Native American Graves Protection and Repatriation
One Hundred First Congress
of the United States of America
AT THE SECOND SESSION
Public Law 101-601
Begun and held at the City of Washington
on Tuesday, the twenty-third day of January,
one thousand nine hundred and ninety
To provide for the protection
of Native American graves, and for other purposes.
Be it enacted by the Senate and
House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Native
American Graves Protection and Repatriation Act'.
SEC. 2. DEFINITIONS.
For purposes of this Act, the term--
(1) `burial site' means any natural
or prepared physical location, whether originally below, on, or above the
surface of the earth, into which as a part of the death rite or ceremony
of a culture, individual human remains are deposited.
(2) `cultural affiliation' means
that there is a relationship of shared group identity which can be reasonably
traced historically or prehistorically between a present day Indian tribe
or Native Hawaiian organization and an identifiable earlier group.
(3) `cultural items' means human
(A) `associated funerary objects'
which shall mean objects that, as a part of the death rite or ceremony
of a culture, are reasonably believed to have been placed with individual
human remains either at the time of death or later, and both the human
remains and associated funerary objects are presently in the possession
or control of a Federal agency or museum, except that other items exclusively
made for burial purposes or to contain human remains shall be considered
as associated funerary objects.
(B) `unassociated funerary objects'
which shall mean objects that, as a part of the death rite or ceremony
of a culture, are reasonably believed to have been placed with individual
human remains either at the time of death or later, where the remains are
not in the possession or control of the Federal agency or museum and the
objects can be identified by a preponderance of the evidence as related
to specific individuals or families or to known human remains or, by a
preponderance of the evidence, as having been removed from a specific burial
site of an individual culturally affiliated with a particular Indian tribe,
(C) `sacred objects' which shall
mean specific ceremonial objects which are needed by traditional Native
American religious leaders for the practice of traditional Native American
religions by their present day adherents, and
(D) `cultural patrimony' which shall
mean an object having ongoing historical, traditional, or cultural importance
central to the Native American group or culture itself, rather than property
owned by an individual Native American, and which, therefore, cannot be
alienated, appropriated, or conveyed by any individual regardless of whether
or not the individual is a member of the Indian tribe or Native Hawaiian
organization and such object shall have been considered inalienable by
such Native American group at the time the object was separated from such
(4) `Federal agency' means any department,
agency, or instrumentality of the United States. Such term does not include
the Smithsonian Institution.
(5) `Federal lands' means any land
other than tribal lands which are controlled or owned by the United States,
including lands selected by but not yet conveyed to Alaska Native Corporations
and groups organized pursuant to the Alaska Native Claims Settlement Act
(6) `Hui Malama I Na Kupuna O Hawai'i
Nei' means the nonprofit, Native Hawaiian organization incorporated under
the laws of the State of Hawaii by that name on April 17, 1989, for the
purpose of providing guidance and expertise in decisions dealing with Native
Hawaiian cultural issues, particularly burial issues.
(7) `Indian tribe' means any tribe,
band, nation, or other organized group or community of Indians, including
any Alaska Native village (as defined in, or established pursuant to, the
Alaska Native Claims Settlement Act), which is recognized as eligible for
the special programs and services provided by the United States to Indians
because of their status as Indians.
(8) `museum' means any institution
or State or local government agency (including any institution of higher
learning) that receives Federal funds and has possession of, or control
over, Native American cultural items. Such term does not include the Smithsonian
Institution or any other Federal agency.
(9) `Native American' means of,
or relating to, a tribe, people, or culture that is indigenous to the United
(10) `Native Hawaiian' means any
individual who is a descendant of the aboriginal people who, prior to 1778,
occupied and exercised sovereignty in the area that now constitutes the
State of Hawaii.
(11) `Native Hawaiian organization'
means any organization which--
(A) serves and represents the interests
of Native Hawaiians,
(B) has as a primary and stated
purpose the provision of services to Native Hawaiians, and
(C) has expertise in Native Hawaiian
shall include the Office of Hawaiian
Affairs and Hui Malama I Na Kupuna O Hawai'i Nei.
(12) `Office of Hawaiian Affairs'
means the Office of Hawaiian Affairs established by the constitution of
the State of Hawaii.
(13) `right of possession' means
possession obtained with the voluntary consent of an individual or group
that had authority of alienation. The original acquisition of a Native
American unassociated funerary object, sacred object or object of cultural
patrimony from an Indian tribe or Native Hawaiian organization with the
voluntary consent of an individual or group with authority to alienate
such object is deemed to give right of possession of that object, unless
the phrase so defined would, as applied in section 7(c), result in a Fifth
Amendment taking by the United States as determined by the United States
Claims Court pursuant to 28 U.S.C. 1491 in which event the `right of possession'
shall be as provided under otherwise applicable property law. The original
acquisition of Native American human remains and associated funerary objects
which were excavated, exhumed, or otherwise obtained with full knowledge
and consent of the next of kin or the official governing body of the appropriate
culturally affiliated Indian tribe or Native Hawaiian organization is deemed
to give right of possession to those remains.
(14) `Secretary' means the Secretary
of the Interior.
(15) `tribal land' means--
(A) all lands within the exterior
boundaries of any Indian reservation;
(B) all dependent Indian communities;
(C) any lands administered for the
benefit of Native Hawaiians pursuant to the Hawaiian Homes Commission Act,
1920, and section 4 of Public Law 86-3.
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
(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
(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 (1), in the Indian tribe that has the strongest demonstrated
relationship, if upon notice, such tribe states a claim for such remains
(b) UNCLAIMED NATIVE AMERICAN HUMAN
REMAINS AND OBJECTS- Native American cultural items not claimed under subsection
(a) shall be disposed of in accordance with regulations promulgated by
the Secretary in consultation with the review committee established under
section 8, Native American groups, representatives of museums and the scientific
(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
(1) such items are excavated or
removed pursuant to a permit issued under section 4 of the Archaeological
Resources Protection Act of 1979 (93 Stat. 721; 16 U.S.C. 470aa et seq.)
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.
(d) INADVERTENT DISCOVERY OF NATIVE
AMERICAN REMAINS AND OBJECTS- (1) Any person who knows, or has reason to
know, that such person has discovered Native American cultural items on
Federal or tribal lands after the date of enactment of this Act shall notify,
in writing, the Secretary of the Department, or head of any other agency
or instrumentality of the United States, having primary management authority
with respect to Federal lands and the appropriate Indian tribe or Native
Hawaiian organization with respect to tribal lands, if known or readily
ascertainable, and, in the case of lands that have been selected by an
Alaska Native Corporation or group organized pursuant to the Alaska Native
Claims Settlement Act of 1971, the appropriate corporation or group. If
the discovery occurred in connection with an activity, including (but not
limited to) construction, mining, logging, and agriculture, the person
shall cease the activity in the area of the discovery, make a reasonable
effort to protect the items discovered before resuming such activity, and
provide notice under this subsection. Following the notification under
this subsection, and upon certification by the Secretary of the department
or the head of any agency or instrumentality of the United States or the
appropriate Indian tribe or Native Hawaiian organization that notification
has been received, the activity may resume after 30 days of such certification.
(2) The disposition of and control
over any cultural items excavated or removed under this subsection shall
be determined as provided for in this section.
(3) If the Secretary of the Interior
consents, the responsibilities (in whole or in part) under paragraphs (1)
and (2) of the Secretary of any department (other than the Department of
the Interior) or the head of any other agency or instrumentality may be
delegated to the Secretary with respect to any land managed by such other
Secretary or agency head.
(e) RELINQUISHMENT- Nothing in this
section shall prevent the governing body of an Indian tribe or Native Hawaiian
organization from expressly relinquishing control over any Native American
human remains, or title to or control over any funerary object, or sacred
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:
`Sec. 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 remains as provided
in the Native American Graves Protection and Repatriation Act shall be
fined in accordance with this title, or imprisoned not more than 12 months,
or both, and in the case of a second or subsequent violation, be fined
in accordance with this title, or imprisoned not more than 5 years, or
`(b) Whoever knowingly sells, purchases,
uses for profit, or transports for sale or profit any Native American cultural
items obtained in violation of the Native American Grave Protection and
Repatriation Act shall be fined in accordance with this title, imprisoned
not more than one year, or both, and in the case of a second or subsequent
violation, be fined in accordance with this title, imprisoned not more
than 5 years, or both.'.
(b) TABLE OF CONTENTS- The table
of contents for chapter 53 of title 18, United States Code, is amended
by adding at the end thereof the following new item:
`1170. Illegal Trafficking in Native
American Human Remains and Cultural Items.'.
SEC. 5. INVENTORY FOR HUMAN
REMAINS AND ASSOCIATED FUNERARY OBJECTS.
(a) IN GENERAL- Each Federal agency
and each museum which has possession or control over holdings or collections
of Native American human remains and associated funerary objects shall
compile an inventory of such items and, to the extent possible based on
information possessed by such museum or Federal agency, identify the geographical
and cultural affiliation of such item.
(b) REQUIREMENTS- (1) The inventories
and identifications required under subsection (a) shall be--
(A) completed in consultation with
tribal government and Native Hawaiian organization officials and traditional
(B) completed by not later than
the date that is 5 years after the date of enactment of this Act, and
(C) made available both during the
time they are being conducted and afterward to a review committee established
under section 8.
(2) Upon request by an Indian tribe
or Native Hawaiian organization which receives or should have received
notice, a museum or Federal agency shall supply additional available documentation
to supplement the information required by subsection (a) of this section.
The term `documentation' means a summary of existing museum or Federal
agency records, including inventories or catalogues, relevant studies,
or other pertinent data for the limited purpose of determining the geographical
origin, cultural affiliation, and basic facts surrounding acquisition and
accession of Native American human remains and associated funerary objects
subject to this section. Such term does not mean, and this Act shall not
be construed to be an authorization for, the initiation of new scientific
studies of such remains and associated funerary objects or other means
of acquiring or preserving additional scientific information from such
remains and objects.
(c) EXTENSION OF TIME FOR INVENTORY-
Any museum which has made a good faith effort to carry out an inventory
and identification under this section, but which has been unable to complete
the process, may appeal to the Secretary for an extension of the time requirements
set forth in subsection (b)(1)(B). The Secretary may extend such time requirements
for any such museum upon a finding of good faith effort. An indication
of good faith shall include the development of a plan to carry out the
inventory and identification process.
(d) NOTIFICATION- (1) If the cultural
affiliation of any particular Native American human remains or associated
funerary objects is determined pursuant to this section, the Federal agency
or museum concerned shall, not later than 6 months after the completion
of the inventory, notify the affected Indian tribes or Native Hawaiian
(2) The notice required by paragraph
(1) shall include information--
(A) which identifies each Native
American human remains or associated funerary objects and the circumstances
surrounding its acquisition;
(B) which lists the human remains
or associated funerary objects that are clearly identifiable as to tribal
(C) which lists the Native American
human remains and associated funerary objects that are not clearly identifiable
as being culturally affiliated with that Indian tribe or Native Hawaiian
organization, but which, given the totality of circumstances surrounding
acquisition of the remains or objects, are determined by a reasonable belief
to be remains or objects culturally affiliated with the Indian tribe or
Native Hawaiian organization.
(3) A copy of each notice provided
under paragraph (1) shall be sent to the Secretary who shall publish each
notice in the Federal Register.
(e) INVENTORY- For the purposes
of this section, the term `inventory' means a simple itemized list that
summarizes the information called for by this section.
SEC. 6. SUMMARY FOR UNASSOCIATED
FUNERARY OBJECTS, SACRED OBJECTS, AND CULTURAL PATRIMONY.
(a) IN GENERAL- Each Federal agency
or museum which has possession or control over holdings or collections
of Native American unassociated funerary objects, sacred objects, or objects
of cultural patrimony shall provide a written summary of such objects based
upon available information held by such agency or museum. The summary shall
describe the scope of the collection, kinds of objects included, reference
to geographical location, means and period of acquisition and cultural
affiliation, where readily ascertainable.
(b) REQUIREMENTS- (1) The summary
required under subsection (a) shall be--
(A) in lieu of an object-by-object
(B) followed by consultation with
tribal government and Native Hawaiian organization officials and traditional
religious leaders; and
(C) completed by not later than
the date that is 3 years after the date of enactment of this Act.
(2) Upon request, Indian Tribes
and Native Hawaiian organizations shall have access to records, catalogues,
relevant studies or other pertinent data for the limited purposes of determining
the geographic origin, cultural affiliation, and basic facts surrounding
acquisition and accession of Native American objects subject to this section.
Such information shall be provided in a reasonable manner to be agreed
upon by all parties.
SEC. 7. REPATRIATION.
(a) REPATRIATION OF NATIVE AMERICAN
HUMAN REMAINS AND OBJECTS POSSESSED OR CONTROLLED BY FEDERAL AGENCIES AND
MUSEUMS- (1) If, pursuant to section 5, the cultural affiliation of Native
American human remains and associated funerary objects with a particular
Indian tribe or Native Hawaiian organization is established, then the Federal
agency or museum, upon the request of a known lineal descendant of the
Native American or of the tribe or organization and pursuant to subsections
(b) and (e) of this section, shall expeditiously return such remains and
associated funerary objects.
(2) If, pursuant to section 6, the
cultural affiliation with a particular Indian tribe or Native Hawaiian
organization is shown with respect to unassociated funerary objects, sacred
objects or objects of cultural patrimony, then the Federal agency or museum,
upon the request of the Indian tribe or Native Hawaiian organization and
pursuant to subsections (b), (c) and (e) of this section, shall expeditiously
return such objects.
(3) The return of cultural items
covered by this Act shall be in consultation with the requesting lineal
descendant or tribe or organization to determine the place and manner of
delivery of such items.
(4) Where cultural affiliation of
Native American human remains and funerary objects has not been established
in an inventory prepared pursuant to section 5, or the summary pursuant
to section 6, or where Native American human remains and funerary objects
are not included upon any such inventory, then, upon request and pursuant
to subsections (b) and (e) and, in the case of unassociated funerary objects,
subsection (c), such Native American human remains and funerary objects
shall be expeditiously returned where the requesting Indian tribe or Native
Hawaiian organization can show cultural affiliation by a preponderance
of the evidence based upon geographical, kinship, biological, archaeological,
anthropological, linguistic, folkloric, oral traditional, historical, or
other relevant information or expert opinion.
(5) Upon request and pursuant to
subsections (b), (c) and (e), sacred objects and objects of cultural patrimony
shall be expeditiously returned where--
(A) the requesting party is the
direct lineal descendant of an individual who owned the sacred object;
(B) the requesting Indian tribe
or Native Hawaiian organization can show that the object was owned or controlled
by the tribe or organization; or
(C) the requesting Indian tribe
or Native Hawaiian organization can show that the sacred object was owned
or controlled by a member thereof, provided that in the case where a sacred
object was owned by a member thereof, there are no identifiable lineal
descendants of said member or the lineal descendants, upon notice, have
failed to make a claim for the object under this Act.
(b) SCIENTIFIC STUDY- If the lineal
descendant, Indian tribe, or Native Hawaiian organization requests the
return of culturally affiliated Native American cultural items, the Federal
agency or museum shall expeditiously return such items unless such items
are indispensable for completion of a specific scientific study, the outcome
of which would be of major benefit to the United States. Such items shall
be returned by no later than 90 days after the date on which the scientific
study is completed.
(c) STANDARD OF REPATRIATION- If
a known lineal descendant or an Indian tribe or Native Hawaiian organization
requests the return of Native American unassociated funerary objects, sacred
objects or objects of cultural patrimony pursuant to this Act and presents
evidence which, if standing alone before the introduction of evidence to
the contrary, would support a finding that the Federal agency or museum
did not have the right of possession, then such agency or museum shall
return such objects unless it can overcome such inference and prove that
it has a right of possession to the objects.
(d) SHARING OF INFORMATION BY FEDERAL
AGENCIES AND MUSEUMS- Any Federal agency or museum shall share what information
it does possess regarding the object in question with the known lineal
descendant, Indian tribe, or Native Hawaiian organization to assist in
making a claim under this section.
(e) COMPETING CLAIMS- Where there
are multiple requests for repatriation of any cultural item and, after
complying with the requirements of this Act, the Federal agency or museum
cannot clearly determine which requesting party is the most appropriate
claimant, the agency or museum may retain such item until the requesting
parties agree upon its disposition or the dispute is otherwise resolved
pursuant to the provisions of this Act or by a court of competent jurisdiction.
(f) MUSEUM OBLIGATION- Any museum
which repatriates any item in good faith pursuant to this Act shall not
be liable for claims by an aggrieved party or for claims of breach of fiduciary
duty, public trust, or violations of state law that are inconsistent with
the provisions of this Act.
SEC. 8. REVIEW COMMITTEE.
(a) ESTABLISHMENT- Within 120 days
after the date of enactment of this Act, the Secretary shall establish
a committee to monitor and review the implementation of the inventory and
identification process and repatriation activities required under sections
5, 6 and 7.
(b) MEMBERSHIP- (1) The Committee
established under subsection (a) shall be composed of 7 members,
(A) 3 of whom shall be appointed
by the Secretary from nominations submitted by Indian tribes, Native Hawaiian
organizations, and traditional Native American religious leaders with at
least 2 of such persons being traditional Indian religious leaders;
(B) 3 of whom shall be appointed
by the Secretary from nominations submitted by national museum organizations
and scientific organizations; and
(C) 1 who shall be appointed by
the Secretary from a list of persons developed and consented to by all
of the members appointed pursuant to subparagraphs (A) and (B).
(2) The Secretary may not appoint
Federal officers or employees to the committee.
(3) In the event vacancies shall
occur, such vacancies shall be filled by the Secretary in the same manner
as the original appointment within 90 days of the occurrence of such vacancy.
(4) Members of the committee established
under subsection (a) shall serve without pay, but shall be reimbursed at
a rate equal to the daily rate for GS-18 of the General Schedule for each
day (including travel time) for which the member is actually engaged in
committee business. Each member shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with sections 5702 and 5703
of title 5, United States Code.
(c) RESPONSIBILITIES- The committee
established under subsection (a) shall be responsible for--
(1) designating one of the members
of the committee as chairman;
(2) monitoring the inventory and
identification process conducted under sections 5 and 6 to ensure a fair,
objective consideration and assessment of all available relevant information
(3) upon the request of any affected
party, reviewing and making findings related to--
(A) the identity or cultural affiliation
of cultural items, or
(B) the return of such items;
(4) facilitating the resolution
of any disputes among Indian tribes, Native Hawaiian organizations, or
lineal descendants and Federal agencies or museums relating to the return
of such items including convening the parties to the dispute if deemed
(5) compiling an inventory of culturally
unidentifiable human remains that are in the possession or control of each
Federal agency and museum and recommending specific actions for developing
a process for disposition of such remains;
(6) consulting with Indian tribes
and Native Hawaiian organizations and museums on matters within the scope
of the work of the committee affecting such tribes or organizations;
(7) consulting with the Secretary
in the development of regulations to carry out this Act;
(8) performing such other related
functions as the Secretary may assign to the committee; and
(9) making recommendations, if appropriate,
regarding future care of cultural items which are to be repatriated.
(d) Any records and findings made
by the review committee pursuant to this Act relating to the identity or
cultural affiliation of any cultural items and the return of such items
may be admissible in any action brought under section 15 of this Act.
(e) RECOMMENDATIONS AND REPORT-
The committee shall make the recommendations under paragraph (c)(5) in
consultation with Indian tribes and Native Hawaiian organizations and appropriate
scientific and museum groups.
(f) ACCESS- The Secretary shall
ensure that the committee established under subsection (a) and the members
of the committee have reasonable access to Native American cultural items
under review and to associated scientific and historical documents.
(g) DUTIES OF SECRETARY- The Secretary
(1) establish such rules and regulations
for the committee as may be necessary, and
(2) provide reasonable administrative
and staff support necessary for the deliberations of the committee.
(h) ANNUAL REPORT- The committee
established under subsection (a) shall submit an annual report to the Congress
on the progress made, and any barriers encountered, in implementing this
section during the previous year.
(i) TERMINATION- The committee established
under subsection (a) shall terminate at the end of the 120-day period beginning
on the day the Secretary certifies, in a report submitted to Congress,
that the work of the committee has been completed.
SEC. 9. PENALTY.
(a) PENALTY- Any museum that fails
to comply with the requirements of this Act may be assessed a civil penalty
by the Secretary of the Interior pursuant to procedures established by
the Secretary through regulation. A penalty assessed under this subsection
shall be determined on the record after opportunity for an agency hearing.
Each violation under this subsection shall be a separate offense.
(b) AMOUNT OF PENALTY- The amount
of a penalty assessed under subsection (a) shall be determined under regulations
promulgated pursuant to this Act, taking into account, in addition to other
(1) the archaeological, historical,
or commercial value of the item involved;
(2) the damages suffered, both economic
and noneconomic, by an aggrieved party, and
(3) the number of violations that
(c) ACTIONS TO RECOVER PENALTIES-
If any museum fails to pay an assessment of a civil penalty pursuant to
a final order of the Secretary that has been issued under subsection (a)
and not appealed or after a final judgment has been rendered on appeal
of such order, the Attorney General may institute a civil action in an
appropriate district court of the United States to collect the penalty.
In such action, the validity and amount of such penalty shall not be subject
(d) SUBPOENAS- In hearings held
pursuant to subsection (a), subpoenas may be issued for the attendance
and testimony of witnesses and the production of relevant papers, books,
and documents. Witnesses so summoned shall be paid the same fees and mileage
that are paid to witnesses in the courts of the United States.
SEC. 10. GRANTS.
(a) INDIAN TRIBES AND NATIVE HAWAIIAN
ORGANIZATIONS- The Secretary is authorized to make grants to Indian tribes
and Native Hawaiian organizations for the purpose of assisting such tribes
and organizations in the repatriation of Native American cultural items.
(b) MUSEUMS- The Secretary is authorized
to make grants to museums for the purpose of assisting the museums in conducting
the inventories and identification required under sections 5 and 6.
SEC. 11. SAVINGS PROVISIONS.
Nothing in this Act shall be construed
(1) limit the authority of any Federal
agency or museum to--
(A) return or repatriate Native
American cultural items to Indian tribes, Native Hawaiian organizations,
or individuals, and
(B) enter into any other agreement
with the consent of the culturally affiliated tribe or organization as
to the disposition of, or control over, items covered by this Act;
(2) delay actions on repatriation
requests that are pending on the date of enactment of this Act;
(3) deny or otherwise affect access
to any court;
(4) limit any procedural or substantive
right which may otherwise be secured to individuals or Indian tribes or
Native Hawaiian organizations; or
(5) limit the application of any
State or Federal law pertaining to theft or stolen property.
SEC. 12. SPECIAL RELATIONSHIP BETWEEN
FEDERAL GOVERNMENT AND INDIAN TRIBES.
This Act reflects the unique relationship
between the Federal Government and Indian tribes and Native Hawaiian organizations
and should not be construed to establish a precedent with respect to any
other individual, organization or foreign government.
SEC. 13. REGULATIONS.
The Secretary shall promulgate regulations
to carry out this Act within 12 months of enactment.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated
such sums as may be necessary to carry out this Act.
SEC. 15. ENFORCEMENT.
The United States district courts
shall have jurisdiction over any action brought by any person alleging
a violation of this Act and shall have the authority to issue such orders
as may be necessary to enforce the provisions of this Act.
Speaker of the House of Representatives.
Vice President of the United States
President of the Senate.
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