[104th Congress Public Law 278]
[From the U.S. Government Printing Office]


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[DOCID: f:publ278.104]


[[Page 110 STAT. 3355]]

Public Law 104-278
104th Congress

                                 An Act


 
<<NOTE: Oct. 9, 1996 -  [S. 1970]>> 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, <<NOTE: National Museum 
of the American Indian Act Amendments of 1996. 20 USC 80q note.>> 

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:

[[Page 110 STAT. 3356]]

<<NOTE: 20 USC 80q-9a.>> ``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,

[[Page 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 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''.

    Approved October 9, 1996.

LEGISLATIVE HISTORY--S. 1970:
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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.

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