SD 600 Chapter 16.3: Human Remains Not Subject to the NMAI Act

The Smithsonian Institution has thousands of human remains in its collection that are not covered by the repatriation provisions of the NMAI Act or otherwise subject to section 16.2 above. Most of these remains came into the Smithsonian’s custody in the 19th and early to mid-20th century and were intended to be used for scientific research. While this research could have legitimate and beneficial purposes (for example, the study of medical conditions of humans; understanding ancient peoples and human origins), it also supported what has come to be known as “scientific racism” and sought to support racial determinism and the ideology of white supremacy. This history is thoroughly reviewed in the Human Remains Task Force Report to the Secretary (January 10, 2024).
The continued retention of these human remains prolongs harm and is fundamentally inconsistent with the Smithsonian’s ethical standards and institutional values. The Smithsonian is committed to respectfully caring for human remains in its custody and to returning the remains of individuals who did not consent to being in Smithsonian custody to their lineal descendants or relatives, descendant communities, and organizations of interest, while working collaboratively and in consultation with descendants and communities throughout this process. This process may take considerable time and may also cause further harm to individuals, families, or communities. The Smithsonian will try to the greatest extent possible to do this work expeditiously and to minimize such harm.
For purposes of this policy, “human remains” means the physical remains of a human body, or any part thereof, whether or not naturally shed, freely given, or culturally modified. For purposes of this policy, this definition does not include human remains covered by the repatriation provisions of the NMAI Act or human remains freely given constituted in material objects. This definition also does not include non-Native American remains greater than 10,000 years old.
The Smithsonian adheres to the following policies regarding the respectful treatment and return of human remains not subject to the NMAI Act in its care:

• Inventory. Any collecting unit that has in its care human remains will conduct an inventory of those human remains as expeditiously as possible while it implements the substantive requirements of this policy.
• Return.
  • Any collecting unit that has in its care human remains will, with all practicable speed and consistent with its authority for the remains and applicable law, offer to return the remains of individuals who did not consent to being in Smithsonian custody to their lineal descendants or relatives (for remains of persons whose names are known), descendant communities, and organizations of interest, as applicable.
  • The Smithsonian will respectfully engage, consult, and work collaboratively with lineal descendants or relatives, descendant communities, and organizations of interest throughout this process. Ultimate decisions regarding return of human remains will be determined by lineal descendants or relatives, descendant communities, and organizations of interest, as applicable.
  • Reasonable efforts should be made to identify lineal descendants of the deceased individuals currently in the custody of the Smithsonian.
  • When lineal descendants cannot be found after reasonable efforts, the deceased individual’s community or an appropriate organization of interest should be identified, and decisions regarding the care and disposition of the remains should be made in conjunction with the descendant community or organization of interest. If a descendant community or organization of interest cannot be identified, or if the appropriate community cannot achieve consensus, the collecting unit, in consultation with the appropriate Under Secretary, may consider a process for burial or reburial (including after cremation in appropriate circumstances) and memorialization on behalf of the deceased individual.
  • If another institution has ultimate authority or stewardship responsibility for human remains in the Smithsonian’s possession, the Smithsonian should work collaboratively with that institution to the extent possible to return the remains in a manner consistent with this policy.
• Requests for Return. Any collecting unit that has in its care human remains must establish and implement readily accessible processes for lineal descendants or relatives, descendant communities, and organizations of interest, as applicable, to request the return of human remains. These processes shall prioritize transparency, respectful engagement, meaningful consultation, and prompt responses to requests.
• Review of Denials of Requests for Return. Before a collecting unit may deny a request for return of human remains, the collecting unit must consult with the appropriate Under Secretary.
• Acquisition. Human remains may not be collected or otherwise acquired except in rare circumstances with the documented and informed consent of the deceased individual or, in appropriate circumstances, their lineal descendants or descendant communities, and subject to the approval of the appropriate Under Secretary.
• Display. Human remains may be displayed at the Smithsonian (in exhibition, print, or online) only with the approval of the appropriate Under Secretary and the documented and informed consent of the deceased individual or, in appropriate circumstances, their lineal descendants or descendant communities.
• Research. Research on human remains in the custody of the Smithsonian must be subject to scholarly review and may be conducted only with the approval of the appropriate Under Secretary and the informed consent of the deceased individual or, in appropriate circumstances, their lineal descendants or descendant communities. Destructive analysis on human remains, including for purposes of identification, may not be conducted except in rare circumstances with the documented and informed consent of the deceased individual or, in appropriate circumstances, their lineal descendants or descendant communities, and subject to the approval of the appropriate Under Secretary.
• Loans. Notwithstanding the general provisions for research above, human remains may not be loaned or borrowed except with the informed consent of the deceased individual or for the sole purpose of forensic consultations with domestic or international law enforcement authorities and subject to the approval of the appropriate Under Secretary.
• Images and Data. Subject to SD 807, Requests for Smithsonian Institution Information, access to images directly depicting human remains and data directly related to the deceased individual may not be permitted except (i) for the sole purpose of forensic consultations with domestic or international law enforcement authorities and subject to the approval of the appropriate Under Secretary or (ii) with the documented and informed consent of the deceased individual or, in appropriate circumstances, their lineal descendants or descendant communities, and subject to the approval of the appropriate Under Secretary.
• Reporting and Record Keeping. Any collecting unit that has in its care human remains shall report annually, in writing, to the Under Secretary for Science and Research and the Under Secretary for Museums and Culture on their implementation of this policy, including with respect to their progress in returning human remains and the other areas addressed in this policy. The National Museum of Natural History’s Human Dignity Office shall maintain records of all returns and written determinations made under this policy.
• Publication. The Smithsonian will maintain a public website on which it will report returns of human remains made in accordance with this directive (including burials, reburials, and memorialization) in a manner that protects the privacy and dignity of the deceased individual(s).