25 U.S.C. § 3076

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 3076 - Native working group

(a) In general

The Secretary shall convene a Native working group consisting of not fewer than 12 representatives of Indian Tribes and Native Hawaiian organizations with relevant expertise, who shall be nominated by Indian Tribes and Native Hawaiian organizations, to advise the Federal Government in accordance with this section.

(b) Recommendations

The Native working group convened under subsection (a) may provide recommendations regarding-

(1) the voluntary return of tangible cultural heritage by collectors, dealers, and other individuals and non-Federal organizations that hold such tangible cultural heritage; and

(2) the elimination of illegal commerce of cultural items and archaeological resources in the United States and foreign markets.

(c) Requests

The Native working group convened under subsection (a) may make formal requests to initiate certain agency actions, including requests that-

(1) the Department of Justice initiate judicial proceedings domestically or abroad to aid in the repatriation cultural items and archaeological resources; and

(2) the Department of State initiate dialogue through diplomatic channels to aid in that repatriation.

(d) Agency and committee assistance

(1) In general

On request by the Native working group convened under subsection (a), the agencies and committees described in paragraph (2) shall make efforts to provide information and assistance to the Native working group.

(2) Description of agencies and committees

The agencies and committees referred to in paragraph (1) are the following:

(A) The Department of the Interior.

(B) The Department of Justice.

(C) The Department of Homeland Security.

(D) The Department of State.

(E) The review committee established under section 3006(a) of this title.

(F) The Cultural Heritage Coordinating Committee established pursuant to section 2 of the Protect and Preserve International Cultural Property Act (Public Law 114-151; 19 U.S.C. 2601 note).

(G) Any other relevant Federal agency, committee, or working group.

(e) Applicability of Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) ¹ shall not apply to the Native working group convened under subsection (a).

¹ See References in Text note below.

25 U.S.C. § 3076

Pub. L. 117-258, §8, Dec. 21, 2022, 136 Stat. 2384.

EDITORIAL NOTES

REFERENCES IN TEXTThe Federal Advisory Committee Act, referred to in subsec. (e), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§1001 et seq.) of Title 5 by Pub. L. 117-286, §§3(a), Dec. 27, 2022, 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.

Secretary: The term "Secretary" means the Secretary of the Interior.
tangible cultural heritage: The term "tangible cultural heritage" means-(A) Native American human remains; or(B) culturally, historically, or archaeologically significant objects, resources, patrimony, or other items that are affiliated with a Native American culture.