Enforcement

NAGPRA establishes penalties for both criminal and civil violations of the law.

Criminal Provisions

A person who knowingly committs any of the following may be punished by imprisonment, a fine, or both:

1. Sells, purchases, uses for profit, or transports for sale or profit the human remains of a Native American.

2. Sells, purchases, uses for profit, or transports for sale or profit any Native American cultural item obtained in violation of NAGPRA.

To report a criminal violation of NAGPRA, contact your local FBI office.

Civil Provision

Any museum that fails to comply with the requirements of NAGPRA or the implementing regualtions may be assessed a civil penalty by the Department of the Interior. Each instance of failure to comply constitutes a separate violation.

This provision does not apply to Federal agencies. A Federal agencies failure to comply may be subject to other remedies under Federal law.

Any person may file an allegation of failure to comply by sending a written allegation to [e-mail]. Some of the ways a museum might fail to comply include, but are not limited to,

1. Transfering human remains or cultural items to an individual or institution that is not required to comply with the Act and the regulations.

2. Not compiling a summary by the required deadline.

3. Not completing or updating an inventory by the required deadline.

4. Not submitting a notice of inventory completion or notice of intended repatriation by the required deadline.

5. Not sending a repatriation statement for human remains or cultural items by the required deadline.

6. Sending a repatriation statement for human remains or cultural items before publishing a Federal Register notice.

7. Not consulting with lineal descendants, Indian Tribe officials, Native Hawaiian organizations officials, or traditional religious leaders who request to consult.

8. Not informing the requestors of any presently known treatment of the culltural items with pesticides, preservatives, or other substances that represent a potential hazard to the objects or to persons handling the objects.

Learn more about the civil enforcement of NAGPRA.

To file an allegation of failure to comply or for more information please contact the National NAGPRA Program.

Criminal and Civil Violations of NAGPRA

18 U.S.C. §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 1 year and 1 day, or both, and in the case of a second or subsequent violation, be fined in accordance with this title, or imprisoned not more than 10 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 10 years, or both.

25 U.S.C. §3007. Penalty

(a) Penalty. Any museum that fails to comply with the requirements of this chapter 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 chapter, 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 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.