Page:United States Statutes at Large Volume 104 Part 4.djvu/736

 104 STAT. 3052 PUBLIC LAW 101-601—NOV. 16, 1990 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: "§ 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 both. "(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.". Museums. SEC. 5. INVENTORY FOR HUMAN REMAINS AND ASSOCIATED FUNERARY 25 USC 3003. 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 religious leaders; (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

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