214. Native American Graves Protection and Repatriation Act, November 16, 1990
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332 wildlife, fisheries, recreation, aesthetic , cultural and other traditional values . . . . sec. 309. secretarial recognition of tribal laws. Subject to the Secretary’s responsibilities as reflected in sections 302(2) and 303(1) and unless otherwise prohibited by Federal statutory law, the Secretary shall comply with tribal laws pertaining to Indian forest lands, including laws regulating the environment or historic or cultural preservation, and shall cooperate with the enforcement of such laws on Indian forest lands. Such cooperation shall include— (1) assistance in the enforcement of such laws; (2) provision of notice of such laws to persons or entities undertaking activities on Indian forest lands; and (3) upon the request of an Indian tribe, the appearance in tribal forums. . . . sec. 321. trust responsibility. Nothing in this title shall be construed to diminish or expand the trust responsibility of the United States toward Indian forest lands, or any legal obligation or remedy resulting therefrom. . . . [U.S. Statutes at Large, 104:4532–33, 4535–36, 4538, 4544.] 214. Native American Graves Protection and Repatriation Act November 16, 1990 A very sensitive issue is the possession of Indian human remains and related funerary objects by museums or other agencies. This legislation provided for the identification of such remains and objects and their repatriation to appropriate individuals or tribes. The law applied to federal agencies and to state or local agencies that received federal funds. But it excluded the Smithsonian Institution. (See Document 209.) An Act to provide for the protection of Native American graves, and for other purposes. . . . . 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 333 (1), in the Indian tribe that has the strongest demonstrated relationship , if upon notice, such tribe states a claim for such remains or objects. . . . (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 . . . 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. . . . 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: “§ 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...