H.R.2893 - To amend the Native American Graves Protection and Repatriation Act to provide for appropriate study and repatriation of remains for which a cultural affiliation is not readily ascertainable.105th Congress (1997-1998)
Summary: H.R.2893 — 105th Congress (1997-1998)All Bill Information (Except Text)
Introduced in House (11/07/1997)
Amends the Native American Graves Protection and Repatriation Act to repeal a provision regarding the granting of ownership or control of Native American cultural items which are excavated or discovered on Federal or tribal lands after November 16, 1990, and for which a cultural affiliation is not readily ascertainable.
Directs that such items: (1) be reasonably recorded according to generally accepted scientific standards; (2) remain under the control of the agency having primary management authority for the land on which the item was excavated or discovered until 90 days after the publication in the Federal Register of a notice setting out a general description of the item, its estimated age, and the general area of discovery; and (3) be subject to the following study provisions.
Revises study and recording provisions to provide that, in cases of human remains and associated funerary objects for which no lineal descendants have been identified and in cases of other cultural items, if the cultural affiliation of a cultural item has: (1) not been established, studies may be conducted in an attempt to establish such an affiliation or to obtain scientific, historical, or cultural information; and (2) been established with an Indian tribe or Native Hawaiian organization, studies of such item may be conducted if needed for the completion of a specific study, the outcome of which is reasonably expected to provide significant new information concerning the history or prehistory of the United States. Requires the Federal agency or museum with custody of the cultural item to: (1) return an item to the affiliated tribe or organization, upon request, within 90 days after the study is completed; and (2) provide a report of the results to such tribe or organization within 180 days after the study is completed. Provides that if a study of a specified cultural item is requested, the Federal agency or museum with custody of such item must make such item reasonably available for such study unless the Secretary determines that the agency or museum has presented clear and convincing evidence that the potential scientific benefit of the requested study is substantially outweighed by curatorial, cultural, or other reasonable considerations.