Title 20, EducationRelease 119-110

§80q–9 Inventory, Identification, and Return of Indian Human Remains and Indian 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–9

Last updated Sep 22, 2026|Official source

Summary

The Smithsonian must work with tribal religious leaders and tribal governments to make a list of Native American human remains and funerary objects it has and to use the best scientific and historical evidence to find where they came from. The list must be finished by June 1, 1998. "Inventory" means a simple item-by-item list that, when possible, notes the likely geographic and cultural origin. If the evidence makes it more likely than not that remains or objects come from a particular tribe, the Smithsonian must tell that tribe as soon as possible. If remains are shown, by the same standard, to be of a specific person or culturally linked to a tribe, the Smithsonian must quickly return them and any related funerary items when descendants or the tribe ask. The Smithsonian must also return funerary objects taken from a known burial when the tribe asks. These rules do not stop the Smithsonian from returning items at other times, delay pending requests, or limit access to the courts or other rights. Congress authorized $1,000,000 for fiscal year 1991 and whatever money is needed later to carry out these rules and the related provisions.

Full Legal Text

Title 20, §80q–9

Education, Source: USLM XML via OLRC

(a)Inventory and identification
(1)The Secretary of the Smithsonian Institution, in consultation and cooperation with traditional Indian religious leaders and government officials of Indian tribes, shall—
(A)inventory the Indian human remains and Indian funerary objects in the possession or control of the Smithsonian Institution; and
(B)using the best available scientific and historical documentation, identify the origins of such remains and objects.
(2)The inventory made by the Secretary of the Smithsonian Institution under paragraph (1) shall be completed not later than June 1, 1998.
(3)For purposes of this subsection, the term “inventory” means a simple, itemized list that, to the extent practicable, identifies, based upon available information held by the Smithsonian Institution, the geographic and cultural affiliation of the remains and objects referred to in paragraph (1).
(b)Notice in case of identification of tribal origin (c) Return of Indian human remains and associated Indian funerary objects
If the tribal origin of any Indian human remains or Indian funerary object is identified by a preponderance of the evidence, the Secretary shall so notify any affected Indian tribe at the earliest opportunity.
(d)Return of Indian funerary objects not associated with Indian human remains
If any Indian funerary object not associated with Indian human remains is identified by a preponderance of the evidence as having been removed from a specific burial site of an individual culturally affiliated with a particular Indian tribe, the Secretary, upon the request of the Indian tribe, shall expeditiously return such object to the tribe.
(e)Interpretation
Nothing in this section shall be interpreted as—
(1)limiting the authority of the Smithsonian Institution to return or repatriate Indian human remains or Indian funerary objects to Indian tribes or individuals; or
(2)delaying actions on pending repatriation requests, denying or otherwise affecting access to the courts, or limiting any procedural or substantive rights which may otherwise be secured to Indian tribes or individuals.
(f)Authorization of appropriations
There is authorized to be appropriated $1,000,000 for fiscal year 1991 and such sums as may be necessary for succeeding fiscal years to carry out this section and section 80q–9a of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–278, § 3(a), designated existing provisions as par. (1), added pars. (2) and (3), and redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1). Subsec. (f). Pub. L. 104–278, § 3(b), inserted “and section 80q–9a of this title” after “to carry out this section”.

Reference

Citations & Metadata

Citation

20 U.S.C. § 80q–9

Title 20, Education

Last Updated

Sep 22, 2026

Release point: 119-110