§80q–9 Inventory, identification, and return of Indian human remains and Indian funerary objects in possession of Smithsonian Institution

Summary

The Smithsonian must make a list of the Indian human remains and Indian funerary objects it has. The Smithsonian’s leader must work with traditional Indian religious leaders and tribal officials and use the best scientific and historical information to find where the remains and objects came from. The list must be finished by June 1, 1998. The list is a simple, item-by-item record that, when possible, notes the geographic and cultural ties based on Smithsonian records. If the evidence shows it is more likely than not that remains or objects belong to a particular tribe, the Smithsonian must tell that tribe. If remains are shown to be a specific person or from a tribe, the Smithsonian must quickly return the remains and any associated objects if descendants or the tribe ask. If an unassociated funerary object is shown to have come from a specific burial of a person tied to a tribe, the Smithsonian must quickly return it if the tribe asks. None of this stops the Smithsonian from returning items in other cases or stops tribes or individuals from going to court or using other legal rights. Congress authorized $1,000,000 for fiscal year 1991 and more money as needed afterward to carry out these rules and the related section 80q–9a.