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 outcome 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 MUSEUMS.-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. (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 process 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 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). 25 USC 3006. 104 STAT. 3056 Regulations. 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 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, 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 conducted under sections 5 and 6 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 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 (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 PUBLIC LAW 101-601-NOV. 16, 1990 (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. SEC. 9. PENALTY. 104 STAT. 3057 (a) PENALTY.-Any museum that fails to comply with the requirements 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 hearing. 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 promulgated 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. Museums. (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 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. 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. (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. Nothing in this Act shall be construed to (1) limit the authority of any Federal agency or museum to- 25 USC 3008. 25 USC 3009. 104 STAT. 3058 25 USC 3010. 25 USC 3011. 25 USC 3012. 25 USC 3013. Courts. 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 pertaining to theft or stolen property. SEC. 12. SPECIAL RELATIONSHIP BETWEEN FEDERAL GOVERNMENT AND This Act reflects the unique relationship between the Federal The Secretary shall promulgate regulations to carry out this Act within 12 months of enactment. SEC. 14. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act. SEC. 15. ENFORCEMENT. 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. HOUSE REPORTS: No. 101-877 (Comm. on Interior and Insular Affairs). 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. Senator INOUYE. I would like to welcome our witnesses here today and I look forward to your testimony. For the first panel, may I call upon Sherry Hutt of Maricopa County Superior Court of Phoenix, AZ and Rosita Worl, Interim Executive Director, Sealaska Heritage Foundation of Juneau, AK. STATEMENT OF SHERRY HUTT, MARICOPA COUNTY SUPERIOR COURT, PHOENIX, AZ Ms. HUTT. Good morning, Senator Inouye. Thank you for the opportunity to come and speak to you about NAGPRA from my vantage point as a writer and lecturer, which has given me the opportunity to learn about the spectrum of views of tribal people, museums, and scientists across the country. There are two aspects of NAGPRA which should underscore all of our discussions. First, this law was intended to extend equal protection of property rights to Native Americans, and it does just that. It is consistent with well-settled property rights principles which can be applied to most of the issues that have become contentious and that we may discuss today. This law is internally consistent and unambiguous and as such needs very little tinkering. Any amendment which would upset this balance should be avoided. This is not a law that pits Native Americans against science. Rather, it is one that acknowledges the property rights of previously disenfranchised groups. The second aspect of this law is that it presents a process to open communication to accomplish repatriation. Where that process runs into snags the review committee is provided for in the law to deal with those disputes. I want to now briefly address some of the current issues that have been identified that have brought us all here today. The first issue, which I believe is a key to resolving many of the other issues has been termed the redelegation of authority to implement the act. I have addressed this at length in my written statement. The national implementation of NAGPRA cannot remain in its current place. It must be housed in a neutral habitat. National implementation as a unit includes drafting regulations, administering grants, publication of required notices, staff support to the review committee, civil penalty enforcement, and to foster use and education of the law. The placement of NAGPRA implementation in an office devoted to furthering science has compromised its neutrality and has caused a high turn-over rate in staff. The NAGPRA team leader has forestalled much of this controversy by finessing agreements between the parties where he could find commonality and by stressing understanding of the law. To ensure implementation of this law without disruption, change of location of the team must occur soon and it can occur quite easily. No new agency is required, no new personnel. Rather, this would be an action of the Secretary of the Interior to resite the group. When we look at some of the other issues as to inventories— there is a question as to whether the National Park Service has abused its discretion in granting extensions to museums for inven |