25 U.S.C. § 3006 : US Code - Section 3006: Review committee

Search 25 U.S.C. § 3006 : US Code - Section 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,
(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.
(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.