 
 CHAPTER 3--SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES
 
         SUBCHAPTER XIII--NATIONAL MUSEUM OF THE AMERICAN INDIAN
 
Sec. 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.

(Pub. L. 101-185, Sec. 11, Nov. 28, 1989, 103 Stat. 1343; Pub. L. 104-
278, Sec. 3, Oct. 9, 1996, 110 Stat. 3355.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-278, Sec. 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, Sec. 3(b), inserted ``and section 80q-
9a of this title'' after ``to carry out this section''.

                  Section Referred to in Other Sections

    This section is referred to in sections 80q-10, 80q-11, 80q-12, 80q-
15 of this title.
