---
kind: "section"
citation: "20 U.S.C. § 80q–11"
title: "20"
title_heading: "Education"
number: "80q–11"
heading: "Inventory, identification, and return of Native Hawaiian human remains and Native Hawaiian funerary objects in possession of Smithsonian Institution"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/80q-11"
units:
  - "Chapter 3 — Smithsonian Institution, National Museums and Art Galleries"
  - "Subchapter XIII — National Museum of the American Indian"
---

# §80q–11. Inventory, identification, and return of Native Hawaiian human remains and Native Hawaiian funerary objects in possession of Smithsonian Institution

- (a) **In general—** The [Secretary](/usc/20/1221.md?p=c-4) of the Smithsonian Institution shall—
  - (1) in conjunction with the inventory and identification under [section 80q–9 of this title](/usc/20/80q–9.md), inventory and identify the [Native Hawaiian](/usc/20/80q–14.md?p=11) human remains and [Native Hawaiian](/usc/20/80q–14.md?p=11) [funerary objects](/usc/20/80q–14.md?p=4) in the possession of the Smithsonian Institution;
  - (2) enter into an agreement with appropriate [Native Hawaiian](/usc/20/80q–14.md?p=11) organizations with expertise in [Native Hawaiian](/usc/20/80q–14.md?p=11) affairs (which may include the Office of Hawaiian Affairs and the Malama I Na Kupuna O Hawai’i Nei) to provide for the return of such human remains nd[^1] [funerary objects](/usc/20/80q–14.md?p=4); and
  - (3) to the greatest extent practicable, apply, with respect to such human remains and [funerary objects](/usc/20/80q–14.md?p=4), the principles and procedures set forth in sections [80q–9](/usc/20/80q–9.md) and [80q–10](/usc/20/80q–10.md) of this title with respect to the [Indian](/usc/20/80q–14.md?p=7) human remains and [Indian](/usc/20/80q–14.md?p=7) [funerary objects](/usc/20/80q–14.md?p=4) in the possession of the Smithsonian Institution.
- (b) **Definitions—** As used in this section—
  - (1) the term “Malama I Na Kupuna O Hawai’i Nei” means the nonprofit, [Native Hawaiian](/usc/20/80q–14.md?p=11) organization, incorporated under the laws of the State of Hawaii by that name on April 17, 1989, the purpose of which is to provide guidance and expertise in decisions dealing with [Native Hawaiian](/usc/20/80q–14.md?p=11) cultural issues, particularly burial issues; and
  - (2) the term “Office of Hawaiian Affairs” means the Office of Hawaiian Affairs established by the Constitution of the State of Hawaii.

## Footnotes

[^1]: So in original. Probably should be “and”.

## Source credit

(Pub. L. 101–185, § 13, Nov. 28, 1989, 103 Stat. 1345.)