U.S. Code » Title 20 » Chapter CHAPTER 3— SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES › Subchapter SUBCHAPTER XIII— NATIONAL MUSEUM OF THE AMERICAN INDIAN

20 U.S.C. § 80q

Findings

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The Congress finds that—(1) there is no national museum devoted exclusively to the history and art of cultures indigenous to the Americas;(2) although the Smithsonian Institution sponsors extensive Native American programs, none of its 19 museums, galleries, and major research facilities is devoted exclusively to Native American history and art;(3) the Heye Museum in New York, New York, one of the largest Native American collections in the world, has more than 1,000,000 art objects and artifacts and a library of 40,000 volumes relating to the archaeology, ethnology, and history of Native American peoples;(4) the Heye Museum is housed in facilities with a total area of 90,000 square feet, but requires a minimum of 400,000 square feet for exhibition, storage, and scholarly research;(5) the bringing together of the Heye Museum collection and the Native American collection of the Smithsonian Institution would—(A) create a national institution with un­rivaled capability for exhibition and research;(B) give all Americans the opportunity to learn of the cultural legacy, historic grandeur, and contemporary culture of Native Americans;(C) provide facilities for scholarly meetings and the performing arts;(D) make available curatorial and other learning opportunities for Indians; and(E) make possible traveling exhibitions to communities throughout the Nation;(6) by order of the Surgeon General of the Army, approximately 4,000 Indian human remains from battlefields and burial sites were sent to the Army Medical Museum and were later transferred to the Smithsonian Institution;(7) through archaeological excavations, individual donations, and museum donations, the Smithsonian Institution has acquired approximately 14,000 additional Indian human remains;(8) the human remains referred to in paragraphs (6) and (7) have long been a matter of concern for many Indian tribes, including Alaska Native Villages, and Native Hawaiian communities which are determined to provide an appropriate resting place for their ancestors;(9) identification of the origins of such human remains is essential to addressing that concern; and(10) an extraordinary site on the National Mall in the District of Columbia (U.S. Government Reservation No. 6) is reserved for the use of the Smithsonian Institution and is available for construction of the National Museum of the American Indian.(Pub. L. 101–185, § 2, Nov. 28, 1989, 103 Stat. 1336.)Statutory Notes and Related SubsidiariesShort Title of 2013 Amendment

Pub. L. 113–70, § 1, Dec. 26, 2013, 127 Stat. 1208, provided that: “This Act [amending provisions set out as a note under section 80q–5 of this title] may be cited as the ‘Native American Veterans’ Memorial Amendments Act of 2013’.”

Short Title of 1996 Amendment

Pub. L. 104–278, § 1(a), Oct. 9, 1996, 110 Stat. 3355, provided that: “This Act [enacting section 80q–9a of this title and amending sections 80q–3, 80q–9, and 80q–10 of this title] may be cited as the ‘National Museum of the American Indian Act Amendments of 1996’.”

Short Title

Pub. L. 101–185, § 1, Nov. 28, 1989, 103 Stat. 1336, provided that: “This Act [enacting this subchapter] may be cited as the ‘National Museum of the American Indian Act’.”

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1994–2026 · leading case: Maine Cmty. Health Options v. United States, 140 S. Ct. 1308 (2020).
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Maine Cmty. Health Options v. United States, 140 S. Ct. 1308 (2020). “§§45f, 410aa–1, 426n, 459e–1, 460m–16, 698f, 1852; 20 U. S. C. §§80q–5, 1070a, 1134b, 1161g; 22 U.”
Rice v. Cayetano, 963 F. Supp. 1547 (D. Haw. 1997). · cites it 2× “§ 1996 ); the National Museum of the American Indian Act (20 U.S.C. § 80q et seq.); the Native American Graves Protection and Repatriation Act ( 25 U.”
Doe Ex Rel. Doe v. Kamehameha Schs./Bernice Pauahi Bishop Est., 295 F. Supp. 2d 1141 (D. Haw. 2003). “§ 1996 ); (C) the National Museum of the American Indian Act (20 U.S.C. §§ 80q et seq.); (D) the Native American Graves Protection and Repatriation Act ( 25 U.”
Bd. of Trs. of the Museum of the Am. Indian v. Bd. of Trs. of the Huntington Free Library & Reading Room, 197 A.D.2d 64 (N.Y. App. Div. 1994). “National Museum of the American Indian Act, 20 USC § 80q et seq., added by Pub L 101-185,103 US Stat 1336.”
Rice v. Cayetano, 941 F. Supp. 1529 (D. Haw. 1996). “§ 1996 ), the National Museum of the American Indian Act (20 U.S.C. § 80q et seq.), the Native American Graves Protection and Repatriation Act ( 25 U.”
Doe Ex Rel. Doe v. Kamehameha Schs./Bernice Pauahi Bishop Est., 416 F.3d 1025 (9th Cir. 2005). · cites it 2× “KAMEHAMEHA SCHOOLS § 470-1(2) (to “provide leadership in the preservation of the prehistoric and historic resources of the United States and of the international community of nations and in the administra- tion of the national preservation program in partnership with States,…”
Winnebago Tribe of Nebraska v. United States Dep't of the Army (4th Cir. 2026). “1336 , 1343 (1989) (codified at 20 U.S.C. § 80q et seq.). 26 USCA4 Appeal: 24-2081 Doc: 66 Filed: 05/14/2026 Pg: 27 of 41 But Congress wanted to go further than just the Smithsonian.”
— 20 U.S.C. § 80q(8) — 1 case
Doe Ex Rel. Doe v. Kamehameha Schs./Bernice Pauahi Bishop Est., 416 F.3d 1025 (9th Cir. 2005). “KAMEHAMEHA SCHOOLS § 470-1(2) (to “provide leadership in the preservation of the prehistoric and historic resources of the United States and of the international community of nations and in the administra- tion of the national preservation program in partnership with States,…”
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