§80q–9a Summary and repatriation of unassociated funerary objects, sacred objects, and cultural patrimony

Summary

By December 31, 1996, the Secretary of the Smithsonian must give a written list of the Smithsonian’s unassociated funerary objects, sacred objects, and items of cultural patrimony based on what the Smithsonian knows. The list must include at least the information required by section 3004 of title 25. Short descriptions: unassociated funerary objects are burial items not tied to a known grave or person; sacred objects are used in religious or spiritual practices; cultural patrimony are items important to a group’s heritage. If the list or other evidence shows a cultural link between a tribe or Native Hawaiian organization and an object, the Smithsonian must quickly return the object when one of these is true: the requester is a direct lineal descendant of the person who owned it; the tribe or organization can show it owned or controlled it; or the tribe or organization can show a member owned or controlled it and there are no identifiable lineal descendants or they did not claim it after notice. A tribe or descendant can show affiliation by a preponderance of the evidence using things like location, family ties, biological facts, archaeology, anthropology, language, folklore, oral history, historical records, or expert opinion. If a claimant presents evidence that would, by itself, suggest the Smithsonian did not have the right to keep the item, the Smithsonian must return it unless it proves otherwise. Museums that return items in good faith are protected from legal claims that conflict with these rules. “Native Hawaiian organization” has the meaning given in section 3001(11) of title 25.