Page:United States Statutes at Large Volume 104 Part 4.djvu/741

 PUBLIC LAW 101-601—NOV. 16, 1990 104 STAT. 3057 (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. Museums. 25 USC 3007. 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 factors— (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 have occurred. (c) ACTIONS TO RECOVER PENALTIES. — If any museum fails to pay Courts, 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 to review. (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. 25 USC 3008. (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. 25 USC 3009. Nothing in this Act shall be construed to— (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

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