§80q–9a Summary and Repatriation of Unassociated Funerary Objects, Sacred Objects, and Cultural Patrimony

Summary

Requires the Secretary of the Smithsonian to give a written list by December 31, 1996, of the unassociated funerary objects, sacred objects, and objects of cultural patrimony the Smithsonian holds, using its available records and including the details required under 25 U.S.C. 3004. If the list shows a cultural connection, or if an Indian tribe or Native Hawaiian organization shows a connection is more likely than not using geography, kinship, biology, archaeology, anthropology, language, folklore, oral tradition, history, or expert opinion, the Smithsonian must quickly return the item when the requester is a direct descendant, when the tribe or organization shows it owned or controlled the item, or when the tribe or organization shows a member owned or controlled it and there are no identifiable direct descendants or they did not claim it after notice. If a descendant or tribe/org gives evidence that would, by itself, support that the Smithsonian did not have legal possession, the Smithsonian must return the items unless it proves it did have the right to keep them. Museums that return items in good faith are protected from conflicting legal claims. The Secretary may do more than these rules require. Definitions: unassociated funerary objects, sacred objects, and objects of cultural patrimony are defined in 25 U.S.C. 3001(3); “Native Hawaiian organization” is defined in 25 U.S.C. 3001(11).