[117th Congress Public Law 258]
[From the U.S. Government Publishing Office]
[[Page 2371]]
SAFEGUARD TRIBAL OBJECTS OF PATRIMONY ACT OF 2021
[[Page 136 STAT. 2372]]
Public Law 117-258
117th Congress
An Act
To enhance protections of Native American tangible cultural heritage,
and for other purposes. <<NOTE: Dec. 21, 2022 - [H.R. 2930]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Safeguard Tribal
Objects of Patrimony Act of 2021. 25 USC 3071 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguard Tribal Objects of Patrimony
Act of 2021''.
SEC. 2. <<NOTE: 25 USC 3071.>> PURPOSES.
The purposes of this Act are--
(1) to carry out the trust responsibility of the United
States to Indian Tribes;
(2) to increase the maximum penalty for actions taken in
violation of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.) (including section
1170 of title 18, United States Code, as added by that Act), in
order to strengthen deterrence;
(3) to stop the export, and facilitate the international
repatriation, of cultural items prohibited from being trafficked
by the Native American Graves Protection and Repatriation Act
(25 U.S.C. 3001 et seq.) (including section 1170 of title 18,
United States Code, as added by that Act) and archaeological
resources prohibited from being trafficked by the Archaeological
Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) by--
(A) explicitly prohibiting the export;
(B) creating an export certification system; and
(C) confirming the authority of the President to
request from foreign nations agreements or provisional
measures to prevent irremediable damage to Native
American cultural heritage;
(4) to establish a Federal framework in order to support the
voluntary return by individuals and organizations of items of
tangible cultural heritage, including items covered by the
Native American Graves Protection and Repatriation Act (25
U.S.C. 3001 et seq.) (including section 1170 of title 18, United
States Code, as added by that Act) and the Archaeological
Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.);
(5) to establish an interagency working group to ensure
communication between Federal agencies to successfully implement
this Act, the Native American Graves Protection and Repatriation
Act (25 U.S.C. 3001 et seq.) (including section 1170 of title
18, United States Code, as added by that Act),
[[Page 136 STAT. 2373]]
the Archaeological Resources Protection Act of 1979 (16 U.S.C.
470aa et seq.), and other relevant Federal laws;
(6) to establish a Native working group of Indian Tribes and
Native Hawaiian organizations to assist in the implementation of
this Act, the Native American Graves Protection and Repatriation
Act (25 U.S.C. 3001 et seq.) (including section 1170 of title
18, United States Code, as added by that Act), the
Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa
et seq.), and other relevant Federal laws;
(7) to exempt from disclosure under section 552 of title 5,
United States Code (commonly known as the ``Freedom of
Information Act'')--
(A) information submitted by Indian Tribes or Native
Hawaiian organizations pursuant to this Act; and
(B) information relating to an Item Requiring Export
Certification for which an export certification was
denied pursuant to this Act; and
(8) to encourage buyers to purchase legal contemporary art
made by Native artists for commercial purposes.
SEC. 3. <<NOTE: 25 USC 3072.>> DEFINITIONS.
In this Act:
(1) Archaeological resource.--The term ``archaeological
resource'' means an archaeological resource (as defined in
section 3 of the Archaeological Resources Protection Act of 1979
(16 U.S.C. 470bb)) that is Native American.
(2) Cultural affiliation.--The term ``cultural affiliation''
means that there is a relationship of shared group identity that
can be reasonably traced historically or prehistorically between
a present day Indian Tribe or Native Hawaiian organization and
an identifiable earlier group.
(3) Cultural item.--The term ``cultural item'' means any 1
or more cultural items (as defined in section 2 of the Native
American Graves Protection and Repatriation Act (25 U.S.C.
3001)).
(4) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term ``Indian tribe'' in section 2 of the Native
American Graves Protection and Repatriation Act (25 U.S.C.
3001).
(5) Item prohibited from exportation.--The term ``Item
Prohibited from Exportation'' means--
(A) a cultural item prohibited from being
trafficked, including through sale, purchase, use for
profit, or transport for sale or profit, by--
(i) section 1170(b) of title 18, United States
Code, as added by the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001 et
seq.); or
(ii) any other Federal law or treaty; and
(B) an archaeological resource prohibited from being
trafficked, including through sale, purchase, exchange,
transport, receipt, or offer to sell, purchase, or
exchange, including in interstate or foreign commerce,
by--
(i) subsections (b) and (c) of section 6 of
the Archaeological Resources Protection Act of
1979 (16 U.S.C. 470ee); or
(ii) any other Federal law or treaty.
(6) Item requiring export certification.--
[[Page 136 STAT. 2374]]
(A) In general.--The term ``Item Requiring Export
Certification'' means--
(i) a cultural item; and
(ii) an archaeological resource.
(B) Exclusion.--The term ``Item Requiring Export
Certification'' does not include an item described in
clause (i) or (ii) of subparagraph (A) for which an
Indian Tribe or Native Hawaiian organization with a
cultural affiliation with the item has provided a
certificate authorizing exportation of the item.
(7) Native american.--The term ``Native American'' means--
(A) Native American (as defined in section 2 of the
Native American Graves Protection and Repatriation Act
(25 U.S.C. 3001)); and
(B) Native Hawaiian (as so defined).
(8) Native hawaiian organization.--The term ``Native
Hawaiian organization'' has the meaning given the term in
section 2 of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001).
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(10) Tangible cultural heritage.--The term ``tangible
cultural heritage'' means--
(A) Native American human remains; or
(B) culturally, historically, or archaeologically
significant objects, resources, patrimony, or other
items that are affiliated with a Native American
culture.
SEC. 4. ENHANCED NAGPRA PENALTIES.
Section 1170 of title 18, United States Code, is amended--
(1) by striking ``5 years'' each place it appears and
inserting ``10 years''; and
(2) in subsection (a), by striking ``12 months'' and
inserting ``1 year and 1 day''.
SEC. 5. <<NOTE: 25 USC 3073.>> EXPORT PROHIBITIONS; EXPORT
CERTIFICATION SYSTEM; INTERNATIONAL
AGREEMENTS.
(a) Export Prohibitions.--
(1) In general.--It shall be unlawful for any person--
(A) to export, attempt to export, or otherwise
transport from the United States any Item Prohibited
from Exportation;
(B) to conspire with any person to engage in an
activity described in subparagraph (A); or
(C) to conceal an activity described in subparagraph
(A).
(2) Penalties.--Any person who violates paragraph (1) and
knows, or in the exercise of due care should have known, that
the Item Prohibited from Exportation was taken, possessed,
transported, or sold in violation of, or in a manner unlawful
under, any Federal law or treaty, shall be fined in accordance
with section 3571 of title 18, United States Code, imprisoned
for not more than 1 year and 1 day for a first violation, and
not more than 10 years for a second or subsequent violation, or
both.
(3) Detention, forfeiture, and repatriation.--
[[Page 136 STAT. 2375]]
(A) Detention and delivery.--The Secretary of
Homeland Security, acting through the Commissioner of
U.S. Customs and Border Protection, shall--
(i) detain any Item Prohibited from
Exportation that is exported, attempted to be
exported, or otherwise transported from the United
States in violation of paragraph (1); and
(ii) deliver the Item Prohibited from
Exportation to the Secretary.
(B) Forfeiture.--Any Item Prohibited from
Exportation that is exported, attempted to be exported,
or otherwise transported from the United States in
violation of paragraph (1) shall be subject to
forfeiture to the United States in accordance with
chapter 46 of title 18, United States Code (including
section 983(c) of that chapter).
(C) Repatriation.--Any Item Prohibited from
Exportation that is forfeited under subparagraph (B)
shall be expeditiously repatriated to the appropriate
Indian Tribe or Native Hawaiian organization in
accordance with, as applicable--
(i) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.)
(including section 1170 of title 18, United States
Code, as added by that Act); or
(ii) the Archaeological Resources Protection
Act of 1979 (16 U.S.C. 470aa et seq.).
(b) Export Certification System.--
(1) Export certification requirement.--
(A) In general.--No Item Requiring Export
Certification may be exported from the United States
without first having obtained an export certification in
accordance with this subsection.
(B) <<NOTE: Federal Register,
publication. Notice.>> Publication.--The Secretary, in
consultation with Indian Tribes and Native Hawaiian
organizations, shall publish in the Federal Register a
notice that includes--
(i) a description of characteristics typical
of Items Requiring Export Certification, which
shall--
(I) include the definitions of the
terms--
(aa) ``cultural items'' in
section 2 of the Native American
Graves Protection and
Repatriation Act (25 U.S.C.
3001); and
(bb) ``archaeological
resource'' in section 3 of the
Archaeological Resources
Protection Act of 1979 (16
U.S.C. 470bb);
(II) describe the provenance
requirements associated with the
trafficking prohibition applicable to--
(aa) cultural items under
section 1170(b) of title 18,
United States Code; and
(bb) archaeological
resources under subsections (b)
and (c) of section 6 of
Archaeological Resources
Protection Act of 1979 (16
U.S.C. 470ee);
(III)(aa) include the definitions of
the terms ``Native American'' and
``Native Hawaiian'' in section 2 of the
Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001); and
[[Page 136 STAT. 2376]]
(bb) describe how those terms apply
to archaeological resources under this
Act; and
(IV) be sufficiently specific and
precise to ensure that--
(aa) an export certification
is required only for Items
Requiring Export Certification;
and
(bb) fair notice is given to
exporters and other persons
regarding which items require an
export certification under this
subsection; and
(ii) a description of characteristics typical
of items that do not qualify as Items Requiring
Export Certification and therefore do not require
an export certification under this subsection,
which shall clarify that--
(I) an item made solely for
commercial purposes is presumed to not
qualify as an Item Requiring Export
Certification, unless an Indian Tribe or
Native Hawaiian organization challenges
that presumption; and
(II) in some circumstances, receipts
or certifications issued by Indian
Tribes or Native Hawaiian organizations
with a cultural affiliation with an item
may be used as evidence to demonstrate a
particular item does not qualify as an
Item Requiring Export Certification.
(2) Eligibility for export certification.--An Item Requiring
Export Certification is eligible for an export certification
under this subsection if--
(A) the Item Requiring Export Certification is not
under ongoing Federal investigation;
(B) the export of the Item Requiring Export
Certification would not otherwise violate any other
provision of law; and
(C) the Item Requiring Export Certification--
(i) is not an Item Prohibited from
Exportation;
(ii) was excavated or removed pursuant to a
permit issued under section 4 of the
Archaeological Resources Protection Act of 1979
(16 U.S.C. 470cc) and in compliance with section
3(c) of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3002(c)), if the
permit for excavation or removal authorizes
export; or
(iii) is accompanied by written confirmation
from the Indian Tribe or Native Hawaiian
organization with authority to alienate the Item
Requiring Export Certification that--
(I) the exporter has a right of
possession (as defined in section 2 of
the Native American Graves Protection
and Repatriation Act (25 U.S.C. 3001))
of the Item Requiring Export
Certification; or
(II) the Indian Tribe or Native
Hawaiian organization has relinquished
title or control of the Item Requiring
Export Certification in accordance with
section 3 of the Native American Graves
Protection and Repatriation Act (25
U.S.C. 3002).
(3) Export certification application and issuance
procedures.--
[[Page 136 STAT. 2377]]
(A) Applications for export certification.--
(i) In general.--An exporter seeking to export
an Item Requiring Export Certification from the
United States shall submit to the Secretary an
export certification application in accordance
with clause (iii).
(ii) Consequences of false statement.--Any
willful or knowing false statement made on an
export certification application form under clause
(i) shall--
(I) subject the exporter to criminal
penalties pursuant to section 1001 of
title 18, United States Code; and
(II) prohibit the exporter from
receiving an export certification for
any Item Requiring Export Certification
in the future unless the exporter
submits additional evidence in
accordance with subparagraph
(B)(iii)(I).
(iii) Form of export certification
application.--The
Secretary, <<NOTE: Requirements.>> in
consultation with Indian Tribes and Native
Hawaiian organizations, and at the discretion of
the Secretary, in consultation with third parties
with relevant expertise, including institutions of
higher education, museums, dealers, and collector
organizations, shall develop an export
certification application form, which shall
require that an applicant--
(I) describe, and provide pictures
of, each Item Requiring Export
Certification that the applicant seeks
to export;
(II) include all available
information regarding the provenance of
each such Item Requiring Export
Certification; and
(III) include the attestation
described in subparagraph (B)(i).
(B) Evidence.--
(i) <<NOTE: Attestation.>> In general.--In
completing an export certification application
with respect to an Item Requiring Export
Certification that the exporter seeks to export,
the exporter shall attest that, to the best of the
knowledge and belief of the exporter, the exporter
is not attempting to export an Item Prohibited
from Exportation.
(ii) Sufficiency of attestation.--An
attestation under clause (i) shall be considered
to be sufficient evidence to support the
application of the exporter under subparagraph
(A)(iii)(III), on the condition that the exporter
is not required to provide additional evidence
under clause (iii)(I).
(iii) <<NOTE: Notifications.>> Additional
requirements.--
(I) <<NOTE: Determination.>> In
general.--The Secretary shall give
notice to an exporter that submits an
export certification application under
subparagraph (A)(i) that the exporter is
required to submit additional evidence
in accordance with subclause (III) if
the Secretary has determined under
subparagraph (A)(ii) that the exporter
made a willful or knowing false
statement on the application or any past
export certification application.
[[Page 136 STAT. 2378]]
(II) Delays or denials.--The
Secretary shall give notice to an
exporter that submits an export
certification application under
subparagraph (A)(i) that the exporter
may submit additional evidence in
accordance with subclause (III) if the
issuance of an export certification is--
(aa) delayed pursuant to the
examination by the Secretary of
the eligibility of the Item
Requiring Export Certification
for an export certification; or
(bb) denied by the Secretary
because the Secretary determined
that the Item Requiring Export
Certification is not eligible
for an export certification
under this subsection.
(III) Additional evidence.--On
receipt of notice under subclause (I),
an exporter shall, or on receipt of a
notice under subclause (II), an exporter
may, provide the Secretary with such
additional evidence as the Secretary may
require to establish that the Item
Requiring Export Certification is
eligible for an export certification
under this subsection.
(C) Database applications.--
(i) In general.--The Secretary shall establish
and maintain a secure central Federal database
information system (referred to in this
subparagraph as the ``database'') for the purpose
of making export certification applications
available to Indian Tribes and Native Hawaiian
organizations.
(ii) Collaboration required.--The Secretary
shall collaborate with Indian Tribes, Native
Hawaiian organizations, and the interagency
working group convened under section 7(a) in the
design and implementation of the database.
(iii) Availability.--Immediately on receipt of
an export certification application, the Secretary
shall make the export certification application
available on the database.
(iv) Deletion from database.--On request by an
Indian Tribe or Native Hawaiian organization, the
Secretary shall delete an export certification
application from the database.
(v) Technical assistance.--If an Indian Tribe
or Native Hawaiian organization lacks sufficient
resources to access the database or respond to
agency communications in a timely manner, the
Secretary, in consultation with Indian Tribes and
Native Hawaiian organizations, shall provide
technical assistance to facilitate that access or
response, as applicable.
(D) Issuance of export certification.--
(i) <<NOTE: Determination.>> On receipt of an
export certification application for an Item
Requiring Export Certification that meets the
requirements of subparagraphs (A) and (B), if the
Secretary, in consultation with Indian Tribes and
Native Hawaiian organizations with a cultural
affiliation with the Item Requiring Export
Certification,
[[Page 136 STAT. 2379]]
determines that the Item Requiring Export
Certification is eligible for an export
certification under paragraph (2), the Secretary
may issue an export certification for the Item
Requiring Export Certification.
(ii) <<NOTE: Deadlines. Reviews.>> On receipt
of an export certification application for an Item
Requiring Export Certification that meets the
requirements of subparagraphs (A) and (B)--
(I) <<NOTE: Notification.>> the
Secretary shall have 1 business day to
notify the relevant Indian Tribes and
Native Hawaiian Organizations of an
application for export of an Item
Requiring Export Certification;
(II) Indian Tribes and Native
Hawaiian organizations shall have 9
business days to review the export
certification application;
(III) if an Indian Tribe or Native
Hawaiian organization notifies the
Secretary that the Item Requiring Export
Certification may not be eligible for an
export certification under paragraph
(2), the Secretary shall have 7 business
days to review the application;
(IV) if no Indian Tribe or Native
Hawaiian organization so notifies the
Secretary, the Secretary shall have 1
business day to review the application;
(V) <<NOTE: Notification. Extension.>>
with notice to the exporter, the
Secretary may extend the review of an
application for up to 30 business days
if credible evidence is provided that
the Item Requiring Export Certification
may not be eligible for an export
certification under paragraph (2); and
(VI) <<NOTE: Determination.>> the
Secretary shall make a determination to
approve or deny the export certification
application within the time allotted.
(E) Revocation of export certification.--
(i) In general.--If credible evidence is
provided that indicates that an item that received
an export certification under subparagraph (D) is
not eligible for an export certification under
paragraph (2), the Secretary may immediately
revoke the export certification.
(ii) <<NOTE: Consultation.>> Determination.--
In determining whether a revocation is warranted
under clause (i), the Secretary shall consult with
Indian Tribes and Native Hawaiian organizations
with a cultural affiliation with the affected Item
Requiring Export Certification.
(4) Detention, forfeiture, repatriation, and return.--
(A) Detention and delivery.--The Secretary of
Homeland Security, acting through the Commissioner of
U.S. Customs and Border Protection, shall--
(i) detain any Item Requiring Export
Certification that an exporter attempts to export
or otherwise transport without an export
certification; and
(ii) deliver the Item Requiring Export
Certification to the Secretary, for seizure by the
Secretary.
(B) Forfeiture.--Any Item Requiring Export
Certification that is detained under subparagraph (A)(i)
shall be subject to forfeiture to the United States in
accordance
[[Page 136 STAT. 2380]]
with chapter 46 of title 18, United States Code
(including section 983(c) of that chapter).
(C) Repatriation or return to exporter.--
(i) <<NOTE: Deadline. Determination.>> In
general.--Not later than 60 days after the date of
delivery to the Secretary of an Item Requiring
Export Certification under subparagraph (A)(ii),
the Secretary shall determine whether the Item
Requiring Export Certification is an Item
Prohibited from Exportation.
(ii) Repatriation.--If an Item Requiring
Export Certification is determined by the
Secretary to be an Item Prohibited from
Exportation and is forfeited under subparagraph
(B), the item shall be expeditiously repatriated
to the appropriate Indian Tribe or Native Hawaiian
organization in accordance with, as applicable--
(I) the Native American Graves
Protection and Repatriation Act (25
U.S.C. 3001 et seq.) (including section
1170 of title 18, United States Code, as
added by that Act); or
(II) the Archaeological Resources
Protection Act of 1979 (16 U.S.C. 470aa
et seq.).
(iii) Return to exporter.--
(I) <<NOTE: Determination.>> In
general.--If the Secretary determines
that credible evidence does not
establish that the Item Requiring Export
Certification is an Item Prohibited from
Exportation, or if the Secretary does
not complete the determination by the
deadline described in clause (i), the
Secretary shall return the Item
Requiring Export Certification to the
exporter.
(II) Effect.--The return of an Item
Requiring Export Certification to an
exporter under subclause (I) shall not
mean that the Item Requiring Export
Certification is eligible for an export
certification under this subsection.
(5) Penalties.--
(A) Items requiring export certification.--
(i) In general.--It shall be unlawful for any
person to export, attempt to export, or otherwise
transport from the United States any Item
Requiring Export Certification without first
obtaining an export certification.
(ii) Penalties.--Except as provided in
subparagraph (D), any person who violates clause
(i) shall be--
(I) assessed a civil penalty in
accordance with such regulations as the
Secretary promulgates pursuant to
section 10; and
(II) subject to any other applicable
penalties under this Act.
(B) Items prohibited from exportation.--Whoever
exports an Item Prohibited from Exportation without
first securing an export certification shall be liable
for a civil money penalty, the amount of which shall
equal the total cost of storing and repatriating the
Item Prohibited from Exportation.
[[Page 136 STAT. 2381]]
(C) Use of fines collected.--Any amounts collected
by the Secretary as a civil penalty under subparagraph
(A)(ii)(I) or (B) shall be credited to the currently
applicable appropriation, account, or fund of the
Department of the Interior as discretionary offsetting
collections and shall be available only to the extent
and in the amounts provided in advance in appropriations
Acts--
(i) to process export certification
applications under this subsection; and
(ii) to store and repatriate the Item
Prohibited from Exportation.
(D) Voluntary return.--
(i) In general.--Any person who attempts to
export or otherwise transport from the United
States an Item Requiring Export Certification
without first obtaining an export certification,
but voluntarily returns the Item Requiring Export
Certification, or directs the Item Requiring
Export Certification to be returned, to the
appropriate Indian Tribe or Native Hawaiian
organization in accordance with section 6 prior to
the commencement of an active Federal
investigation shall not be prosecuted for a
violation of subparagraph (A) with respect to the
Item Requiring Export Certification.
(ii) Actions not commencing a federal
investigation.--For purposes of clause (i), the
following actions shall not be considered to be
actions that commence an active Federal
investigation:
(I) The submission by the exporter
of an export certification application
for the Item Requiring Export
Certification under paragraph (3)(A)(i).
(II) The detention of the Item
Requiring Export Certification by the
Secretary of Homeland Security, acting
through the Commissioner of U.S. Customs
and Border Protection, under paragraph
(4)(A)(i).
(III) The delivery to the Secretary
of the Item Requiring Export
Certification by the Secretary of
Homeland Security, acting through the
Commissioner of U.S. Customs and Border
Protection, under paragraph (4)(A)(ii).
(IV) The seizure by the Secretary of
the Item Requiring Export Certification
under paragraph (4)(A)(ii).
(6) Fees.--
(A) In general.--The Secretary may assess reasonable
fees to process export certification applications under
this subsection, subject to subparagraph (B).
(B) Availability of amounts collected.--Fees
authorized under subparagraph (A) shall be collected and
available only to the extent and in the amounts provided
in advance in appropriations Acts.
(7) Administrative appeal.--If the Secretary denies an
export certification or an Item Requiring Export Certification
is detained under this subsection, the exporter, on request,
shall be given a hearing on the record in accordance with
[[Page 136 STAT. 2382]]
such rules and regulations as the Secretary promulgates pursuant
to section 10.
(8) <<NOTE: Requirements.>> Training.--
(A) In general.--The Secretary, the Secretary of
State, the Attorney General, and the heads of all other
relevant Federal agencies shall require all appropriate
personnel to participate in training regarding
applicable laws and consultations to facilitate positive
government-to-government interactions with Indian Tribes
and Native Hawaiian Organizations.
(B) U.S. customs and border protection training.--
The Secretary of Homeland Security, acting through the
Commissioner of U.S. Customs and Border Protection,
shall require all appropriate personnel of U.S. Customs
and Border Protection to participate in training
provided by the Secretary of the Interior or an Indian
Tribe or Native Hawaiian organization to assist the
personnel in identifying, handling, and documenting in a
culturally sensitive manner Items Requiring Export
Certification for purposes of this Act.
(C) Consultation.--In developing or modifying and
delivering trainings under subparagraphs (A) and (B),
the applicable heads of Federal agencies shall consult
with Indian Tribes and Native Hawaiian organizations.
(c) <<NOTE: President.>> Agreements to Request Return From Foreign
Countries.--The President may request from foreign nations agreements
that specify concrete measures that the foreign nation will carry out--
(1) to discourage commerce in, and collection of, Items
Prohibited from Exportation;
(2) to encourage the voluntary return of tangible cultural
heritage; and
(3) to expand the market for the products of Indian art and
craftsmanship in accordance with section 2 of the Act of August
27, 1935 (49 Stat. 891, chapter 748; 25 U.S.C. 305a) (commonly
known as the ``Indian Arts and Crafts Act'').
SEC. 6. <<NOTE: 25 USC 3074.>> VOLUNTARY RETURN OF TANGIBLE
CULTURAL HERITAGE.
(a) Liaison.--The Secretary and the Secretary of State shall each
designate a liaison to facilitate the voluntary return of tangible
cultural heritage.
(b) Trainings and Workshops.--The liaisons designated under
subsection (a) shall offer to representatives of Indian Tribes and
Native Hawaiian organizations and collectors, dealers, and other
individuals and organizations trainings and workshops regarding the
voluntary return of tangible cultural heritage.
(c) Referrals.--
(1) In general.--The Secretary shall refer individuals and
organizations to 1 or more Indian Tribes and Native Hawaiian
organizations with a cultural affiliation to tangible cultural
heritage for the purpose of facilitating the voluntary return of
tangible cultural heritage.
(2) <<NOTE: List.>> Referral representatives.--The
Secretary shall compile a list of representatives from each
Indian Tribe and Native Hawaiian organization for purposes of
referral under paragraph (1).
[[Page 136 STAT. 2383]]
(3) Consultation.--The Secretary shall consult with Indian
Tribes, Native Hawaiian organizations, and the Native working
group convened under section 8(a) before making a referral under
paragraph (1).
(4) Third-party experts.--The Secretary may use third
parties with relevant expertise, including institutions of
higher education, museums, dealers, and collector organizations,
in determining to which Indian Tribe or Native Hawaiian
organization an individual or organization should be referred
under paragraph (1).
(d) Legal Liability.--Nothing in this section imposes on any
individual or entity any additional penalties or legal liability.
(e) Tax Documentation.--In facilitating the voluntary return of
tangible cultural heritage under this section, the Secretary shall
include provision of tax documentation for a deductible gift to an
Indian Tribe or Native Hawaiian organization, if the recipient Indian
Tribe or Native Hawaiian organization consents to the provision of tax
documentation.
(f) Repatriation Under Native American Graves Protection and
Repatriation Act.--The voluntary return provisions of this section shall
apply to a specific item of tangible cultural heritage only to the
extent that the repatriation provisions under section 7 of the Native
American Graves Protection and Repatriation Act (25 U.S.C. 3005) do not
apply to the item of tangible cultural heritage.
SEC. 7. <<NOTE: 25 USC 3075.>> INTERAGENCY WORKING GROUP.
(a) <<NOTE: Designation. Establishment.>> In General.--The
Secretary shall designate a coordinating office to convene an
interagency working group consisting of representatives from the
Departments of the Interior, Justice, State, and Homeland Security.
(b) Goals.--The goals of the interagency working group convened
under subsection (a) are--
(1) to facilitate the repatriation to Indian Tribes and
Native Hawaiian organizations of items that have been illegally
removed or trafficked in violation of applicable law;
(2) to protect tangible cultural heritage, cultural items,
and archaeological resources still in the possession of Indian
Tribes and Native Hawaiian organizations; and
(3) to improve the implementation by the applicable Federal
agencies of--
(A) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.) (including
section 1170 of title 18, United States Code, as added
by that Act);
(B) the Archaeological Resources Protection Act of
1979 (16 U.S.C. 470aa et seq.); and
(C) other relevant Federal laws.
(c) Responsibilities.--The interagency working group convened under
subsection (a) shall--
(1) aid in implementation of this Act and the amendments
made by this Act, including by aiding in--
(A) the voluntary return of tangible cultural
heritage under section 6; and
(B) halting international sales of items that are
prohibited from being trafficked under Federal law; and
(2) collaborate with--
[[Page 136 STAT. 2384]]
(A) the Native working group convened under section
8(a);
(B) the review committee established under section
8(a) of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3006(a));
(C) the Cultural Heritage Coordinating Committee
established pursuant to section 2 of the Protect and
Preserve International Cultural Property Act (Public Law
114-151; 19 U.S.C. 2601 note); and
(D) any other relevant committees and working
groups.
SEC. 8. <<NOTE: 25 USC 3076.>> NATIVE WORKING GROUP.
(a) <<NOTE: Establishment.>> In General.--The Secretary shall
convene a Native working group consisting of not fewer than 12
representatives of Indian Tribes and Native Hawaiian organizations with
relevant expertise, who shall be nominated by Indian Tribes and Native
Hawaiian organizations, to advise the Federal Government in accordance
with this section.
(b) Recommendations.--The Native working group convened under
subsection (a) may provide recommendations regarding--
(1) the voluntary return of tangible cultural heritage by
collectors, dealers, and other individuals and non-Federal
organizations that hold such tangible cultural heritage; and
(2) the elimination of illegal commerce of cultural items
and archaeological resources in the United States and foreign
markets.
(c) Requests.--The Native working group convened under subsection
(a) may make formal requests to initiate certain agency actions,
including requests that--
(1) the Department of Justice initiate judicial proceedings
domestically or abroad to aid in the repatriation cultural items
and archaeological resources; and
(2) the Department of State initiate dialogue through
diplomatic channels to aid in that repatriation.
(d) Agency and Committee Assistance.--
(1) In general.--On request by the Native working group
convened under subsection (a), the agencies and committees
described in paragraph (2) shall make efforts to provide
information and assistance to the Native working group.
(2) Description of agencies and committees.--The agencies
and committees referred to in paragraph (1) are the following:
(A) The Department of the Interior.
(B) The Department of Justice.
(C) The Department of Homeland Security.
(D) The Department of State.
(E) The review committee established under section
8(a) of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3006(a)).
(F) The Cultural Heritage Coordinating Committee
established pursuant to section 2 of the Protect and
Preserve International Cultural Property Act (Public Law
114-151; 19 U.S.C. 2601 note).
(G) Any other relevant Federal agency, committee, or
working group.
[[Page 136 STAT. 2385]]
(e) Applicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Native
working group convened under subsection (a).
SEC. 9. <<NOTE: 25 USC 3077.>> TREATMENT UNDER FREEDOM OF
INFORMATION ACT.
(a) In General.--Except as provided in subsection (c), the following
information shall be exempt from disclosure under section 552 of title
5, United States Code:
(1) Information that a representative of an Indian Tribe or
Native Hawaiian organization--
(A) submits to a Federal agency pursuant to this Act
or an amendment made by this Act; and
(B) designates as sensitive or private according to
Native American custom, law, culture, or religion.
(2) Information that any person submits to a Federal agency
pursuant to this Act or an amendment made by this Act that
relates to an item for which an export certification is denied
under this Act.
(b) Applicability.--For purposes of subsection (a), this Act shall
be considered a statute described in section 552(b)(3)(B) of title 5,
United States Code.
(c) Exception.--An Indian Tribe or Native Hawaiian organization may
request and shall receive its own information, as described in
subsection (a), from the Federal agency to which the Indian Tribe or
Native Hawaiian organization submitted the information.
SEC. 10. <<NOTE: Deadline. 25 USC 3078.>> REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Secretary, in consultation with the Secretary of State, the Secretary of
Homeland Security, and the Attorney General, and after consultation with
Indian Tribes and Native Hawaiian organizations, shall promulgate rules
and regulations to carry out this Act.
SEC. 11. <<NOTE: Time period. 25 USC 3079.>> AUTHORIZATION OF
APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$3,000,000 for each of fiscal years 2022 through 2027.
SEC. 12. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the
[[Page 136 STAT. 2386]]
Congressional Record by the Chairman of the House Budget Committee,
provided that such statement has been submitted prior to the vote on
passage.
Approved December 21, 2022.
LEGISLATIVE HISTORY--H.R. 2930 (S. 1471):
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HOUSE REPORTS: No. 117-196, Pt. 1 (Comm. on Natural Resources).
SENATE REPORTS: No. 117-33 (Comm. on Indian Affairs) accompanying S.
1471.
CONGRESSIONAL RECORD:
Vol. 167 (2021):
Dec. 1, 2, considered and passed
House.
Vol. 168 (2022):
Nov. 29, considered and passed
Senate.
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