[104th Congress Public Law 278]
[From the U.S. Government Printing Office]
<DOC>
[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:
---------------------------------------------------------------------------
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.
<all>