Civil Penalties

Section 9 of NAGPRA states, "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." 25 U.S.C. 3007(a).

The regulations addressing civil penalties, found at 43 CFR 10.12, in turn, understand the phrase "fails to comply with the requirements of this Act" as also including failure to comply with applicable portions of the NAGPRA regulations, and they actually define the ways in which a museum might fail to comply. 43 CFR 10.12(a) &(b). Those regulations go on to say that "[a]ny person may bring an allegation of failure to comply to the attention of the Secretary. Allegations must be in writing, and should include documentation identifying the provision of the Act with which there has been a failure to comply and supporting facts of the alleged failure to comply. Documentation should include evidence that the museum has possession or control of Native American cultural items, receives Federal funds, and has failed to comply with specific provisions of the Act.

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Last updated: July 13, 2015