104 STAT. 3050 25 USC 3002. Claims. Regulations. PUBLIC LAW 101-601-NOV. 16, 1990 applied in section 7(c), result in a Fifth Amendment taking by (14) "Secretary" means the Secretary of the Interior. (A) all lands within the exterior boundaries of any Indian reservation; (B) all dependent Indian communities; (C) any lands administered for the benefit of Native Hawaiians pursuant to the Hawaiian Homes Commission Act, 1920, and section 4 of Public Law 86-3. SEC. 3. 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 the date of enactment of this Act 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 re mains or objects. (b) UNCLAIMED NATIVE AMERICAN HUMAN REMAINS AND OBJECTS.-Native American cultural items not claimed under subsec PUBLIC LAW 101-601-NOV. 16, 1990 tion (a) shall be disposed of in accordance with regulations promulgated by the Secretary in consultation with the review committee established under section 8, Native American groups, representatives of museums and the scientific community. (c) INTENTIONAL EXCAVATION AND REMOVAL OF NATIVE AMERICAN HUMAN REMAINS AND OBJECTS.-The intentional removal from or excavation of Native American cultural items from Federal or tribal lands for purposes of discovery; study, or removal of such items is permitted only if (1) such items are excavated or removed pursuant to a permit issued under section 4 of the Archaeological Resources Protection Act of 1979 (93 Stat. 721; 16 U.S.Č. 470aa et seq.) which shall be consistent with this Act; (2) such items are excavated or removed after consultation with or, in the case of tribal lands, consent of the appropriate (if any) Indian tribe or Native Hawaiian organization; (3) the ownership and right of control of the disposition of such items shall be as provided in subsections (a) and (b); and (4) proof of consultation or consent under paragraph (2) is shown. (d) INADVERTENT DISCOVERY OF NATIVE AMERICAN REMAINS AND OBJECTS.-(1) Any person who knows, or has reason to know, that such person has discovered Native American cultural items on Federal or tribal lands after the date of enactment of this Act shall notify, in writing, the Secretary of the Department, or head of any other agency or instrumentality of the United States, having primary management authority with respect to Federal lands and the appropriate Indian tribe or Native Hawaiian organization with respect to tribal lands, if known or readily ascertainable, and, in the case of lands that have been selected by an Alaska Native Corporation or group organized pursuant to the Alaska Native Claims Settlement Act of 1971, the appropriate corporation or group. If the discovery occurred in connection with an activity, including (but not limited to) construction, mining, logging, and agriculture, the person shall cease the activity in the area of the discovery, make a reasonable effort to protect the items discovered before resuming such activity, and provide notice under this subsection. Following the notification under this subsection, and upon certification by the Secretary of the department or the head of any agency or instrumentality of the United States or the appropriate Indian tribe or Native Hawaiian organization that notification has been received, the activity may resume after 30 days of such certification. (2) The disposition of and control over any cultural items excavated or removed under this subsection shall be determined as provided for in this section. (3) If the Secretary of the Interior consents, the responsibilities (in whole or in part) under paragraphs (1) and (2) of the Secretary of any department (other than the Department of the Interior) or the head of any other agency or instrumentality may be delegated to the Secretary with respect to any land managed by such other Secretary or agency head. (e) RELINQUISHMENT.-Nothing in this section shall prevent the governing body of an Indian tribe or Native Hawaiian organization from expressly relinquishing control over any Native American human remains, or title to or control over any funerary object, or sacred object. 104 STAT. 3051 า 104 STAT. 3052 Museums. 25 USC 3003. PUBLIC LAW 101-601-NOV. 16, 1990 SEC. 4. ILLEGAL TRAFFICKING. (a) ILLEGAL TRAFFICKING. Chapter 53 of title 18, United States Code, is amended by adding at the end thereof the following new section: "§ 1170. Illegal Trafficking in Native American Human Remains and Cultural Items "(a) Whoever knowingly sells, purchases, uses for profit, or transports for sale or profit, the human remains of a Native American without the right of possession to those remains as provided in the Native American Graves Protection and Repatriation Act shall be fined in accordance with this title, or imprisoned not more than 12 months, or both, and in the case of a second or subsequent violation, be fined in accordance with this title, or imprisoned not more than 5 years, or both. "(b) Whoever knowingly sells, purchases, uses for profit, or transports for sale or profit any Native American cultural items obtained in violation of the Native American Grave Protection and Repatriation Act shall be fined in accordance with this title, imprisoned not more than one year, or both, and in the case of a second or subsequent violation, be fined in accordance with this title, imprisoned not more than 5 years, or both.”. (b) TABLE OF CONTENTS.-The table of contents for chapter 53 of title 18, United States Code, is amended by adding at the end thereof the following new item: "1170. Illegal Trafficking in Native American Human Remains and Cultural SEC. 5. INVENTORY FOR HUMAN REMAINS AND ASSOCIATED FUNERARY (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 shail 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. (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 the date of enactment of this Act, and (C) made available both during the time they are being conducted and afterward to a review committee established under section 8. (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 Act shall not be PUBLIC LAW 101-601-NOV. 16, 1990 104 STAT. 3053 construed to be an authorization for, the initiation of new scientific studies of such remains and associated funerary objects or other means of acquiring or preserving additional scientific information from such remains and objects. (c) EXTENSION OF TIME FOR INVENTORY.-Any museum which has made a good faith effort to carry out an inventory and identification under this section, but which has been unable to complete the process, may appeal to the Secretary for an extension of the time requirements set forth in subsection (bX1XB). The Secretary may extend such time requirements for any such museum upon a finding of good faith effort. An indication of good faith shall include the development of a plan to carry out the inventory and identification process. (d) NOTIFICATION.-(1) If the cultural affiliation of any particular Native American human remains or associated funerary objects is determined pursuant to this section, the Federal agency or museum concerned shall, not later than 6 months after the completion of the inventory, notify the affected Indian tribes or Native Hawaiian organizations. (2) The notice required by paragraph (1) shall include information (A) which identifies each Native American human remains or associated funerary objects and the circumstances surrounding its acquisition; (B) which lists the human remains or associated funerary objects that are clearly identifiable as to tribal origin; and (C) which lists the Native American human remains and associated funerary objects that are not clearly identifiable as being culturally affiliated with that Indian tribe or Native Hawaiian organization, but which, given the totality of circumstances surrounding acquisition of the remains or objects, are determined by a reasonable belief to be remains or objects culturally affiliated with the Indian tribe or Native Hawaiian organization. (3) A copy of each notice provided under paragraph (1) shall be sent to the Secretary who shall publish each notice in the Federal Register. (e) INVENTORY.-For the purposes of this section, the term "inventory" means a simple itemized list that summarizes the information called for by this section. SEC. 6. SUMMARY FOR UNASSOCIATED FUNERARY OBJECTS, SACRED OB- Federal publication. 25 USC 3004. (a) IN GENERAL.-Each Federal agency or museum which has Museums. possession or control over holdings or collections of Native American unassociated funerary objects, sacred objects, or objects of cultural patrimony shall provide a written summary of such objects based upon available information held by such agency or museum. The summary shall describe the scope of the collection, kinds of objects included, reference to geographical location, means and period of acquisition and cultural affiliation, where readily ascertainable. (b) REQUIREMENTS.-(1) The summary required under subsection (a) shall be (A) in lieu of an object-by-object inventory; (B) followed by consultation with tribal government and Native Hawaiian organization officials and traditional religious leaders; and 104 STAT. 3054 25 USC 3005. PUBLIC LAW 101-601-NOV. 16, 1990 (C) completed by not later than the date that is 3 years after the date of enactment of this Act. (2) Upon request, Indian Tribes and Native Hawaiian organizations shall have access to records, catalogues, relevant studies or other pertinent data for the limited purposes of determining the geographic origin, cultural affiliation, and basic facts surrounding acquisition and accession of Native American objects subject to this section. Such information shall be provided in a reasonable manner to be agreed upon by all parties. SEC. 7. REPATRIATION. (a) REPATRIATION OF NATIVE AMERICAN HUMAN REMAINS AND OBJECTS POSSESSED OR CONTROLLED BY FEDERAL AGENCIES AND MUSEUMS.—(1) If, pursuant to section 5, the cultural affiliation of Native American human remains and associated funerary objects with a particular Indian tribe or Native Hawaiian organization is established, then the Federal agency or museum, upon the request of a known lineal descendant of the Native American or of the tribe or organization and pursuant to subsections (b) and (e) of this section, shall expeditiously return such remains and associated funerary objects. (2) If, pursuant to section 6, the cultural affiliation with a particular Indian tribe or Native Hawaiian organization is shown with respect to unassociated funerary objects, sacred objects or objects of cultural patrimony, then the Federal agency or museum, upon the request of the Indian tribe or Native Hawaiian organization and pursuant to subsections (b), (c) and (e) of this section, shall expeditiously return such objects. (3) The return of cultural items covered by this Act shall be in consultation with the requesting lineal descendant or tribe or organization to determine the place and manner of delivery of such items. (4) Where cultural affiliation of Native American human remains and funerary objects has not been established in an inventory prepared pursuant to section 5, or the summary pursuant to section 6, or where Native American human remains and funerary objects are not included upon any such inventory, then, upon request and pursuant to subsections (b) and (e) and, in the case of unassociated funerary objects, subsection (c), such Native American human remains and funerary objects shall be expeditiously returned where the requesting Indian tribe or Native 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. (5) Upon request and pursuant to subsections (b), (c) and (e), sacred objects and objects of cultural patrimony shall be expeditiously returned where (A) the requesting party is the direct lineal descendant of an individual who owned the sacred object; (B) the requesting Indian tribe or Native Hawaiian organization can show that the object was owned or controlled by the tribe or organization; or (C) the requesting Indian tribe or Native Hawaiian organization can show that the sacred object was owned or controlled by a member thereof, provided that in the case where a sacred object was owned by a member thereof, there are no identifiable |