20 U.S.C. § 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, working with traditional Indian religious leaders and Indian tribal officials, must inventory the Indian human remains and funerary objects the Smithsonian possesses or controls, and identify where they came from using the best available scientific and historical evidence. (2) This inventory had to be finished by June 1, 1998. (3) For this subsection, "inventory" means a simple, itemized list that identifies, as far as practical using information the Smithsonian has, the geographic and cultural origin of the remains and objects. (b) Notice: If a preponderance of the evidence identifies the tribal origin of any Indian human remains or funerary object, the Secretary must notify the affected Indian tribe as soon as possible. (c) Returning remains and associated objects: If a preponderance of the evidence identifies Indian human remains as belonging to a specific person, or to a person culturally connected to a specific Indian tribe, the Secretary must promptly return those remains — along with any associated funerary objects — to the descendants or the tribe, whichever requests them. (d) Returning unassociated funerary objects: If a preponderance of the evidence shows an Indian funerary object not linked to human remains was taken from a specific burial site of a person culturally connected to a particular Indian tribe, the Secretary must promptly return that object to the tribe if it asks. (e) What this section does not do: Nothing here (1) limits the Smithsonian's authority to return or repatriate remains or objects to Indian tribes or individuals on its own; or (2) delays action on pending repatriation requests, blocks access to the courts, or limits any procedural or substantive rights Indian tribes or individuals otherwise have. (f) Appropriations: Congress authorized $1,000,000 for fiscal year 1991, and whatever sums are needed for later years, to carry out this section and section 80q–9a.