20 U.S.C. § 80q-9 : US Code - Section 80Q-9: Inventory, identification, and return of Indian human remains and Indian funerary objects in possession of Smithsonian Institution

Search 20 U.S.C. § 80q-9 : US Code - Section 80Q-9: Inventory, identification, and return of Indian human remains and Indian funerary objects in possession of Smithsonian Institution

(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
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.
(c) Return of Indian human remains and associated Indian funerary
objects
If any Indian human remains are identified by a preponderance of
the evidence as those of a particular individual or as those of an
individual culturally affiliated with a particular Indian tribe,
the Secretary, upon the request of the descendants of such
individual or of the Indian tribe shall expeditiously return such
remains (together with any associated funerary objects) to the
descendants or tribe, as the case may be.
(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.