U.S. Code » Title 25 » Chapter CHAPTER 32— NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION

25 U.S.C. § 3009

Savings provision

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Nothing in this chapter 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(B) enter into any other agreement with the consent of the culturally affiliated tribe or organization as to the disposition of, or control over, items covered by this chapter;(2) delay actions on repatriation requests that are pending on November 16, 1990;(3) deny or otherwise affect access to any court;(4) limit any procedural or substantive right which may otherwise be secured to individuals or Indian tribes or Native Hawaiian organizations; or(5) limit the application of any State or Federal law pertaining to theft or stolen property.(Pub. L. 101–601, § 11, Nov. 16, 1990, 104 Stat. 3057.)Editorial NotesReferences in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, known as the Native American Graves Protection and Repatriation Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.

Notes of Decisions
Cited in 5 cases, 1995–2011 · leading case: State v. Taylor, 269 P.3d 740 (Haw. 2011).
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State v. Taylor, 269 P.3d 740 (Haw. 2011). · cites it 2× “25 U.S.C. § 3009 (5) ("Nothing in this chapter shall be construed to .”
Na Iwi O Na Kupuna O Mokapu v. Dalton, 894 F. Supp. 1397 (D. Haw. 1995). · cites it 2× “See 25 U.S.C. §§ 3009 , 3013. However, NAGPRA clearly provides for an administrative process under which the agency will decide to whom remains should be repatriated.”
Kickapoo Traditional Tribe of Texas v. Chacon, 46 F. Supp. 2d 644 (W.D. Tex. 1999). “” 25 U.S.C. § 3009 (5). Texas law provides that [a] person not authorized by law to move the body of a decedent or any part of the physical surroundings of the body commits an offense if the person tampers with a body that is subject to an inquest under Article 49.”
Yankton Sioux Tribe v. United States Army Corps of Engineers, 83 F. Supp. 2d 1047 (D.S.D. 2000). “However, 25 U.S.C. § 3009 (1) and its legislative history establish that the Act is not to limit the authority of any federal agency to enter into any other agreement with the consent of the culturally affiliated tribe as to the disposition or control over items covered by the…”
Sunrise Quoyavema v. Hopi Tribal Court, 4 Am. Tribal Law 415 (2002). “” 25 U.S.C. § 3009 (4). Preemption doctrine adopted by the Supreme Court holds that certain matters are of such national, as opposed to local, character that federal law preempts or takes precedence over local laws.”
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