Browse Arkansas Code titles and sections

25 U.S.C. § 3006 — Review committee

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3006 — Review committee

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3006

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: cb3c78f545142ca579ca598f0db4da67f8dcdd6b3019c2cbe40586a1331450e5. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_7aaaa8aa4e72ba93e62f5e5b
Source file: Laws/federal/codes/united-states-code/title-25/section-3006-review-committee--1d4fe133cd.md
Pages: Not recorded – Not recorded
Passage SHA-256: 0f5b2afa043093cd991b2074334ed0279cd1e359a9e381e2fe43b69d7760b0f4

Source location: Title 25, Chapter 32, § 3006; chapter-032-native-american-graves-protection-and-repatriation.md

Stored source content

**(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) designating one of the members of the committee as chairman; (2) monitoring the inventory and identification process conducted under sections 3003 and 3004 of this title to ensure a fair, objective consideration 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 regulations to carry out this chapter; (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) Admissibility of records and findings** Any records and findings made by the review committee pursuant to this chapter 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 3013 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3013&num=0&edition=prelim). **(e) Recommendations and report** The committee shall make the recommendations under paragraph 22 So in original. Probably should be “subsection”. (c)(5) in consultation with Indian tribes and Native Hawaiian organizations and appropriate scientific and museum groups. **(f) Access** The Secretary shall ensure that the committee established 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— (1) establish such rules and regulations for the committee as may be necessary, and (2) provide reasonable administrative and staff support necessary for the deliberations of the committee. **(h) Annual report** The committee established under subsection (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.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3013 — Enforcement

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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3013

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3001 — Definitions

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3001

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5376 — Pay for certain senior-level positions

**(a)** This section applies to— (1) positions that are classified above GS–15 pursuant to section 5108; and (2) scientific or professional positions established under section 3104; but does not apply to— (A) any Senior Executive Service position under section 3132; or (B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151. **(b)** (1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be— (A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and (B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule. The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373. (2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate. (3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to “level III” were a reference to “level II”. (4) No employee may suffer a reduction in pay by reaso

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5376

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3002 — Ownership

**(a) Native American human remains and objects** The ownership or control of Native American cultural items which are excavated or discovered on Federal or tribal lands after November 16, 1990, 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; (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 aboriginally 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 remains or objects. **(b) Unclaimed Native American human remains and objects** Native American cultural items not c

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3002

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3003 — Inventory for human remains and associated funerary 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, identify the geographical and cultural affiliation of such item.11 So in original. Probably should be “items.” **(b) Requirements** (1) The inventories and identifications required 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 November 16, 1990, and (C) made available both during the time they are being conducted and afterward to a review committee established under [section 3006 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3006&num=0&edition=prelim). (2) Upon request by an Indian tribe or Native Hawaiian organization 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 section. The term “documentation” means a summary of existing museum or Federal agency records, including inventories or catalogues, 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 chapter shall not be construed to be an authorization for, the initiation of new scientific studie

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3003

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3006 — Review committee

Page 534 TITLE 25—INDIANS § 3006 1 So in original. Probably should be capitalized. 1 So in original. Probably should not be capitalized. 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 museums Any Federal agency or museum shall share what information it does possess regarding the object in question with the known lineal de- scendant, Indian tribe, or Native Hawaiian orga- nization to assist in making a claim under this section. (e) Competing claims Where there are multiple requests for repatri- ation of any cultural item and, after complying with the requirements of this chapter, the Fed- eral agency or museum cannot clearly deter- mine which requesting party is the most appro- priate claimant, the agency or museum may re- tain such item until the requesting parties agree upon its disposition or the dispute is otherwise resolved pursuant to the provisions of this chap- ter or by a court of competent jurisdiction. (f) Museum obligation Any museum which repatriates any item in good faith pursuant to this chapter shall not be liable for claims by an aggrieved party or for claims of breach of fiduciary duty, public trust, or violations of state 1 law that are inconsistent with the provisions of this chapter. (Pub. L. 101–601, § 7, Nov. 16, 1990, 104 Stat. 3054.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(3), (5)(C), (c), (e), and (f), was in the original ‘‘this Act’’, me

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 3006

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.