Native American Grave Protection and Repatriation Act

Summary

Native American Repatriation of Cultural Patrimony Act - Directs Federal agencies and museums with possession or control over holdings or collections of Native American sacred objects or items of Native American group or cultural patrimony, including human remains and funerary objects, to inventory such remains and objects and investigate their geographical and tribal origins by March 31, 1992. Provides that such identification shall be based upon the best available scientific and historical documentation. Provides that if the identification process establishes by a preponderance of the evidence the Indian tribal or Native Hawaiian origin of any such objects, the agency shall notify the affected Indian tribe or Native Hawaiian organization by June 30, 1992. Provides that if a preponderance of the evidence establishes that such remains are of a particular Indian, or an individual culturally affiliated with a particular Indian tribe or believed to be a Native Hawaiian, or that such items or objects not associated with any human remains were removed from a specific burial site of such an individual, the agency, upon the request of the descendants of such Indian, Indian tribe, or Native Hawaiian or Native Hawaiian organization, shall expedite the return of such remains and funerary objects. Directs the Secretary of the Interior to establish a committee to: (1) monitor and review the implementation of such inventory and identification process and restoration activities; (2) arbitrate disputes between Indian tribes relating to the return of remains and objects; and (3) consult with Native Hawaiian organizations on matters within the scope of the work of the committee affecting Native Hawaiians. Directs the committee to report annually to the Congress on the implementation of this Act. Terminates the committee after its work has been completed. Authorizes the Secretary to make grants to: (1) Indian tribes and Native Hawaiian organizations to assist them in reaching and implementing agreements with Federal agencies, and non-Federal entities, for the repatriation of such remains, items, or objects; and (2) museums to assist them in conducting such inventories and investigations. Authorizes appropriations. Provides that if a Native American group or group member asserts an interest in any remains or objects which have been excavated pursuant to a permit issued by any Federal agency, the agency head that issued the permit shall repatriate the remains and objects, upon request, notwithstanding any permit or other provision of law. Prohibits remains and objects from: (1) being considered archaeological resources except under provisions imposing civil or criminal penalties for the unauthorized excavation, removal, damage, or destruction of archaeological resources; and (2) being disturbed without the consent of the governing body or representatives of the Native American group that is culturally affiliated with the remains or objects.

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4 official files

• Reported to Senate (text)

  Reported to Senate · EN

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• Introduced in Senate (text)

  Introduced in Senate · EN

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• Reported to Senate with amendment(s)

  summary · EN · 26 September 1990

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• Introduced in Senate

  summary · EN · 21 November 1989

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