Implementation of the Native American Graves Protection and Repatriation Act: Hearing Before the Committee on Indian Affairs, United States Senate, One Hundred Fourth Congress, First Session ... December 6, 1995, Washington, DC.

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U.S. Government Printing Office, 1996 - 292 pages

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Page 6 - Indian tribe" means any tribe, band, nation, or other organized group or community of Indians (including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (Public Law 92-203; 85 Stat.
Page 6 - Native Hawaiian organization" means any organization which — (A) serves and represents the interests of Native Hawaiians, (B) has as a primary and stated purpose the provision of services to Native Hawaiians, and (C) has...
Page 7 - ... (3) Notwithstanding any other provision of this Act, no civil penalty shall be imposed if it can be shown by a preponderance of the evidence that the defendant committed an act based on a good faith belief that he was acting to protect himself or herself, a member of his or her family, or any other individual from bodily harm, from any endangered or threatened species.
Page 8 - Federal land manager" means, with respect to any public lands, the Secretary of the department, or the head of any other agency or instrumentality of the United States, having primary management authority over such lands. In the case of any public...
Page 14 - ... who violates, any provision of any other regulation issued under this Act may be assessed a civil penalty by the Secretary of not...
Page 14 - Secretary may Issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths.
Page 207 - museum" means any institution or State or local government 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.
Page 54 - States to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise promote the welfare of the Indian people, do hereby establish and submit the following resolution; and...
Page 11 - Hawaiian organization can show cultural affiliation by a preponderance of the evidence based upon geographical, kinship, biological, archaeological, anthropological, linguistic, folkloric, oral traditional, historical, or other relevant information or expert opinion.
Page 14 - States to institute a civil action in an appropriate district court of the United States to collect the penalty, and such court shall have jurisdiction to hear and decide any such action.

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