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Page 771 TITLE 25—INDIANS § 3006
show cultural affiliation by a preponderance of resolved pursuant to the provisions of this chap-
the evidence based upon geographical, kinship, ter or by a court of competent jurisdiction.
biological, archaeological, anthropological, lin- (f) Museum obligation
guistic, folkloric, oral traditional, historical, or Any museum which repatriates any item in
other relevant information or expert opinion. good faith pursuant to this chapter shall not be
(5) Upon request and pursuant to subsections liable for claims by an aggrieved party or for
(b), (c) and (e) of this section, sacred objects and claims of breach of fiduciary duty, public trust,
objects of cultural patrimony shall be expedi- or violations of state law that are inconsistent
1
tiously returned where— with the provisions of this chapter.
(A) the requesting party is the direct lineal
descendant of an individual who owned the (Pub. L. 101–601, § 7, Nov. 16, 1990, 104 Stat. 3054.)
sacred object; § 3006. Review committee
(B) the requesting Indian tribe or Native Ha-
waiian organization can show that the object (a) Establishment
was owned or controlled by the tribe or orga- Within 120 days after November 16, 1990, the
nization; or Secretary shall establish a committee to mon-
(C) the requesting Indian tribe or Native Ha- itor and review the implementation of the in-
waiian organization can show that the sacred ventory and identification process and repatri-
object was owned or controlled by a member ation activities required under sections 3003,
thereof, provided that in the case where a 3004 and 3005 of this title.
sacred object was owned by a member thereof, (b) Membership
there are no identifiable lineal descendants of
said member or the lineal descendants, upon (1) The Committee 1 established under sub-
notice, have failed to make a claim for the ob- section (a) of this section shall be composed of
ject under this chapter. 7 members,
(A) 3 of whom shall be appointed by the Sec-
(b) Scientific study retary from nominations submitted by Indian
If the lineal descendant, Indian tribe, or Na- tribes, Native Hawaiian organizations, and
tive Hawaiian organization requests the return traditional Native American religious leaders
of culturally affiliated Native American cul- with at least 2 of such persons being tradi-
tural items, the Federal agency or museum shall tional Indian religious leaders;
expeditiously return such items unless such (B) 3 of whom shall be appointed by the Sec-
items are indispensable for completion of a spe- retary from nominations submitted by na-
cific scientific study, the outcome of which tional museum organizations and scientific or-
would be of major benefit to the United States. ganizations; and
Such items shall be returned by no later than 90 (C) 1 who shall be appointed by the Sec-
days after the date on which the scientific study retary from a list of persons developed and
is completed. consented to by all of the members appointed
(c) Standard of repatriation pursuant to subparagraphs (A) and (B).
If a known lineal descendant or an Indian (2) The Secretary may not appoint Federal of-
tribe or Native Hawaiian organization requests ficers or employees to the committee.
the return of Native American unassociated fu- (3) In the event vacancies shall occur, such va-
nerary objects, sacred objects or objects of cul- cancies shall be filled by the Secretary in the
tural patrimony pursuant to this chapter and same manner as the original appointment with-
presents evidence which, if standing alone before in 90 days of the occurrence of such vacancy.
the introduction of evidence to the contrary, (4) Members of the committee established
would support a finding that the Federal agency under subsection (a) of this section shall serve
or museum did not have the right of possession, without pay, but shall be reimbursed at a rate
then such agency or museum shall return such equal to the daily rate for GS–18 of the General
objects unless it can overcome such inference Schedule for each day (including travel time) for
and prove that it has a right of possession to the which the member is actually engaged in com-
objects. mittee business. Each member shall receive
travel expenses, including per diem in lieu of
(d) Sharing of information by Federal agencies subsistence, in accordance with sections 5702
and museums
and 5703 of title 5.
Any Federal agency or museum shall share (c) Responsibilities
what information it does possess regarding the
object in question with the known lineal de- The committee established under subsection
scendant, Indian tribe, or Native Hawaiian orga- (a) of this section shall be responsible for—
nization to assist in making a claim under this (1) designating one of the members of the
section. committee as chairman;
(2) monitoring the inventory and identifica-
(e) Competing claims tion process conducted under sections 3003 and
Where there are multiple requests for repatri- 3004 of this title to ensure a fair, objective
ation of any cultural item and, after complying consideration and assessment of all available
with the requirements of this chapter, the Fed- relevant information and evidence;
eral agency or museum cannot clearly deter- (3) upon the request of any affected party,
mine which requesting party is the most appro- reviewing and making findings related to—
priate claimant, the agency or museum may re-
tain such item until the requesting parties agree 1 So in original. Probably should be capitalized.
upon its disposition or the dispute is otherwise 1 So in original. Probably should not be capitalized.