§ 3006. — Review committee.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3006]
TITLE 25--INDIANS
CHAPTER 32--NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION
Sec. 3006. Review committee
(a) Establishment
Within 120 days after November 16, 1990, the Secretary shall
establish a committee to monitor and review the implementation of the
inventory and identification process and repatriation activities
required under sections 3003, 3004 and 3005 of this title.
(b) Membership
(1) The Committee \1\ established under subsection (a) of this
section shall be composed of 7 members,
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\1\ So in original. Probably should not be capitalized.
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(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) of
this section 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.
(c) Responsibilities
The committee established under subsection (a) of this section 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 3003 and 3004 of this title to ensure a
fair, objective consideration and assessment of all available
relevant information and evidence;
(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 desirable;
(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 chapter;
(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) Admissibility of records and findings
Any records and findings made by the review committee pursuant to
this chapter 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 3013 of this title.
(e) Recommendations and report
The committee shall make the recommendations under paragraph \2\
(c)(5) in consultation with Indian tribes and Native Hawaiian
organizations and appropriate scientific and museum groups.
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\2\ So in original. Probably should be ``subsection''.
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(f) Access
The Secretary shall ensure that the committee established under
subsection (a) of this section 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 shall--
(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) of this section 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) of this section 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.
(Pub. L. 101-601, Sec. 8, Nov. 16, 1990, 104 Stat. 3055.)
References in Other Laws to GS-16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 [title I,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.
Section Referred to in Other Sections
This section is referred to in sections 3002, 3003 of this title.