Native American Grave and Burial Protection Act

Summary

Native American Grave and Burial Protection Act - Prohibits the sale, use for profit, or interstate transport of Native American skeletal remains, grave goods, or sacred ceremonial objects without the written consent of the Native American's heirs or the governing body of the Indian tribe of which the Native American was a member. Prescribes penalties for violations. Provides that any such items which are excavated or discovered after the enactment of this Act shall be disposed of according to the wishes of the Native American's heirs or the governing body of the Indian tribe of which the Native American was a member. Deems any skeletal remains and grave goods of a Native American for whom the heirs cannot be ascertained and any sacred ceremonial objects found on Federal or tribal land to be owned by the tribe: (1) which has jurisdiction over the reservation on which such items were discovered; (2) which aboriginally occupied the land on which such items were discovered; (3) of which the Native American was a member or from which such grave goods or objects originated; or (4) which can show a cultural affiliation with such items. Requires Federal agencies which possess or control any such items to: (1) inventory such items and identify such items as to tribal origin; and (2) notify each tribe's governing body of the possession of such items. Directs tribes to decide which such items they agree to accept and to notify the appropriate Federal agency. Requires Federal agencies and museums receiving Federal funds to return items to the tribe unless such items: (1) were acquired with the consent of the tribe or the legitimate Native American owners; or (2) are indispensable for the completion of a specific scientific study. Requires that such items not returned to the tribe by reason of a scientific study be returned to the tribe within 90 days after the scientific study is completed. Makes ineligible for further Federal funding museums not in compliance with this Act.

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2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

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• Introduced in Senate

  summary · EN · 17 May 1989

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