Page 6 - nagpra1990

§ 3007 TITLE 25—INDIANS Page 772
(A) the identity or cultural affiliation of the 120-day period beginning on the day the Sec-
cultural items, or retary certifies, in a report submitted to Con-
(B) the return of such items; gress, that the work of the committee has been
completed.
(4) facilitating the resolution of any disputes
among Indian tribes, Native Hawaiian organi- (Pub. L. 101–601, § 8, Nov. 16, 1990, 104 Stat. 3055.)
zations, or lineal descendants and Federal REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY
agencies or museums relating to the return of RATES
such items including convening the parties to
the dispute if deemed desirable; References in laws to the rates of pay for GS–16, 17,
(5) compiling an inventory of culturally un- or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
identifiable human remains that are in the under specified sections of Title 5, Government Organi-
possession or control of each Federal agency zation and Employees, see section 529 [title I, § 101(c)(1)]
and museum and recommending specific ac- of Pub. L. 101–509, set out in a note under section 5376
tions for developing a process for disposition of Title 5.
of such remains;
(6) consulting with Indian tribes and Native § 3007. Penalty
Hawaiian organizations and museums on mat- (a) Penalty
ters within the scope of the work of the com- Any museum that fails to comply with the re-
mittee affecting such tribes or organizations; quirements of this chapter may be assessed a
(7) consulting with the Secretary in the de- civil penalty by the Secretary of the Interior
velopment of regulations to carry out this pursuant to procedures established by the Sec-
chapter; retary through regulation. A penalty assessed
(8) performing such other related functions under this subsection shall be determined on the
as the Secretary may assign to the committee; record after opportunity for an agency hearing.
and Each violation under this subsection shall be a
(9) making recommendations, if appropriate, separate offense.
regarding future care of cultural items which
are to be repatriated. (b) Amount of penalty
(d) Admissibility of records and findings The amount of a penalty assessed under sub-
section (a) of this section shall be determined
Any records and findings made by the review under regulations promulgated pursuant to this
committee pursuant to this chapter relating to chapter, taking into account, in addition to
the identity or cultural affiliation of any cul- other factors—
tural items and the return of such items may be (1) the archaeological, historical, or com-
admissible in any action brought under section mercial value of the item involved;
3013 of this title. (2) the damages suffered, both economic and
1
(e) Recommendations and report noneconomic, by an aggrieved party, and
The committee shall make the recommenda- (3) the number of violations that have oc-
tions under paragraph 2 (c)(5) in consultation curred.
with Indian tribes and Native Hawaiian organi- (c) Actions to recover penalties
zations and appropriate scientific and museum If any museum fails to pay an assessment of a
groups. civil penalty pursuant to a final order of the
(f) Access Secretary that has been issued under subsection
(a) of this section and not appealed or after a
The Secretary shall ensure that the commit- final judgment has been rendered on appeal of
tee established under subsection (a) of this sec- such order, the Attorney General may institute
tion and the members of the committee have a civil action in an appropriate district court of
reasonable access to Native American cultural the United States to collect the penalty. In such
items under review and to associated scientific action, the validity and amount of such penalty
and historical documents.
shall not be subject to review.
(g) Duties of Secretary (d) Subpoenas
The Secretary shall— In hearings held pursuant to subsection (a) of
(1) establish such rules and regulations for this section, subpoenas may be issued for the at-
the committee as may be necessary, and tendance and testimony of witnesses and the
(2) provide reasonable administrative and production of relevant papers, books, and docu-
staff support necessary for the deliberations of ments. Witnesses so summoned shall be paid the
the committee.
same fees and mileage that are paid to witnesses
(h) Annual report in the courts of the United States.
The committee established under subsection (Pub. L. 101–601, § 9, Nov. 16, 1990, 104 Stat. 3057.)
(a) of this section shall submit an annual report
to the Congress on the progress made, and any § 3008. Grants
barriers encountered, in implementing this sec- (a) Indian tribes and Native Hawaiian organiza-
tion during the previous year. tions
(i) Termination The Secretary is authorized to make grants to
The committee established under subsection Indian tribes and Native Hawaiian organizations
(a) of this section shall terminate at the end of for the purpose of assisting such tribes and orga-

2 So in original. Probably should be ‘‘subsection’’. 1 So in original. The comma probably should be a semicolon.