Title 20, EducationRelease 119-73not60

§80q–11 Inventory, Identification, and Return of Native Hawaiian Human Remains and Native Hawaiian Funerary Objects in Possession of Smithsonian Institution

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

Last updated Apr 5, 2026|Official source

Summary

The Secretary of the Smithsonian must inventory and identify all Native Hawaiian human remains and Native Hawaiian funerary objects the Smithsonian holds, as part of the inventory under section 80q–9. The Secretary must make an agreement with appropriate Native Hawaiian organizations (which may include the Office of Hawaiian Affairs and Malama I Na Kupuna O Hawai’i Nei) to arrange return of those remains and objects. As much as possible, the Secretary must follow the procedures in sections 80q–9 and 80q–10 that apply to Indian remains and funerary objects. Malama I Na Kupuna O Hawai’i Nei: a nonprofit Native Hawaiian group incorporated in the State of Hawaii on April 17, 1989, that advises on cultural and burial matters. Office of Hawaiian Affairs: 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 20, Education

Last Updated

Apr 5, 2026

Release point: 119-73not60