Subsection (b) provides that the ownership of any item covered under this Act which is not claimed under subsection (a) will be determined by regulations established by the Secretary of Interior after consultation with the review committee established in section 8 of this Act, Native American groups, representatives of museums and the scientific community.
Subsection (c) provides that items covered by this Act can be excavated from Federal or tribal lands if proof exists that a permit has been acquired in accordance with section 4 of the Archaeological Resources Protection Act, that the appropriate tribe or Native Hawaiian organization has been consulted or (in the case of tribal land) consents to the excavation, and if it is agreed that the right of control of any item covered by this Act which is unearthed will be determined in accordance with subsection (a) and (b).
Subsection (d) provides that anyone who discovers any item covered by this Act accidentally, or by an otherwise unrelated activity, on Federal or tribal land shall notify the head of the Federal entity having primary jurisdiction over the land in question and any appropriate tribe or Native Hawaiian organization if known or easily ascertainable. If the item was discovered during an activity such as logging, mining, or construction, the activity must stop and a reasonable effort must be made to protect the item before resuming the activity. This subsection further provides that, if the Federal land managers involved agree, the Secretary of Interior can be delegated the responsibility of such managers with respect to this Act.
Subsection (e) provides that nothing in this section will prevent the governing body of any tribe or Native Hawaiian organization from giving up their rights to any Native American human remains, funerary object or sacred object.
Subsection (b) of the new section provides any person who similarly deals in Native American cultural items in violation of the Native American Grave Protection and Repatriation Act shall be liable to fines and prison terms similar to those provided in subsection (a). Subsection (b) of section 4 of the bill amends chapter 53 to add the new section title, "Illegal Trafficking in Native American Human Remains and Cultural Items" to the chapter table of contents.
Subsection (b) provides that the inventory in subsection (a) shall be completed, after consultation with tribal and Native Hawaiian organizational officials and traditional religious leaders within 5 years and shall be made available to the review committee established in section 8. This subsection also uses and defines the term "documentation".
Subsection (c) provides for an extension of time for the inventory deadline if good faith can be shown by a museum.
Subsection (d) provides that, following completion of the inventory, all Federal agencies and museums shall notify the affected tribes or Native Hawaiian organizations of any determinations of cultural affiliation within 6 months. The notice shall include how each item was acquired, a list of the human remains and associated funerary objects which are clearly identifiable, and a list of the tribal origin all items which cannot be positively identified, but, given all information available, can be identified by a reasonable belief. This subsection further stipulates that all notices be sent to the Secretary of the Interior and published in the Federal Register.
Subsection (e) provides a definition of the term "inventory" which is used in this section.
Subsection (b) provides that the summary be done in lieu of the item- by-item inventory of Section 5 and that it be followed by consultation with tribal and Native Hawaiian officials. The summary is to be completed within 3 years of the date of enactment of this Act.
Subsection (b) provides that, if an item covered in this Act is needed for a specific scientific study the outcome of which would be of major benefit to the United States, the item may be kept for the duration of the study and returned within 90 days of completion.
Subsection (c) provides that, if a request is made for the return of an unassociated funerary object, sacred object or object of cultural patrimony, the requesting tribe or organization must first make a showing that the Federal agency or museum does not have a right of possession to that item. If this showing is made, the burden shifts to the agency or museum to show that it does have a right of possession to the object.
Subsection (d) provides that the Federal agency or museum shall share its information with the requesting descendant, tribe or Native Hawaiian organization to assist in making a claim under this section.
Subsection (e) provides that, where there are legitimate competing claims for any cultural item, the Federal agency or museum can retain the item until the requesting parties or the courts decide which requesting party is the appropriate claimant.
Subsection (f) provides that any museum which repatriates items in good faith will not be liable for any claims because of that repatriation.
Subsection (b) provides that the committee shall have seven members, three of whom are to be from nominations submitted to the Secretary of Interior by tribes, Native Hawaiian organizations, and traditional Native American religious leaders with two of those being traditional religious leaders. Three are to be from nominations submitted to the Secretary by national museum organizations and scientific organizations and one who shall be appointed with the consent of the other six. It also provides that the members shall serve without pay but shall be eligible for reimbursement for expenses.
Subsection (c) provides for the responsibilities of the committee which shall be: to choose a chairperson; to monitor the inventory process; to review upon request any findings relating to the identification or return of any items covered by this Act; to facilitate the resolution of any disputes among or between tribes, Native Hawaiian organizations, lineal descendants, Federal agencies, or museums; to compile an inventory of unidentifiable human remains and recommend actions for their disposition; to consult with tribes and Native Hawaiian organizations on anything that affects them; to consult with the Secretary of the Interior in developing regulations to carry out this Act; and to make appropriate recommendations regarding the future care of cultural items to be repatriated.
Subsection (d) provides that the committee shall make its recommendations regarding unidentifiable human remains in consultation with tribes, Native Hawaiian organizations, and museum and scientific groups.
Subsection (e) provides that the Secretary of the Interior will ensure that committee members have reasonable access to the items under review and all relevant materials.
Subsection (f) provides that the Secretary of the Interior shall establish rules and provide staff for the committee.
Subsection (g) provides that the committee submit an annual report to Congress.
Subsection (h) provides for the termination of the committee following certification to Congress by the Secretary of the Interior that its work is finished.
Subsection (b) provides for grants to museums to assist in the inventory and summary requirements in this Act.