S. 1970

One Hundred Fourth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, one thousand nine hundred and ninety-six

An Act

To amend the National Museum of the American Indian Act to make improvements

in the Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES.

(a) SHORT TITLE.—This Act may be cited as the ‘‘National

Museum of the American Indian Act Amendments of 1996’’.

(b) REFERENCES.—Whenever in this Act an amendment or

repeal is expressed in terms of an amendment to or repeal of

a section or other provision, the reference shall be considered to

be made to a section or other provision of the National Museum

of the American Indian Act (20 U.S.C. 80q et seq.).

SEC. 2. BOARD OF TRUSTEES.

Section 5(f)(1)(B) (20 U.S.C. 80q–3(f)(1)(B)) is amended by striking ‘‘an Assistant Secretary’’ and inserting ‘‘a senior official’’.

SEC. 3. INVENTORY.

(a) IN GENERAL.—Section 11(a) (20 U.S.C. 80q–9(a)) is amended—

(1) by striking ‘‘(1)’’ and inserting ‘‘(A)’’;

(2) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;

(3) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; and

(4) by adding at the end the following new paragraphs:

‘‘(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) AUTHORIZATION OF APPROPRIATIONS.—Section 11(f) (20

U.S.C. 80q–9(f)) is amended by striking ‘‘to carry out this section’’

and inserting ‘‘to carry out this section and section 11A’’.

SEC. 4. SUMMARY AND REPATRIATION OF UNASSOCIATED FUNERARY

OBJECTS, SACRED OBJECTS, AND CULTURAL PATRIMONY.

The National Museum of the American Indian Act (20 U.S.C.

80q et seq.) is amended by inserting after section 11 the following

new section:
S. 1970—2

‘‘SEC. 11A. 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 2(3) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001(3)), 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 6 of the Native American Graves Protection and

Repatriation Act (25 U.S.C. 3004).

‘‘(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), 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 Act 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 Act 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 Act.

‘‘(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,
S. 1970—3

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 Act.

‘‘(f) NATIVE HAWAIIAN ORGANIZATION DEFINED.—For purposes

of this section, the term ‘Native Hawaiian organization’ has the

meaning provided that term in section 2(11) of the Native American

Graves Protection and Repatriation Act (25 U.S.C. 3001(11)).’’.

SEC. 5. SPECIAL COMMITTEE.

Section 12 (20 U.S.C. 80q–10) is amended—

(1) in the first sentence of subsection (a), by inserting

‘‘and unassociated funerary objects, sacred objects, and objects

of cultural patrimony under section 11A’’ before the period;

and

(2) in subsection (b)—

(A) in the matter preceding paragraph (1), by striking

‘‘five’’ and inserting ‘‘7’’;

(B) in paragraph (1)—

(i) by striking ‘‘three’’ and inserting ‘‘4’’; and

(ii) by striking ‘‘and’’ at the end;

(C) by redesignating paragraph (2) as paragraph (3);

and

(D) by inserting after paragraph (1) the following:

‘‘(2) at least 2 members shall be traditional Indian religious

leaders; and’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.