Native American Graves Protection and Repatriation Act: Hearing Before the Committee on Indian Affairs, United States Senate, One Hundred Sixth Congress, First Session, on Public Law 101-601, to Provide for the Protection of Native American Graves, April 20, 1999, Washington, DC.U.S. Government Printing Office, 1999 - 218 pages |
From inside the book
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Page 14
... application of any State or Federal law pertain- ing to theft or stolen property . SEC . 12. SPECIAL RELATIONSHIP BETWEEN FEDERAL GOVERNMENT AND INDIAN TRIBES . This Act reflects the unique relationship between the Federal Government ...
... application of any State or Federal law pertain- ing to theft or stolen property . SEC . 12. SPECIAL RELATIONSHIP BETWEEN FEDERAL GOVERNMENT AND INDIAN TRIBES . This Act reflects the unique relationship between the Federal Government ...
Page 55
... legislation since the Bill of Rights . NAGPRA is consistent with , and incorporates within , " otherwise applicable property law " ( 25 USC 3001 sec . 13 ) . To further the understanding and application of the law we may draw upon 55.
... legislation since the Bill of Rights . NAGPRA is consistent with , and incorporates within , " otherwise applicable property law " ( 25 USC 3001 sec . 13 ) . To further the understanding and application of the law we may draw upon 55.
Page 56
... application of the law we may draw upon the wealth of established property rights principles . The NAGPRA protected categories are consistent with those types of items for which analogous protection has been assumed for non - Native ...
... application of the law we may draw upon the wealth of established property rights principles . The NAGPRA protected categories are consistent with those types of items for which analogous protection has been assumed for non - Native ...
Page 59
... 3. Also , some questions have developed in the application of the criminal law , 18 USC 1170 ( b ) , concerning the definition of " obtained . " Trafficking in protected items obtained in violation of the act is a criminal 59.
... 3. Also , some questions have developed in the application of the criminal law , 18 USC 1170 ( b ) , concerning the definition of " obtained . " Trafficking in protected items obtained in violation of the act is a criminal 59.
Page 118
... application that went beyond the scope of NAGPRA , we are compelled to voice our serious concern for the lack of balance in terms of Native American interests . These actions highlight the conflict of interest , and the imperative need ...
... application that went beyond the scope of NAGPRA , we are compelled to voice our serious concern for the lack of balance in terms of Native American interests . These actions highlight the conflict of interest , and the imperative need ...
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Common terms and phrases
aboriginal territories agencies and museums Alaska Native amendments American Graves Protection American human remains American Indians ancestors appropriate April 20 archaeological Archaeologist associated funerary objects Bishop Museum burial Chairman civil penalty claims Committee on Indian compliance Crazy Horse cultural affiliation cultural patrimony cultural resources culturally unidentifiable human Douglas County excavated Federal agency federal land funding HGDP implementation of NAGPRA Indian Affairs Indian tribe Interior inventory issue Kennewick Missouri River NAGPRA Review Committee National Park Service Native American Graves Native American groups Native American human Native Hawaiian organization Nebraska objects of cultural Protection and Repatriation pursuant reburial recommendations regulations remains and associated remains and funerary Repatriation Act request Reservation sacred objects Secretary Senator INOUYE shared group identity Sioux Tribe Smithsonian Institution Sotheby's South Dakota testimony Three Affiliated Tribes tribal tribe or Native unassociated unidentifiable human remains Washington College
Popular passages
Page 93 - No member of or delegate to Congress or resident commissioner, shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this Agreement if made with a corporation for its general benefit.
Page 64 - In case of contumacy or refusal to obey a subpena served upon any person under this subsection, the district court of the United States for any district in which such person is found or resides or...
Page 5 - 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 5 - 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 6 - ... (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 7 - 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 13 - ... who violates, any provision of any other regulation issued under this Act may be assessed a civil penalty by the Secretary of not...
Page 64 - Upon any failure to pay a penalty assessed under this subsection, the Secretary may request the Attorney General to institute a civil action In a district court of the United States for any district In which such person Is found, resides, or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action.
Page 13 - Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States.
Page 64 - ... civil penalty may file a petition for judicial review of such order with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which such person resides or transacts business. Such a petition may only be filed within the 30-day period beginning on the date the order making such assessment was issued.