§ 80q-9a. — Summary and repatriation of unassociated funerary objects, sacred objects, and cultural patrimony.
[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-9a]
TITLE 20--EDUCATION
CHAPTER 3--SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES
SUBCHAPTER XIII--NATIONAL MUSEUM OF THE AMERICAN INDIAN
Sec. 80q-9a. Summary and repatriation of unassociated funerary
objects, sacred objects, and cultural patrimony
(a) Summary
Not later than December 31, 1996, the Secretary of the Smithsonian
Institution shall provide a written summary that contains a summary of
unassociated funerary objects, sacred objects, and objects of cultural
patrimony (as those terms are defined in subparagraphs (B), (C), and
(D), respectively, of section 3001(3) of title 25, based upon available
information held by the Smithsonian Institution. The summary required
under this section shall include, at a minimum, the information required
under section 3004 of title 25.
(b) Repatriation
Where cultural affiliation of Native American unassociated funerary
objects, sacred objects, and objects of cultural patrimony has been
established in the summary prepared pursuant to subsection (a) of this
section, or where a requesting Indian tribe or Native Hawaiian
organization can show cultural affiliation by a preponderance of the
evidence based upon geographical, kinship, biological, archaeological,
anthropological, linguistic, folkloric, oral traditional, historical, or
other relevant information or expert opinion, then the Smithsonian
Institution shall expeditiously return such unassociated funerary
object, sacred object, or object of cultural patrimony where--
(1) the requesting party is the direct lineal descendant of an
individual who owned the unassociated funerary object or sacred
object;
(2) the requesting Indian tribe or Native Hawaiian organization
can show that the object was owned or controlled by the Indian tribe
or Native Hawaiian organization; or
(3) the requesting Indian tribe or Native Hawaiian organization
can show that the unassociated funerary object or sacred object was
owned or controlled by a member thereof, provided that in the case
where an unassociated funerary object or sacred object was owned by
a member thereof, there are no identifiable lineal descendants of
said member or the lineal descendants, upon notice, have failed to
make a claim for the object.
(c) Standard of repatriation
If a known lineal descendant or an Indian tribe or Native Hawaiian
organization requests the return of Native American unassociated
funerary objects, sacred objects, or objects of cultural patrimony
pursuant to this subchapter and presents evidence which, if standing
alone before the introduction of evidence to the contrary, would support
a finding that the Smithsonian Institution did not have the right of
possession, then the Smithsonian Institution shall return such objects
unless it can overcome such inference and prove that it has a right of
possession to the objects.
(d) Museum obligation
Any museum of the Smithsonian Institution which repatriates any item
in good faith pursuant to this subchapter shall not be liable for claims
by an aggrieved party or for claims of fiduciary duty, public trust, or
violations of applicable law that are inconsistent with the provisions
of this subchapter.
(e) Statutory construction
Nothing in this section may be construed to prevent the Secretary of
the Smithsonian Institution, with respect to any museum of the
Smithsonian Institution, from making an inventory or preparing a written
summary or carrying out the repatriation of unassociated funerary
objects, sacred objects, or objects of cultural patrimony in a manner
that exceeds the requirements of this subchapter.
(f) ``Native Hawaiian organization'' defined
For purposes of this section, the term ``Native Hawaiian
organization'' has the meaning provided that term in section 3001(11) of
title 25.
(Pub. L. 101-185, Sec. 11A, as added Pub. L. 104-278, Sec. 4, Oct. 9,
1996, 110 Stat. 3355.)
Section Referred to in Other Sections
This section is referred to in sections 80q-9, 80q-10 of this title.
