National Museum of the American Indian Act Amendments of 1996
PL 104-278 (S.1970), enacted 10/09/1996

PUBLIC LAW 104-278—OCT. 9, 1996 
110 STAT. 3355 
Public Law 104-278 
104th Congress 
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 AmericEin 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. SOq et seq.). 
SEC. 2. BOARD OF TRUSTEES. 
Section 5(f)(1)(B) (20 U.S.C. 80q-3(f)(l)(B)) is amended by strik-
ing "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 amend-
ed— 
(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 Institu-
tion, 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 llA". 
SEC. 4. SUMMARY AND REPATRIATION OF UNASSOCIATED FUNERARY 
OBJECTS, SACRED OBJECTS, AND CULTURAL PATRIMONY. 
The National Museum of the Americgm^ Indian Act (20 U.S.C. 
80q et seq.) is amended by inserting after section 11 the following 
new section: 
Oct. 9, 1996 
[S. 1970] 
National 
Museum of the 
American Indian 
Act Amendments 
of 1996. 
20 u s e SOq note. 
110 STAT. 3356 
PUBLIC LAW 104-278—OCT. 9, 1996 
20USC80q-9a. 
"SEC. 11 
A. SUMMARY 
AND 
REPATRIATION 
OF 
UNASSOCIATED 
FUNERARY OBJECTS, SACRED OBJECTS, AND CULTURAL 
PATRIMONY. 
"(a) SUMMARY.—Not later than December 31, 1996, the Sec-
retary of the Smithsonian Institution shall provide a written sum-
mary 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 Repatri-
ation 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 Amer-
ican 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 c£in 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 opin-
ion, 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 Institu-
tion, with respect to any museum of the Smithsonian Institution, 
PUBLIC LAW 104-278—OCT. 9, 1996 
110 STAT. 3357 
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 11 
A" 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". 
Approved October 9, 1996. 
LEGISLATIVE HISTORY—S. 1970: 
SENATE REPORTS: No. 104-350 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
Sept. 5, considered and passed Senate. 
Sept. 26, considered and passed House.