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20 U.S.C. § 80q–11Inventory, identification, and return of Native Hawaiian human remains and Native Hawaiian funerary objects in possession of Smithsonian Institution

submitted 37 years ago by Pub. L. 101-185 to r/title-20-EDUCATION · 224 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must inventory and identify Native Hawaiian human remains and funerary objects held by the Smithsonian. The Secretary must work with Native Hawaiian organizations to return these remains and objects. As much as possible, the same rules used for Indian remains apply here too.

(a) General requirements: The Secretary of the Smithsonian Institution must: (1) inventory and identify Native Hawaiian human remains and funerary objects in the Smithsonian's possession, alongside the inventory required by section 80q–9; (2) make an agreement with appropriate Native Hawaiian organizations that have expertise in Native Hawaiian affairs (which may include the Office of Hawaiian Affairs and the Malama I Na Kupuna O Hawai'i Nei) to arrange the return of these remains and objects; and (3) apply, as much as practical, the same principles and procedures used in sections 80q–9 and 80q–10 for Indian human remains and funerary objects. (b) Definitions: (1) "Malama I Na Kupuna O Hawai'i Nei" means the nonprofit Native Hawaiian organization incorporated under Hawaii law on April 17, 1989, whose purpose is giving guidance and expertise on Native Hawaiian cultural issues, especially burial issues. (2) "Office of Hawaiian Affairs" means the Office of Hawaiian Affairs created by Hawaii's state Constitution.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary of the Smithsonian Institution shall—

(1)

in conjunction with the inventory and identification under section 80q–9 of this title, inventory and identify the Native Hawaiian human remains and Native Hawaiian funerary objects in the possession of the Smithsonian Institution;

(2)

enter into an agreement with appropriate Native Hawaiian organizations with expertise in Native Hawaiian affairs (which may include the Office of Hawaiian Affairs and the Malama I Na Kupuna O Hawai’i Nei) to provide for the return of such human remains nd 1 funerary objects; and

(3)

to the greatest extent practicable, apply, with respect to such human remains and funerary objects, the principles and procedures set forth in sections 80q–9 and 80q–10 of this title with respect to the Indian human remains and Indian funerary objects in the possession of the Smithsonian Institution.

(b) Definitions

As used in this section—

(1)

the term “Malama I Na Kupuna O Hawai’i Nei” means the nonprofit, Native Hawaiian organization, incorporated under the laws of the State of Hawaii by that name on April 17, 1989, the purpose of which is to provide guidance and expertise in decisions dealing with Native Hawaiian cultural issues, particularly burial issues; and

(2)

the term “Office of Hawaiian Affairs” means the Office of Hawaiian Affairs established by the Constitution of the State of Hawaii.

Source credit: (Pub. L. 101–185, § 13, Nov. 28, 1989, 103 Stat. 1345.)

history & why it existsrecord from the source credit
  • 1989Enacted · Pub. L. 101-185 · 103 Stat. 1345

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-185 on 1989-11-28.

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