Native American Graves Pro-
tection and Repatriation Act, which is classified prin-
cipally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 3001 of this title and Tables.
§ 3010. Special relationship between Federal Gov-
ernment and Indian tribes and Native Ha-
waiian organizations
This chapter 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, organiza-
tion or foreign government.
(Pub. L. 101–601, § 12, Nov. 16, 1990, 104 Stat. 3058.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘This Act’’, meaning Pub. L. 101–601, Nov. 16, 1990, 104
Stat. 3048, known
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 3013
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