Native American Graves Protection and Repatriation Act

Summary

Native American Grave Protection and Repatriation Act - Prohibits the purchase, sale, use for profit, or transport for sale or profit of Native American human remains, funerary or sacred objects, or objects of inalienable communal property obtained without the voluntary consent of the next of kin or the governing body of the appropriate culturally affiliated Indian tribe or Native Hawaiian organization, or the individual or group with authority to alienate such objects. Prescribes penalties for violations. Directs Federal agencies and museums with possession or control over holdings or collections of such items to inventory such items, identify their geographic and cultural affiliation, and notify the affected Indian tribes or Native Hawaiian organization. Provides that if the cultural affiliation with a particular Indian tribe or Native Hawaiian organization is established, the entity with possession or control over such items, upon request, shall expedite the return of such items unless they are needed to complete a specific scientific study in which case the items shall be returned after the completion of the study. Provides that when such a request is made, the burden shall be upon the appropriate entity to prove by a preponderance of the evidence their right to possess such items. Provides that if such burden has not been satisfied, the burden to prove rightful possession shall then be upon the descendants or the tribe or organization. Requires such entities to share their information on items in question with the appropriate parties to assist in satisfying the burden of proof. Makes museums failing to comply with such provisions ineligible for Federal grants during the period of noncompliance. Directs the Secretary of the Interior to establish a committee to: (1) monitor and review the implementation of such inventory and identification process and repatriation activities; (2) arbitrate disputes relating to the return of remains and objects; (3) consult with Indian tribes and Native Hawaiian organizations on matters within the scope of the work of the committee; (4) review findings relating to cultural affiliation and return of such remains and objects upon the request of affected parties; and (5) compile an inventory of unidentifiable human remains in the possession or control of Federal agencies and museums and recommend specific actions for developing a process for their disposition. Authorizes the Secretary to make grants to: (1) assist Indian tribes and Native Hawaiian organizations in the repatriation of such items; and (2) assist museums in conducting such inventories and indentification. Sets forth guidelines for determining claims of ownership of such items excavated or discovered on Federal or tribal lands after the enactment of this Act. Provides that such items may only be excavated or removed from such lands: (1) pursuant to a permit issued under the Archaeological Resources Protection Act; and (2) after notice to, and with the consent of, the appropriate tribe or organization. Provides that the ownership and right of control of the disposition of such items shall be as provided by this Act, notwithstanding any other provision of law. Requires any person who knowingly discovers Native American human remains, funerary or sacred objects, or objects of inalienable communal property on Federal or tribal lands to notify the Federal entity authorized to manage such lands and the appropriate Indian tribe or Native Hawaiian organization. Requires such person, if the discovery occurred in connection with an activity, to cease the activity in the area of discovery, make a reasonable effort to protect such items, and provide notice to the tribe or organization. Permits the activity to resume after a reasonable amount of time following such notification. Authorizes appropriations.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 10 July 1990

   Introduced

   Referred to the House Committee on Interior and Insular Affairs.

   Source: IntroReferral

2. 10 July 1990

   Introduced

   Introduced in House

   Source: IntroReferral

3. 10 July 1990

   Introduced

   Introduced in House

   Source: IntroReferral

4. 17 July 1990

   Committee

   Committee Hearings Held.

   Source: Committee

5. 31 August 1990

   Committee

   Executive Comment Received from Army Corps of Engineers.

   Source: Committee

6. 17 September 1990

   Committee

   Executive Comment Received from Justice.

   Source: Committee

7. 2 October 1990

   Committee

   Executive Comment Received from Interior.

   Source: Committee

8. 10 October 1990

   Committee

   Committee Consideration and Mark-up Session Held.

   Source: Committee

9. 10 October 1990

   Reported

   Ordered to be Reported (Amended).

   Source: Committee

10. 15 October 1990

    Calendars

    Placed on the Union Calendar, Calendar No. 543.

    Source: Calendars

11. 15 October 1990

    Reported

    Reported (Amended) by the Committee on Interior and Insular Affairs. H. Rept. 101-877.

    Source: Committee

12. 15 October 1990

    Reported

    Reported (Amended) by the Committee on Interior and Insular Affairs. H. Rept. 101-877.

    Source: Committee

13. 22 October 1990

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: Floor

14. 22 October 1990

    Introduced

    Received in the Senate, read twice.

    Source: IntroReferral

15. 22 October 1990

    Passed

    On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

    Source: Floor

16. 22 October 1990

    Passed

    Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

    Source: Floor

17. 22 October 1990

    Floor

    DEBATE - The House proceeded with forty minutes of debate.

    Source: Floor

18. 22 October 1990

    Passed

    On ordering a second Agreed to without objection.

    Source: Floor

19. 22 October 1990

    Floor

    Considered under suspension of the rules.

    Source: Floor

20. 22 October 1990

    Floor

    Mr. Rhodes demanded a second on the motion to suspend the rules.

    Source: Floor

21. 22 October 1990

    Floor

    Mr. Campbell (CO) moved to suspend the rules and pass the bill, as amended.

    Source: Floor

22. 25 October 1990

    Floor

    Measure laid before Senate by unanimous consent.

    Source: Floor

23. 25 October 1990

    Passed

    Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.

    Source: Floor

24. 26 October 1990

    Floor

    Measure laid before Senate by unanimous consent.

    Source: Floor

25. 26 October 1990

    Passed

    Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.

    Source: Floor

26. 27 October 1990

    Floor

    Message on Senate action sent to the House.

    Source: Floor

27. 27 October 1990

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: ResolvingDifferences

28. 27 October 1990

    Passed

    Resolving differences -- House actions: On motion that the House agree to the Senate amendments Agreed to without objection.

    Source: NotUsed

29. 27 October 1990

    ResolvingDifferences

    Mr. Richardson asked unanimous consent that the House agree to the Senate amendments.

    Source: ResolvingDifferences

30. 27 October 1990

    Passed

    On motion that the House agree to the Senate amendments Agreed to without objection.

    Source: ResolvingDifferences

31. 9 November 1990

    President

    Presented to President.

    Source: President

32. 9 November 1990

    Floor

    Presented to President.

    Source: Floor

33. 9 November 1990

    Floor

    Measure Signed in Senate.

    Source: Floor

34. 16 November 1990

    Became law

    Became Public Law No: 101-601.

    Source: President

35. 16 November 1990

    Became law

    Signed by President.

    Source: BecameLaw

36. 16 November 1990

    President

    Signed by President.

    Source: President

Votes

No vote records are attached yet.

Versions

• Engrossed Amendment Senate · undated · Official file
• Engrossed in House · undated · Official file
• Enrolled Bill · undated · Official file
• Introduced in House · undated · Official file
• Reported in House · undated · Official file

Documents

8 official files

• Reported in House (text)

  Reported in House · EN

  ViewDownloadOpen at official source

• Introduced in House (text)

  Introduced in House · EN

  ViewDownloadOpen at official source

• Enrolled Bill (text)

  Enrolled Bill · EN

  ViewDownloadOpen at official source

• Engrossed in House (text)

  Engrossed in House · EN

  ViewDownloadOpen at official source

• Engrossed Amendment Senate (text)

  Engrossed Amendment Senate · EN

  ViewDownloadOpen at official source

• Public Law (PDF)

  Public Law · EN · 17 November 1990

  ViewDownloadOpen at official source

• Passed Senate amended

  summary · EN · 26 October 1990

  Open at official source

• Introduced in House

  summary · EN · 10 July 1990

  Open at official source

Sponsors

• Rep. Udall, Morris K. [D-AZ-2] · D · Sponsor
• Rep. Campbell, Ben Nighthorse [D-CO-3] · D · Cosponsor
• Rep. Williams, Pat [D-MT-1] · D · Cosponsor
• Rep. Scheuer, James H. [D-NY-11] · D · Cosponsor
• · hsii00 · Standing

Related records

• related to → Native American Burial Site Preservation Act of 1989
• related to → Native American Grave and Burial Protection Act