20 U.S.C. § 80q-9a : US Code - Section 80Q-9A: Summary and repatriation of unassociated funerary objects, sacred objects, and cultural patrimony

Search 20 U.S.C. § 80q-9a : US Code - Section 80Q-9A: Summary and repatriation of unassociated funerary objects, sacred objects, and cultural patrimony

(a) Summary
Not later than December 31, 1996, the Secretary of the
Smithsonian Institution shall provide a written summary that
contains a summary of unassociated funerary objects, sacred
objects, and objects of cultural patrimony (as those terms are
defined in subparagraphs (B), (C), and (D), respectively, of
section 3001(3) of title 25, based upon available information held
by the Smithsonian Institution. The summary required under this
section shall include, at a minimum, the information required under
section 3004 of title 25.
(b) Repatriation
Where cultural affiliation of Native American unassociated
funerary objects, sacred objects, and objects of cultural patrimony
has been established in the summary prepared pursuant to subsection
(a) of this section, or where a requesting Indian tribe or Native
Hawaiian organization can show cultural affiliation by a
preponderance of the evidence based upon geographical, kinship,
biological, archaeological, anthropological, linguistic, folkloric,
oral traditional, historical, or other relevant information or
expert opinion, then the Smithsonian Institution shall
expeditiously return such unassociated funerary object, sacred
object, or object of cultural patrimony where -
(1) the requesting party is the direct lineal descendant of an
individual who owned the unassociated funerary object or sacred
object;
(2) the requesting Indian tribe or Native Hawaiian organization
can show that the object was owned or controlled by the Indian
tribe or Native Hawaiian organization; or
(3) the requesting Indian tribe or Native Hawaiian organization
can show that the unassociated funerary object or sacred object
was owned or controlled by a member thereof, provided that in the
case where an unassociated funerary object or sacred object was
owned by a member thereof, there are no identifiable lineal
descendants of said member or the lineal descendants, upon
notice, have failed to make a claim for the object.
(c) Standard of repatriation
If a known lineal descendant or an Indian tribe or Native
Hawaiian organization requests the return of Native American
unassociated funerary objects, sacred objects, or objects of
cultural patrimony pursuant to this subchapter and presents
evidence which, if standing alone before the introduction of
evidence to the contrary, would support a finding that the
Smithsonian Institution did not have the right of possession, then
the Smithsonian Institution shall return such objects unless it can
overcome such inference and prove that it has a right of possession
to the objects.
(d) Museum obligation
Any museum of the Smithsonian Institution which repatriates any
item in good faith pursuant to this subchapter shall not be liable
for claims by an aggrieved party or for claims of fiduciary duty,
public trust, or violations of applicable law that are inconsistent
with the provisions of this subchapter.
(e) Statutory construction
Nothing in this section may be construed to prevent the Secretary
of the Smithsonian Institution, with respect to any museum of the
Smithsonian Institution, from making an inventory or preparing a
written summary or carrying out the repatriation of unassociated
funerary objects, sacred objects, or objects of cultural patrimony
in a manner that exceeds the requirements of this subchapter.
(f) "Native Hawaiian organization" defined
For purposes of this section, the term "Native Hawaiian
organization" has the meaning provided that term in section
3001(11) of title 25.