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§ 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.



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