25 U.s.c. 3001-3013

25 USC Ch. 32: NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION
From Title 25—INDIANS

CHAPTER 32—NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION
Sec.

3001.
3002.
3003.
3004.
3005.
3006.
3007.
3008.
3009.
3010.
3011.
3012.
3013.

Definitions.
Ownership.
Inventory for human remains and associated funerary objects.
Summary for unassociated funerary objects, sacred objects, and cultural patrimony.
Repatriation.
Review committee.
Penalty.
Grants.
Savings provision.
Special relationship between Federal Government and Indian tribes and Native Hawaiian
organizations.
Regulations.
Authorization of appropriations.
Enforcement.

§3001. Definitions
For purposes of this chapter, the term—
(1) "burial site" means any natural or prepared physical location, whether originally below, on, or above the surface
of the earth, into which as a part of the death rite or ceremony of a culture, individual human remains are deposited.
(2) "cultural affiliation" means that there is a relationship of shared group identity which can be reasonably traced
historically or prehistorically between a present day Indian tribe or Native Hawaiian organization and an identifiable
earlier group.
(3) "cultural items" means human remains and—
(A) "associated funerary objects" which shall mean objects that, as a part of the death rite or ceremony of a
culture, are reasonably believed to have been placed with individual human remains either at the time of death or
later, and both the human remains and associated funerary objects are presently in the possession or control of a
Federal agency or museum, except that other items exclusively made for burial purposes or to contain human
remains shall be considered as associated funerary objects.1
(B) "unassociated funerary objects" which shall mean objects that, as a part of the death rite or ceremony of a
culture, are reasonably believed to have been placed with individual human remains either at the time of death or
later, where the remains are not in the possession or control of the Federal agency or museum and the objects
can be identified by a preponderance of the evidence as related to specific individuals or families or to known
human remains or, by a preponderance of the evidence, as having been removed from a specific burial site of an
individual culturally affiliated with a particular Indian tribe,
(C) "sacred objects" which shall mean specific ceremonial objects which are needed by traditional Native
American religious leaders for the practice of traditional Native American religions by their present day adherents,
and
(D) "cultural patrimony" which shall mean an object having ongoing historical, traditional, or cultural importance
central to the Native American group or culture itself, rather than property owned by an individual Native
American, and which, therefore, cannot be alienated, appropriated, or conveyed by any individual regardless of
whether or not the individual is a member of the Indian tribe or Native Hawaiian organization and such object shall
have been considered inalienable by such Native American group at the time the object was separated from such
group.
(4) "Federal agency" means any department, agency, or instrumentality of the United States. Such term does not
include the Smithsonian Institution.
(5) "Federal lands" means any land other than tribal lands which are controlled or owned by the United States,
including lands selected by but not yet conveyed to Alaska Native Corporations and groups organized pursuant to
the Alaska Native Claims Settlement Act of 1971 [43 U.S.C. 1601 et seq.].
(6) "Hui Malama I Na Kupuna O Hawai'i Nei" means the nonprofit, Native Hawaiian organization incorporated
under the laws of the State of Hawaii by that name on April 17, 1989, for the purpose of providing guidance and

expertise in decisions dealing with Native Hawaiian cultural issues, particularly burial issues.
(7) "Indian tribe" means any tribe, band, nation, or other organized group or community of Indians, including any
Alaska Native village (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act [43 U.S.C.
1601 et seq.]), which is recognized as eligible for the special programs and services provided by the United States to
Indians because of their status as Indians.
(8) "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.
(10) "Native Hawaiian" means any individual who is a descendant of the aboriginal people who, prior to 1778,
occupied and exercised sovereignty in the area that now constitutes the State of Hawaii.
(11) "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 expertise in Native Hawaiian Affairs, and
shall include the Office of Hawaiian Affairs and Hui Malama I Na Kupuna O Hawai'i Nei.
(12) "Office of Hawaiian Affairs" means the Office of Hawaiian Affairs established by the constitution of the State of
Hawaii.
(13) "right of possession" means possession obtained with the voluntary consent of an individual or group that had
authority of alienation. The original acquisition of a Native American unassociated funerary object, sacred object or
object of cultural patrimony from an Indian tribe or Native Hawaiian organization with the voluntary consent of an
individual or group with authority to alienate such object is deemed to give right of possession of that object, unless
the phrase so defined would, as applied in section 3005(c) of this title, result in a Fifth Amendment taking by the
United States as determined by the United States Court of Federal Claims pursuant to 28 U.S.C. 1491 in which
event the "right of possession" shall be as provided under otherwise applicable property law. The original acquisition
of Native American human remains and associated funerary objects which were excavated, exhumed, or otherwise
obtained with full knowledge and consent of the next of kin or the official governing body of the appropriate culturally
affiliated Indian tribe or Native Hawaiian organization is deemed to give right of possession to those remains.
(14) "Secretary" means the Secretary of the Interior.
(15) "tribal land" means—
(A) all lands within the exterior boundaries of any Indian reservation;
(B) all dependent Indian communities; 2
(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.
(Pub. L. 101–601, §2, Nov. 16, 1990, 104 Stat. 3048; Pub. L. 102–572, title IX, §902(b)(1), Oct. 29, 1992, 106 Stat.
4516.)

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This chapter, referred to in text, 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 Repatriation Act, which is classified

principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out
below and Tables.
The Alaska Native Claims Settlement Act of 1971, referred to in par. (5), probably means the Alaska
Native Claims Settlement Act. See note below.
The Alaska Native Claims Settlement Act, referred to in par. (7), is Pub. L. 92–203, Dec. 18, 1971, 85
Stat. 688, as amended, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands.
For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43
and Tables.
The Hawaiian Homes Commission Act, 1920, referred to in par. (15)(C), is act July 9, 1921, ch. 42, 42
Stat. 108, as amended, which was classified generally to sections 691 to 718 of Title 48, Territories and
Insular Possessions, and was omitted from the Code.
Section 4 of Public Law 86–3, referred to in par. (15)(C), is section 4 of Pub. L. 86–3, which is set out as a
note preceding section 491 of Title 48.

A
1992—Par. (13). Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States
Claims Court".

E

D

1992 A

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a
note under section 171 of Title 28, Judiciary and Judicial Procedure.

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Pub. L. 101–601, §1, Nov. 16, 1990, 104 Stat. 3048, provided that: "This Act [enacting this chapter and
section 1170 of Title 18, Crimes and Criminal Procedure] may be cited as the 'Native American Graves

Protection and Repatriation Act'."

1 So in original. The period probably should be a comma.
2 So in original. Probably should be followed by "and".

§3002. 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 November 16, 1990, 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 remains
or objects.
(b) Unclaimed Native American human remains and objects
Native American cultural items not claimed under subsection (a) shall be disposed of in accordance with regulations
promulgated by the Secretary in consultation with the review committee established under section 3006 of this title,
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 470cc of title 16 which shall
be consistent with this chapter;
(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 November 16, 1990, 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 [43 U.S.C. 1601 et seq.], 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.
(Pub. L. 101–601, §3, Nov. 16, 1990, 104 Stat. 3050.)

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The Indian Claims Commission, referred to in subsec. (a)(2)(C), terminated Sept. 30, 1978. See
Codification note set out under former section 70 et seq. of this title.
The United States Court of Claims, referred to in subsec. (a)(2)(C), and the United States Court of
Customs and Patent Appeals were merged effective Oct. 1, 1982, into a new United States Court of
Appeals for the Federal Circuit by Pub. L. 97–164, Apr. 2, 1982, 96 Stat. 25, which also created a United
States Claims Court [now United States Court of Federal Claims] that inherited the trial jurisdiction of the
Court of Claims. See sections 48, 171 et seq., 791 et seq., and 1491 et seq. of Title 28, Judiciary and Judicial
Procedure.
This chapter, referred to in subsec. (c)(1), 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 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.
The Alaska Native Claims Settlement Act of 1971, referred to in subsec. (d)(1), probably means the
Alaska Native Claims Settlement Act, Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, and which
is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of
this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

§3003. Inventory for human remains and associated funerary objects
(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 shall 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.1
(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 November 16, 1990, and
(C) made available both during the time they are being conducted and afterward to a review committee
established under section 3006 of this title.
(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
chapter shall not be 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 (b)(1)(B). 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.
(Pub. L. 101–601, §5, Nov. 16, 1990, 104 Stat. 3052.)

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This chapter, referred to in subsec. (b)(2), 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 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.
1 So in original. Probably should be "items."

§3004. Summary for unassociated funerary objects, sacred objects, and cultural
patrimony
(a) In general
Each Federal agency or museum which has 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
(C) completed by not later than the date that is 3 years after November 16, 1990.
(2) Upon request, Indian Tribes 1 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.
(Pub. L. 101–601, §6, Nov. 16, 1990, 104 Stat. 3053.)
1 So in original. Probably should not be capitalized.

§3005. Repatriation
(a) Repatriation of Native American human remains and objects possessed or controlled by Federal agencies
and museums
(1) If, pursuant to section 3003 of this title, 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 3004 of this title, 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 chapter 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 3003 of this title, or the summary pursuant to section 3004 of this title, 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 lineal descendants of said member or the lineal descendants, upon notice, have failed to
make a claim for the object under this chapter.
(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 chapter 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 chapter, 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 chapter 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.)

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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 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.
1 So in original. Probably should be capitalized.

§3006. Review committee
(a) Establishment
Within 120 days after November 16, 1990, the Secretary shall establish a committee to monitor and review the
implementation of the inventory and identification process and repatriation activities required under sections 3003,
3004 and 3005 of this title.
(b) Membership
(1) The Committee 1 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).
(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.
(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 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 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 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 cultural items and the return of such items may be admissible in any action brought under section
3013 of this title.
(e) Recommendations and report
The committee shall make the recommendations under paragraph 2 (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
(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.
(Pub. L. 101–601, §8, Nov. 16, 1990, 104 Stat. 3055.)

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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 American 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.

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GS–16, 17,

18 P

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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 Organization 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.
1 So in original. Probably should not be capitalized.
2 So in original. Probably should be "subsection".

§3007. Penalty
(a) Penalty
Any museum that fails to comply with the requirements of this chapter 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 chapter, 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,1 and
(3) the number of violations that have occurred.
(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. Witnesses 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.)

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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 American 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.
1 So in original. The comma probably should be a semicolon.

§3008. 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 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—
(A) return or repatriate Native American cultural items to Indian tribes, Native Hawaiian organizations, or
individuals, and
(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 chapter;
(2) delay actions on repatriation requests that are pending on November 16, 1990;
(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.
(Pub. L. 101–601, §11, Nov. 16, 1990, 104 Stat. 3057.)

R

T

This chapter, referred to in text, 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 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.

§3010. Special relationship between Federal Government and Indian tribes and
Native Hawaiian organizations
This chapter reflects the unique relationship between the Federal Government and Indian tribes and Native
Hawaiian organizations and should not be construed to establish a precedent with respect to any other individual,
organization or foreign government.
(Pub. L. 101–601, §12, Nov. 16, 1990, 104 Stat. 3058.)

R

T

This chapter, referred to in text, 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 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.

§3011. Regulations
The Secretary shall promulgate regulations to carry out this chapter within 12 months of November 16, 1990.
(Pub. L. 101–601, §13, Nov. 16, 1990, 104 Stat. 3058.)

R

T

This chapter, referred to in text, 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 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.

§3012. Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out this chapter.
(Pub. L. 101–601, §14, Nov. 16, 1990, 104 Stat. 3058.)

R

T

This chapter, referred to in text, 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 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.

§3013. Enforcement
The United States district courts shall have jurisdiction over any action brought by any person alleging a violation of
this chapter and shall have the authority to issue such orders as may be necessary to enforce the provisions of this
chapter.
(Pub. L. 101–601, §15, Nov. 16, 1990, 104 Stat. 3058.)

R

T

This chapter, referred to in text, 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 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.