Sec. 1152. KENNEWICK MAN
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/statute-compilations/comps-13821/sec-1152A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 1152 KENNEWICK MAN ###
(a)Definitions In this section, the following definitions apply: ####
(1)Claimant tribes The term “**claimant tribes**” means the Confederated Tribes of the Colville Reservation, the Confederated Tribes and Bands of the Yakama Nation, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, and the Wanapum Band of Priest Rapids. ####
(2)Department The term “**Department**” means the Washington State Department of Archaeology and Historic Preservation. ####
(3)Human remains The term “**human remains**” means the human remains that— #####
(A)are known as Kennewick Man or the Ancient One, which includes the projectile point lodged in the right ilium bone, as well as any residue from previous sampling and studies; and #####
(B)are part of archaeological collection number 45BN495. ###
(b)Transfer Notwithstanding any other provision of Federal law, including the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), or law of the State of Washington, not later than 90 days after the date of enactment of this Act, the Secretary, acting through the Chief of Engineers, shall transfer the human remains to the Department, on the condition that the Department, acting through the State Historic Preservation Officer, disposes of the human remains and repatriates the human remains to the claimant tribes. ###
(c)Terms and Conditions The transfer shall be subject to the following terms and conditions: ####
(1)The release of the human remains to the claimant tribes is contingent upon the claimant tribes following the Department’s requirements in the Revised Code of Washington. ####
(2)The claimant tribes verify to the Department their agreement on the final burial place of the human remains. ####
(3)The claimant tribes verify to the Department their agreement that the human remains will be buried in the State of Washington. ####
(4)The claimant tribes verify to the Department their agreement that the Department will take legal custody of the human remains upon the transfer by the Secretary. ###
(d)Cost The Corps of Engineers shall be responsible for any costs associated with the transfer. ###
(e)Limitations ####
(1)In general The transfer shall be limited solely to the human remains portion of the archaeological collection. ####
(2)Secretary The Secretary shall have no further responsibility for the human remains transferred pursuant to subsection
(b)after the date of the transfer.
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