25 U.S.C. § 3009: Savings provision

Summary

Protects existing rights. It does not stop federal agencies or museums from returning Native American cultural items or from making agreements with tribes, Native Hawaiian organizations, or individuals about those items. It does not delay repatriation requests that were pending on November 16, 1990, block court access, remove other legal rights, or affect state or federal laws about theft or stolen property.

Title 25, §3009

Indians, Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

References 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.

§3009 Savings Provision