Title 20EducationRelease 119-73

§80q–11 Inventory, identification, and return of Native Hawaiian human remains and Native Hawaiian funerary objects in possession of Smithsonian Institution

Title 20 › Chapter CHAPTER 3— - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES › Subchapter SUBCHAPTER XIII— - NATIONAL MUSEUM OF THE AMERICAN INDIAN › § 80q–11

Last updated Apr 6, 2026|Official source

Summary

The Secretary of the Smithsonian Institution must list and identify Native Hawaiian human remains and funerary objects the Smithsonian holds as part of its inventory work. The Secretary must make an agreement with suitable Native Hawaiian organizations (which may include the Office of Hawaiian Affairs and Malama I Na Kupuna O Hawai’i Nei) to arrange the return of those remains and objects. The Smithsonian must, as much as possible, use the same procedures it uses for Indian remains and funerary objects. Malama I Na Kupuna O Hawai’i Nei is a nonprofit Native Hawaiian group incorporated in Hawaii on April 17, 1989, that advises on cultural and burial matters. The Office of Hawaiian Affairs is the office created by the Constitution of the State of Hawaii.

Full Legal Text

Title 20, §80q–11

Education — Source: USLM XML via OLRC

(a)The Secretary of the Smithsonian Institution shall—
(1)in conjunction with the inventory and identification under section 80q–9 of this title, inventory and identify the Native Hawaiian human remains and Native Hawaiian funerary objects in the possession of the Smithsonian Institution;
(2)enter into an agreement with appropriate Native Hawaiian organizations with expertise in Native Hawaiian affairs (which may include the Office of Hawaiian Affairs and the Malama I Na Kupuna O Hawai’i Nei) to provide for the return of such human remains nd 11 So in original. Probably should be “and”. funerary objects; and
(3)to the greatest extent practicable, apply, with respect to such human remains and funerary objects, the principles and procedures set forth in section 80q–9 and 80q–10 of this title with respect to the Indian human remains and Indian funerary objects in the possession of the Smithsonian Institution.
(b)As used in this section—
(1)the term “Malama I Na Kupuna O Hawai’i Nei” means the nonprofit, Native Hawaiian organization, incorporated under the laws of the State of Hawaii by that name on April 17, 1989, the purpose of which is to provide guidance and expertise in decisions dealing with Native Hawaiian cultural issues, particularly burial issues; and
(2)the term “Office of Hawaiian Affairs” means the Office of Hawaiian Affairs established by the Constitution of the State of Hawaii.

Reference

Citations & Metadata

Citation

20 U.S.C. § 80q–11

Title 20Education

Last Updated

Apr 6, 2026

Release point: 119-73