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’’, meaning Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, known as the Native American Graves Protection and Repatri- ation Act, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables. § 3006. Review committee (a) Establishment Within 120 days after November 16, 1990, the Secretary shall establish a committee to mon- itor and review the implementation of the in- ventory and identification process and repatri- ation activities required under sections 3003, 3004 and 3005 of this title. (b) Membership (1) The Committee 1 established under sub- section (a) shall be composed of 7 members, (A) 3 of whom shall be appointed by the Sec- retary from nominations submitted by Indian tribes, Native Hawaiian organizations, and traditional Native American religious leaders with at least 2 of such persons being tradi- tional Indian religious leaders; (B) 3 of whom shall be appointed by the Sec- retary from nominations submitted by na- tional museum organizations and scientific or- ganizations; and (C) 1 who shall be appointed by the Sec- retary 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 of- ficers or employees to the committee. (3) In the event vacancies shall occur, such va- cancies shall be filled by the Secretary in the same manner as the original appointment with- in 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 mem- ber is actually engaged in committee business. Each member shall receive travel expenses, in- cluding per diem in lieu of subsistence, in ac- cordance 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 identifica- tion 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 organi- zations, 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 un- identifiable human remains that are in the possession or control of each Federal agency and museum and recommending specific ac- tions for developing a process for disposition of such remains; (6) consulting with Indian tribes and Native Hawaiian organizations and museums on mat- ters within the scope of the work of the com- mittee affecting such tribes or organizations; (7) consulting with the Secretary in the de- velopment 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 cul- tural items and the return of such items may be admissible in any action brought under section 3013 of this title. Page 535 TITLE 25—INDIANS § 3009 2 So in original. Probably should be ‘‘subsection’’. 1 So in original. The comma probably should be a semicolon. (e) Recommendations and report The committee shall make the recommenda- tions under paragraph 2 (c)(5) in consultation with Indian tribes and Native Hawaiian organi- zations and appropriate scientific and museum groups. (f) Access The Secretary shall ensure that the com- mittee established under subsection (a) and the members of the committee have reasonable ac- cess to Native American cultural items under review and to associated scientific and histor- ical 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 Con- gress on the progress made, and any barriers en- countered, 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 pe- riod beginning on the day the Secretary cer- tifies, in a report submitted to Congress, that the work of the committee has been completed. (Pub. L. 101–601, § 8, Nov. 16, 1990, 104 Stat. 3055.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (c)(7) and (d), was in the original ‘‘this Act’’, meaning Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, known as the Native Amer- ican Graves Protection and Repatriation Act, which is classified principally 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. Statutory Notes and Related Subsidiaries REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 3007. Penalty (a) Penalty Any museum that fails to comply with the re- quirements of this chapter may be assessed a civil penalty by the Secretary of the Interior pursuant to procedures established by the Sec- retary through regulation. A penalty assessed under this subsection shall be determined on the record after opportunity for an agency hearing. Each violation under this subsection shall be a separate offense. (b) Amount of penalty The amount of a penalty assessed under sub- section (a) shall be determined under regula- tions promulgated pursuant to this chapter, tak- ing into account, in addition to other factors— (1) the archaeological, historical, or com- mercial value of the item involved; (2) the damages suffered, both economic and noneconomic, by an aggrieved party,1 and (3) the number of violations that have oc- curred. (c) Actions to recover penalties If any museum fails to pay an assessment of a civil penalty pursuant to a final order of the Secretary that has been issued under subsection (a) and not appealed 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 witnesses and the production of relevant papers, books, and documents. Wit- nesses so summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. (Pub. L. 101–601, § 9, Nov. 16, 1990, 104 Stat. 3057.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, known as the Native Amer- ican Graves Protection and Repatriation Act, which is classified principally 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. § 3008. Grants (a) Indian tribes and Native Hawaiian organiza- tions The Secretary is authorized to make grants to Indian tribes and Native Hawaiian organizations for the purpose of assisting such tribes and orga- nizations 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 muse- ums in conducting the inventories and identi- fication required under sections 3003 and 3004 of this title. (Pub. L. 101–601, § 10, Nov. 16, 1990, 104 Stat. 3057.) § 3009. Savings provision Nothing in this chapter shall be construed to— (1) limit the authority of any Federal agency or museum to—