legislation: 101-s-1980
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 101-s-1980 | 101 | s | 1980 | Native American Grave Protection and Repatriation Act | Native Americans | 1989-11-21 | 1990-09-26 | Placed on Senate Legislative Calendar under General Orders. Calendar No. 842. | Senate | Sen. Inouye, Daniel K. [D-HI] | HI | D | I000025 | 1 | Native American Grave Protection and Repatriation Act - Deems ownership, control, or right of possession of Native American human remains and funerary objects excavated or discovered on Federal or tribal lands after enactment of this Act to be in the Native American's lineal descendants. Provides that if lineal descendants cannot be ascertained for such items, and with respect to sacred and Native American cultural patrimony objects, such ownership, control, or right of possession shall be in: (1) the Indian tribe or Native Hawaiian organization on whose land the items were discovered; (2) the Indian tribe or Native Hawaiian organization which has the closest cultural affiliation with the items, and states a claim for them; or (3) if such items were discovered on Federal land and their cultural affiliation cannot be reasonably ascertained, the Indian tribe or Native Hawaiian organization which aboriginally occupied the area where the items were discovered and which states a claim. Requires disposal of such items in accordance with regulations promulgated by the Secretary of the Interior. Sets forth specified requirements for the excavation or removal of the items from Federal or tribal lands. Requires any person who discovers such items on Federal or tribal lands to notify the Secretary of the department, or the head of any Federal agency or instrumentality, having primary management authority with respect to the Federal lands and the appropriate Indian tribe or Native Hawaiian organization with respect to tribal lands, if known or readily ascertainable. Requires cessation of any activities within the discovery area and requires such person to: (1) make all reasonable efforts to protect the remains or objects discovered before resuming such activity; and (2) provide the appropriate notice under this Act. Allows the individual to resume such activity within 30 days after certification of receipt of such notice. Gives the appropriate tribe or Native Hawaiian organization the right to determine the disposition of such remains and objects. Permits delegation of the responsibilities under this Act (in whole or in part) of the Secretary of any Department (other than the Department of the Interior) or the head of any Federal agency with respect to any land managed by them to the Secretary of the Interior, if the latter consents. Amends Federal law to prescribe penalties for anyone who knowingly: (1) sells, purchases, uses for profit, or transports for sale or profit a Native American's human remains without the right of possession to them; or (2) sells, purchases, uses for profit, or transports for sale or profit any Native American funerary, sacred, or cultural patrimony object obtained in violation of this Act. Directs the Federal agencies and museums with possession or control over holdings or collections of Native American human remains, funerary objects, sacred objects, or objects of Native American cultural patrimony, to inventory such remains and objects, and identify their geographic and cultural affiliation. Prescribes guidelines to carry out such inventory and identification process. Requires the appropriate Federal agency or museum to notify, within six months after completion of the inventory, the affected Indian tribes or Native Hawaiian organizations if their cultural affiliation with any particular Native American human remains, funerary object, sacred object, or an object of Native American cultural patrimony is determined. Requires publication of such notice in the Federal Register. Requires return of such items to the Indian tribe, Native Hawaiian organization, or Native American's known lineal descendant, upon request, if it is established that: (1) such items are of a particular Indian tribe or Native Hawaiian organization; (2) they were removed from a specific burial site of an individual; or (3) they are culturally affiliated with a particular Indian tribe or Native Hawaiian organization. Provides that if such remains or objects are indispensable for the completion of a specific scientific study, the Federal agency shall return them within 90 days after completion of such study. Requires a museum to prove by a preponderance of the evidence that it has a right of possession to any remains or objects it possesses or controls once their cultural affiliation is established and a qualified claimant requests return. Requires such return if the museum fails to prove its case. Makes ineligible for further Federal funding museums that do not comply with this Act. Requires the Secretary of the Interior to establish a committee to: (1) monitor and review the implementation of the inventory and identification process and repatriation activities; and (2) report annually to the Congress on the implementation of this Act. Terminates the committee after its work has been completed. Authorizes the Secretary to make grants to: (1) Indian tribes and Native Hawaiian organizations to assist them in the repatriation of such Native American items; and (2) museums to assist them in the inventory and identification process. Authorizes appropriations. | 2025-06-20T19:33:16Z |