Text: H.R.5237 — 101st Congress (1989-1990)All Information (Except Text)

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--H.R.5237--
H.R.5237
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day
of January,
one thousand nine hundred and ninety
An Act
To provide for the protection of Native American graves, and for other
purposes.
 Be it enacted by the Senate and House of Representatives of the United
 States of America in Congress assembled,
SECTION 1. SHORT TITLE.
 This Act may be cited as the `Native American Graves Protection and
 Repatriation Act'.
SEC. 2. DEFINITIONS.
 For purposes of this Act, 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.
 (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.
 (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), 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
 7(c), result in a Fifth Amendment taking by the United States as determined
 by the United States Claims Court 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;
 (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.
SEC. 3. 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 the date of enactment of this Act 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 8, 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 4 of the Archaeological Resources Protection Act of 1979 (93
 Stat. 721; 16 U.S.C. 470aa et seq.) which shall be consistent with this Act;
 (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 the date
 of enactment of this Act 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, 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.
SEC. 4. ILLEGAL TRAFFICKING.
 (a) ILLEGAL TRAFFICKING- Chapter 53 of title 18, United States Code, is
 amended by adding at the end thereof the following new section:
`Sec. 1170. Illegal Trafficking in Native American Human Remains and
Cultural Items
 `(a) Whoever knowingly sells, purchases, uses for profit, or transports for
 sale or profit, the human remains of a Native American without the right
 of possession to those remains as provided in the Native American Graves
 Protection and Repatriation Act shall be fined in accordance with this
 title, or imprisoned not more than 12 months, or both, and in the case of
 a second or subsequent violation, be fined in accordance with this title,
 or imprisoned not more than 5 years, or both.
 `(b) Whoever knowingly sells, purchases, uses for profit, or transports for
 sale or profit any Native American cultural items obtained in violation of
 the Native American Grave Protection and Repatriation Act shall be fined
 in accordance with this title, imprisoned not more than one year, or both,
 and in the case of a second or subsequent violation, be fined in accordance
 with this title, imprisoned not more than 5 years, or both.'.
 (b) TABLE OF CONTENTS- The table of contents for chapter 53 of title 18,
 United States Code, is amended by adding at the end thereof the following
 new item:
`1170. Illegal Trafficking in Native American Human Remains and Cultural
Items.'.
SEC. 5. 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.
 (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 the date of
 enactment of this Act, and
 (C) made available both during the time they are being conducted and
 afterward to a review committee established under section 8.
 (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 Act 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.
SEC. 6. 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 the date of
 enactment of this Act.
 (2) Upon request, Indian Tribes 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.
SEC. 7. REPATRIATION.
 (a) REPATRIATION OF NATIVE AMERICAN HUMAN REMAINS AND OBJECTS POSSESSED OR
 CONTROLLED BY FEDERAL AGENCIES AND MUSEUMS- (1) If, pursuant to section 5,
 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 6, 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 Act 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
 5, or the summary pursuant to section 6, 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 Act.
 (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 Act 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 Act,
 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 Act or by a court of
 competent jurisdiction.
 (f) MUSEUM OBLIGATION- Any museum which repatriates any item in good faith
 pursuant to this Act shall not be liable for claims by an aggrieved party
 or for claims of breach of fiduciary duty, public trust, or violations of
 state law that are inconsistent with the provisions of this Act.
SEC. 8. REVIEW COMMITTEE.
 (a) ESTABLISHMENT- Within 120 days after the date of enactment of this
 Act, the Secretary shall establish a committee to monitor and review the
 implementation of the inventory and identification process and repatriation
 activities required under sections 5, 6 and 7.
 (b) MEMBERSHIP- (1) The Committee 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, United States Code.
 (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 5 and 6 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 Act;
 (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) Any records and findings made by the review committee pursuant to this
 Act 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 15 of this Act.
 (e) RECOMMENDATIONS AND REPORT- The committee shall make the recommendations
 under paragraph (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.
SEC. 9. PENALTY.
 (a) PENALTY- Any museum that fails to comply with the requirements of this
 Act 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 Act,
 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, 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.
SEC. 10. 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 5 and 6.
SEC. 11. SAVINGS PROVISIONS.
 Nothing in this Act 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 Act;
 (2) delay actions on repatriation requests that are pending on the date of
 enactment of this Act;
 (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.
SEC. 12. SPECIAL RELATIONSHIP BETWEEN FEDERAL GOVERNMENT AND INDIAN TRIBES.
 This Act 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.
SEC. 13. REGULATIONS.
 The Secretary shall promulgate regulations to carry out this Act within 12
 months of enactment.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
 There is authorized to be appropriated such sums as may be necessary to
 carry out this Act.
SEC. 15. ENFORCEMENT.
 The United States district courts shall have jurisdiction over any action
 brought by any person alleging a violation of this Act and shall have the
 authority to issue such orders as may be necessary to enforce the provisions
 of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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