---
kind: "section"
citation: "20 U.S.C. § 80q–9"
title: "20"
title_heading: "Education"
number: "80q–9"
heading: "Inventory, identification, and return of Indian human remains and Indian funerary objects in possession of Smithsonian Institution"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/80q-9"
units:
  - "Chapter 3 — Smithsonian Institution, National Museums and Art Galleries"
  - "Subchapter XIII — National Museum of the American Indian"
---

# §80q–9. Inventory, identification, and return of Indian human remains and Indian funerary objects in possession of Smithsonian Institution

- (a) **Inventory and identification—**
  - (1) The [Secretary](/usc/20/1221.md?p=c-4) of the Smithsonian Institution, in consultation and cooperation with traditional [Indian](/usc/20/80q–14.md?p=7) religious leaders and government officials of [Indian tribes](/usc/20/80q–14.md?p=8), shall—
    - (A) inventory 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 or control of the Smithsonian Institution; and
    - (B) using the best available scientific and historical documentation, identify the origins of such remains and objects.
  - (2) The inventory made by the [Secretary](/usc/20/1221.md?p=c-4) of the Smithsonian Institution under [paragraph (1)](#a-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)](#a-1).
- (b) **Notice in case of identification of tribal origin—** If the tribal origin of any [Indian](/usc/20/80q–14.md?p=7) human remains or [Indian](/usc/20/80q–14.md?p=7) [funerary object](/usc/20/80q–14.md?p=4) is identified by a preponderance of the evidence, the [Secretary](/usc/20/1221.md?p=c-4) shall so notify any affected [Indian tribe](/usc/20/80q–14.md?p=8) at the earliest opportunity.
- (c) **Return of Indian human remains and associated Indian funerary objects—** If any [Indian](/usc/20/80q–14.md?p=7) human remains are identified by a preponderance of the evidence as those of a particular individual or as those of an individual culturally affiliated with a particular [Indian tribe](/usc/20/80q–14.md?p=8), the [Secretary](/usc/20/1221.md?p=c-4), upon the request of the descendants of such individual or of the [Indian tribe](/usc/20/80q–14.md?p=8) shall expeditiously return such remains (together with any associated [funerary objects](/usc/20/80q–14.md?p=4)) to the descendants or tribe, as the case may be.
- (d) **Return of Indian funerary objects not associated with Indian human remains—** If any [Indian](/usc/20/80q–14.md?p=7) [funerary object](/usc/20/80q–14.md?p=4) not associated with [Indian](/usc/20/80q–14.md?p=7) human remains is identified by a preponderance of the evidence as having been removed from a specific [burial site](/usc/20/80q–14.md?p=3) of an individual culturally affiliated with a particular [Indian tribe](/usc/20/80q–14.md?p=8), the [Secretary](/usc/20/1221.md?p=c-4), upon the request of the [Indian tribe](/usc/20/80q–14.md?p=8), shall expeditiously return such object to the tribe.
- (e) **Interpretation—** Nothing in this section shall be interpreted as—
  - (1) limiting the authority of the Smithsonian Institution to return or repatriate [Indian](/usc/20/80q–14.md?p=7) human remains or [Indian](/usc/20/80q–14.md?p=7) [funerary objects](/usc/20/80q–14.md?p=4) to [Indian tribes](/usc/20/80q–14.md?p=8) or individuals; or
  - (2) delaying actions on pending repatriation requests, denying or otherwise affecting access to the courts, or limiting any procedural or substantive rights which may otherwise be secured to [Indian tribes](/usc/20/80q–14.md?p=8) or individuals.
- (f) **Authorization of appropriations—** There is authorized to be appropriated $1,000,000 for fiscal year 1991 and such sums as may be necessary for succeeding fiscal years to carry out this section and [section 80q–9a of this title](/usc/20/80q–9a.md).

## Source credit

(Pub. L. 101–185, § 11, Nov. 28, 1989, 103 Stat. 1343; Pub. L. 104–278, § 3, Oct. 9, 1996, 110 Stat. 3355.)

## Notes

### Editorial Notes

### Amendments

1996—Subsec. (a). Pub. L. 104–278, § 3(a), designated existing provisions as par. (1), added pars. (2) and (3), and redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1).

Subsec. (f). Pub. L. 104–278, § 3(b), inserted “and section 80q–9a of this title” after “to carry out this section”.