§ 80q-9. — Inventory, identification, and return of Indian human remains and Indian funerary objects in possession of Smithsonian Institution.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC80q-9]
TITLE 20--EDUCATION
CHAPTER 3--SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES
SUBCHAPTER XIII--NATIONAL MUSEUM OF THE AMERICAN INDIAN
Sec. 80q-9. Inventory, identification, and return of Indian
human remains and Indian funerary objects in possession of
Smithsonian Institution
(a) Inventory and identification
(1) The Secretary of the Smithsonian Institution, in consultation
and cooperation with traditional Indian religious leaders and government
officials of Indian tribes, shall--
(A) inventory the Indian human remains and Indian funerary
objects in the possession or control of the Smithsonian Institution;
and
(B) using the best available scientific and historical
documentation, identify the origins of such remains and objects.
(2) The inventory made by the Secretary of the Smithsonian
Institution under paragraph (1) shall be completed not later than June
1, 1998.
(3) For purposes of this subsection, the term ``inventory'' means a
simple, itemized list that, to the extent practicable, identifies, based
upon available information held by the Smithsonian Institution, the
geographic and cultural affiliation of the remains and objects referred
to in paragraph (1).
(b) Notice in case of identification of tribal origin
If the tribal origin of any Indian human remains or Indian funerary
object is identified by a preponderance of the evidence, the Secretary
shall so notify any affected Indian tribe at the earliest opportunity.
(c) Return of Indian human remains and associated Indian funerary
objects
If any Indian human remains are identified by a preponderance of the
evidence as those of a particular individual or as those of an
individual culturally affiliated with a particular Indian tribe, the
Secretary, upon the request of the descendants of such individual or of
the Indian tribe shall expeditiously return such remains (together with
any associated funerary objects) to the descendants or tribe, as the
case may be.
(d) Return of Indian funerary objects not associated with Indian human
remains
If any Indian funerary object not associated with Indian human
remains is identified by a preponderance of the evidence as having been
removed from a specific burial site of an individual culturally
affiliated with a particular Indian tribe, the Secretary, upon the
request of the Indian tribe, shall expeditiously return such object to
the tribe.
(e) Interpretation
Nothing in this section shall be interpreted as--
(1) limiting the authority of the Smithsonian Institution to
return or repatriate Indian human remains or Indian funerary objects
to Indian tribes or individuals; or
(2) delaying actions on pending repatriation requests, denying
or otherwise affecting access to the courts, or limiting any
procedural or substantive rights which may otherwise be secured to
Indian tribes or individuals.
(f) Authorization of appropriations
There is authorized to be appropriated $1,000,000 for fiscal year
1991 and such sums as may be necessary for succeeding fiscal years to
carry out this section and section 80q-9a of this title.
(Pub. L. 101-185, Sec. 11, Nov. 28, 1989, 103 Stat. 1343; Pub. L. 104-
278, Sec. 3, Oct. 9, 1996, 110 Stat. 3355.)
Amendments
1996--Subsec. (a). Pub. L. 104-278, Sec. 3(a), designated existing
provisions as par. (1), added pars. (2) and (3), and redesignated former
pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1).
Subsec. (f). Pub. L. 104-278, Sec. 3(b), inserted ``and section 80q-
9a of this title'' after ``to carry out this section''.
Section Referred to in Other Sections
This section is referred to in sections 80q-10, 80q-11, 80q-12, 80q-
15 of this title.
