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

Summary

By December 31, 1996, the Smithsonian must write and share a summary listing the unassociated funerary objects, sacred objects, and objects of cultural patrimony it holds, using its records. That summary must include at least the kinds of details federal law requires for these lists. If the summary finds a cultural connection, or a tribe or Native Hawaiian organization can show a cultural link by a preponderance of the evidence using geography, family ties, biological or archaeological or anthropological studies, language, folklore or oral tradition, history, or other relevant information or expert opinion, the Smithsonian must quickly return the items when one of these is true: the requester is a direct lineal descendant of the person who owned the item; the tribe or organization shows it owned or controlled the item; or the tribe or organization shows a member owned or controlled the item and there are no identifiable lineal descendants or those descendants did not claim it after notice. If a descendant or tribe presents evidence that, on its face, supports that the Smithsonian did not have the right to possess the items, the Smithsonian must return them unless it proves it had that right. Museums that return items in good faith under these rules are protected from conflicting claims. The Secretary may choose to do more than these rules require. Native Hawaiian organization — a group of Native Hawaiians recognized under federal law.