IB 

Union Calendar No. 140 

117TH CONGRESS 

1ST SESSION H. R. 2930 

[Report No. 117–196, Part I] 

To enhance protections of Native American tangible cultural heritage, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 30, 2021 

Ms. LEGER FERNANDEZ (for herself, Mr. YOUNG, Ms. DAVIDS of Kansas, Mr. 

COLE, Ms. PINGREE, Mr. MAST, Mrs. RADEWAGEN, and Ms. BASS) introduced the following bill; which was referred to the Committee on Natural 

Resources, and in addition to the Committees on the Judiciary, and Foreign Affairs, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

DECEMBER 1, 2021 

Additional sponsors: Mr. KILMER, Mr. O’HALLERAN, Mr. CASE, Ms. MCCOLLUM, Ms. STANSBURY, Mr. JOYCE of Ohio, Mr. TAKANO, Ms. NORTON, 

Mr. FITZPATRICK, Ms. OMAR, Ms. MANNING, Ms. LOFGREN, Mr. GRIJALVA, Mr. HUFFMAN, Ms. CRAIG, Ms. MENG, and Mr. NEGUSE


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DECEMBER 1, 2021 

Reported from the Committee on Natural Resources with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

DECEMBER 1, 2021 

Committees on the Judiciary and Foreign Affairs discharged; committed to 

the Committee of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on April 30, 2021] 

A BILL 

To enhance protections of Native American tangible cultural 

heritage, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safeguard Tribal Objects 

5 of Patrimony Act of 2021’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to carry out the trust responsibility of the 

9 United States to Indian Tribes; 

10 (2) to increase the maximum penalty for actions 

11 taken in violation of the Native American Graves 

12 Protection and Repatriation Act (25 U.S.C. 3001 et 

13 seq.) (including section 1170 of title 18, United States 

14 Code, as added by that Act), in order to strengthen 

15 deterrence; 

16 (3) to stop the export, and facilitate the inter17 national repatriation, of cultural items prohibited 

18 from being trafficked by the Native American Graves 

19 Protection and Repatriation Act (25 U.S.C. 3001 et 

20 seq.) (including section 1170 of title 18, United States 

21 Code, as added by that Act) and archaeological re22 sources prohibited from being trafficked by the Ar23 chaeological Resources Protection Act of 1979 (16 

24 U.S.C. 470aa et seq.) by— 

25 (A) explicitly prohibiting the export; 


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1 (B) creating an export certification system; 

2 and 

3 (C) confirming the authority of the Presi4 dent to request from foreign nations agreements 

5 or provisional measures to prevent irremediable 

6 damage to Native American cultural heritage; 

7 (4) to establish a Federal framework in order to 

8 support the voluntary return by individuals and or9 ganizations of items of tangible cultural heritage, in10 cluding items covered by the Native American Graves 

11 Protection and Repatriation Act (25 U.S.C. 3001 et 

12 seq.) (including section 1170 of title 18, United States 

13 Code, as added by that Act) and the Archaeological 

14 Resources Protection Act of 1979 (16 U.S.C. 470aa et 

15 seq.); 

16 (5) to establish an interagency working group to 

17 ensure communication between Federal agencies to 

18 successfully implement this Act, the Native American 

19 Graves Protection and Repatriation Act (25 U.S.C. 

20 3001 et seq.) (including section 1170 of title 18, 

21 United States Code, as added by that Act), the Ar22 chaeological Resources Protection Act of 1979 (16 

23 U.S.C. 470aa et seq.), and other relevant Federal 

24 laws; 


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1 (6) to establish a Native working group of In2 dian Tribes and Native Hawaiian organizations to 

3 assist in the implementation of this Act, the Native 

4 American Graves Protection and Repatriation Act 

5 (25 U.S.C. 3001 et seq.) (including section 1170 of 

6 title 18, United States Code, as added by that Act), 

7 the Archaeological Resources Protection Act of 1979 

8 (16 U.S.C. 470aa et seq.), and other relevant Federal 

9 laws; 

10 (7) to exempt from disclosure under section 552 

11 of title 5, United States Code (commonly known as 

12 the ‘‘Freedom of Information Act’’)— 

13 (A) information submitted by Indian Tribes 

14 or Native Hawaiian organizations pursuant to 

15 this Act; and 

16 (B) information relating to an Item Requir17 ing Export Certification for which an export cer18 tification was denied pursuant to this Act; and 

19 (8) to encourage buyers to purchase legal contem20 porary art made by Native artists for commercial 

21 purposes. 

22 SEC. 3. DEFINITIONS. 

23 In this Act: 

24 (1) ARCHAEOLOGICAL RESOURCE.—The term 

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1 source (as defined in section 3 of the Archaeological 

2 Resources Protection Act of 1979 (16 U.S.C. 470bb)) 

3 that is Native American. 

4 (2) CULTURAL AFFILIATION.—The term ‘‘cul5 tural affiliation’’ means that there is a relationship 

6 of shared group identity that can be reasonably traced 

7 historically or prehistorically between a present day 

8 Indian Tribe or Native Hawaiian organization and 

9 an identifiable earlier group. 

10 (3) CULTURAL ITEM.—The term ‘‘cultural item’’ 

11 means any 1 or more cultural items (as defined in 

12 section 2 of the Native American Graves Protection 

13 and Repatriation Act (25 U.S.C. 3001)). 

14 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

15 has the meaning given the term ‘‘Indian tribe’’ in sec16 tion 2 of the Native American Graves Protection and 

17 Repatriation Act (25 U.S.C. 3001). 

18 (5) ITEM PROHIBITED FROM EXPORTATION.—The 

19 term ‘‘Item Prohibited from Exportation’’ means— 

20 (A) a cultural item prohibited from being 

21 trafficked, including through sale, purchase, use 

22 for profit, or transport for sale or profit, by— 

23 (i) section 1170(b) of title 18, United 

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1 ican Graves Protection and Repatriation 

2 Act (25 U.S.C. 3001 et seq.); or 

3 (ii) any other Federal law or treaty; 

4 and 

5 (B) an archaeological resource prohibited 

6 from being trafficked, including through sale, 

7 purchase, exchange, transport, receipt, or offer to 

8 sell, purchase, or exchange, including in inter9 state or foreign commerce, by— 

10 (i) subsections (b) and (c) of section 6 

11 of the Archaeological Resources Protection 

12 Act of 1979 (16 U.S.C. 470ee); or 

13 (ii) any other Federal law or treaty. 

14 (6) ITEM REQUIRING EXPORT CERTIFICATION.— 

15 (A) IN GENERAL.—The term ‘‘Item Requir16 ing Export Certification’’ means— 

17 (i) a cultural item; and 

18 (ii) an archaeological resource. 

19 (B) EXCLUSION.—The term ‘‘Item Requir20 ing Export Certification’’ does not include an 

21 item described in clause (i) or (ii) of subpara22 graph (A) for which an Indian Tribe or Native 

23 Hawaiian organization with a cultural affili24 ation with the item has provided a certificate 

25 authorizing exportation of the item. 


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1 (7) NATIVE AMERICAN.—The term ‘‘Native 

2 American’’ means— 

3 (A) Native American (as defined in section 

4 2 of the Native American Graves Protection and 

5 Repatriation Act (25 U.S.C. 3001)); and 

6 (B) Native Hawaiian (as so defined). 

7 (8) NATIVE HAWAIIAN ORGANIZATION.—The term 

8 ‘‘Native Hawaiian organization’’ has the meaning 

9 given the term in section 2 of the Native American 

10 Graves Protection and Repatriation Act (25 U.S.C. 

11 3001). 

12 (9) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 (10) TANGIBLE CULTURAL HERITAGE.—The term 

15 ‘‘tangible cultural heritage’’ means— 

16 (A) Native American human remains; or 

17 (B) culturally, historically, or 

18 archaeologically significant objects, resources, 

19 patrimony, or other items that are affiliated 

20 with a Native American culture. 

21 SEC. 4. ENHANCED NAGPRA PENALTIES. 

22 Section 1170 of title 18, United States Code, is amend23 ed— 

24 (1) by striking ‘‘5 years’’ each place it appears 

25 and inserting ‘‘10 years’’; and 


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1 (2) in subsection (a), by striking ‘‘12 months’’ 

2 and inserting ‘‘1 year and 1 day’’. 

3 SEC. 5. EXPORT PROHIBITIONS; EXPORT CERTIFICATION 

4 SYSTEM; INTERNATIONAL AGREEMENTS. 

5 (a) EXPORT PROHIBITIONS.— 

6 (1) IN GENERAL.—It shall be unlawful for any 

7 person— 

8 (A) to export, attempt to export, or other9 wise transport from the United States any Item 

10 Prohibited from Exportation; 

11 (B) to conspire with any person to engage 

12 in an activity described in subparagraph (A); or 

13 (C) to conceal an activity described in sub14 paragraph (A). 

15 (2) PENALTIES.—Any person who violates para16 graph (1) and knows, or in the exercise of due care 

17 should have known, that the Item Prohibited from Ex18 portation was taken, possessed, transported, or sold in 

19 violation of, or in a manner unlawful under, any 

20 Federal law or treaty, shall be fined in accordance 

21 with section 3571 of title 18, United States Code, im22 prisoned for not more than 1 year and 1 day for a 

23 first violation, and not more than 10 years for a sec24 ond or subsequent violation, or both. 


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1 (3) DETENTION, FORFEITURE, AND REPATRI2 ATION.— 

3 (A) DETENTION AND DELIVERY.—The Sec4 retary of Homeland Security, acting through the 

5 Commissioner of U.S. Customs and Border Pro6 tection, shall— 

7 (i) detain any Item Prohibited from 

8 Exportation that is exported, attempted to 

9 be exported, or otherwise transported from 

10 the United States in violation of paragraph 

11 (1); and 

12 (ii) deliver the Item Prohibited from 

13 Exportation to the Secretary. 

14 (B) FORFEITURE.—Any Item Prohibited 

15 from Exportation that is exported, attempted to 

16 be exported, or otherwise transported from the 

17 United States in violation of paragraph (1) shall 

18 be subject to forfeiture to the United States in ac19 cordance with chapter 46 of title 18, United 

20 States Code (including section 983(c) of that 

21 chapter). 

22 (C) REPATRIATION.—Any Item Prohibited 

23 from Exportation that is forfeited under sub24 paragraph (B) shall be expeditiously repatriated 

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1 waiian organization in accordance with, as ap2 plicable— 

3 (i) the Native American Graves Protec4 tion and Repatriation Act (25 U.S.C. 3001 

5 et seq.) (including section 1170 of title 18, 

6 United States Code, as added by that Act); 

7 or 

8 (ii) the Archaeological Resources Pro9 tection Act of 1979 (16 U.S.C. 470aa et 

10 seq.). 

11 (b) EXPORT CERTIFICATION SYSTEM.— 

12 (1) EXPORT CERTIFICATION REQUIREMENT.— 

13 (A) IN GENERAL.—No Item Requiring Ex14 port Certification may be exported from the 

15 United States without first having obtained an 

16 export certification in accordance with this sub17 section. 

18 (B) PUBLICATION.—The Secretary, in con19 sultation with Indian Tribes and Native Hawai20 ian organizations, shall publish in the Federal 

21 Register a notice that includes— 

22 (i) a description of characteristics typ23 ical of Items Requiring Export Certifi24 cation, which shall— 


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1 (I) include the definitions of the 

2 terms— 

3 (aa) ‘‘cultural items’’ in sec4 tion 2 of the Native American 

5 Graves Protection and Repatri6 ation Act (25 U.S.C. 3001); and 

7 (bb) ‘‘archaeological re8 source’’ in section 3 of the Archae9 ological Resources Protection Act 

10 of 1979 (16 U.S.C. 470bb); 

11 (II) describe the provenance re12 quirements associated with the traf13 ficking prohibition applicable to— 

14 (aa) cultural items under 

15 section 1170(b) of title 18, United 

16 States Code; and 

17 (bb) archaeological resources 

18 under subsections (b) and (c) of 

19 section 6 of Archaeological Re20 sources Protection Act of 1979 (16 

21 U.S.C. 470ee); 

22 (III)(aa) include the definitions of 

23 the terms ‘‘Native American’’ and ‘‘Na24 tive Hawaiian’’ in section 2 of the Na25 tive American Graves Protection and 


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1 Repatriation Act (25 U.S.C. 3001); 

2 and 

3 (bb) describe how those terms 

4 apply to archaeological resources under 

5 this Act; and 

6 (IV) be sufficiently specific and 

7 precise to ensure that— 

8 (aa) an export certification 

9 is required only for Items Requir10 ing Export Certification; and 

11 (bb) fair notice is given to 

12 exporters and other persons re13 garding which items require an 

14 export certification under this 

15 subsection; and 

16 (ii) a description of characteristics 

17 typical of items that do not qualify as Items 

18 Requiring Export Certification and there19 fore do not require an export certification 

20 under this subsection, which shall clarify 

21 that— 

22 (I) an item made solely for com23 mercial purposes is presumed to not 

24 qualify as an Item Requiring Export 

25 Certification, unless an Indian Tribe 


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1 or Native Hawaiian organization chal2 lenges that presumption; and 

3 (II) in some circumstances, re4 ceipts or certifications issued by In5 dian Tribes or Native Hawaiian orga6 nizations with a cultural affiliation 

7 with an item may be used as evidence 

8 to demonstrate a particular item does 

9 not qualify as an Item Requiring Ex10 port Certification. 

11 (2) ELIGIBILITY FOR EXPORT CERTIFICATION.— 

12 An Item Requiring Export Certification is eligible for 

13 an export certification under this subsection if— 

14 (A) the Item Requiring Export Certification 

15 is not under ongoing Federal investigation; 

16 (B) the export of the Item Requiring Export 

17 Certification would not otherwise violate any 

18 other provision of law; and 

19 (C) the Item Requiring Export Certifi20 cation— 

21 (i) is not an Item Prohibited from Ex22 portation; 

23 (ii) was excavated or removed pursu24 ant to a permit issued under section 4 of 

25 the Archaeological Resources Protection Act 


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1 of 1979 (16 U.S.C. 470cc) and in compli2 ance with section 3(c) of the Native Amer3 ican Graves Protection and Repatriation 

4 Act (25 U.S.C. 3002(c)), if the permit for 

5 excavation or removal authorizes export; or 

6 (iii) is accompanied by written con7 firmation from the Indian Tribe or Native 

8 Hawaiian organization with authority to 

9 alienate the Item Requiring Export Certifi10 cation that— 

11 (I) the exporter has a right of pos12 session (as defined in section 2 of the 

13 Native American Graves Protection 

14 and Repatriation Act (25 U.S.C. 

15 3001)) of the Item Requiring Export 

16 Certification; or 

17 (II) the Indian Tribe or Native 

18 Hawaiian organization has relin19 quished title or control of the Item Re20 quiring Export Certification in accord21 ance with section 3 of the Native 

22 American Graves Protection and Repa23 triation Act (25 U.S.C. 3002). 

24 (3) EXPORT CERTIFICATION APPLICATION AND

25 ISSUANCE PROCEDURES.— 


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1 (A) APPLICATIONS FOR EXPORT CERTIFI2 CATION.— 

3 (i) IN GENERAL.—An exporter seeking 

4 to export an Item Requiring Export Certifi5 cation from the United States shall submit 

6 to the Secretary an export certification ap7 plication in accordance with clause (iii). 

8 (ii) CONSEQUENCES OF FALSE STATE9 MENT.—Any willful or knowing false state10 ment made on an export certification appli11 cation form under clause (i) shall— 

12 (I) subject the exporter to crimi13 nal penalties pursuant to section 1001 

14 of title 18, United States Code; and 

15 (II) prohibit the exporter from re16 ceiving an export certification for any 

17 Item Requiring Export Certification in 

18 the future unless the exporter submits 

19 additional evidence in accordance with 

20 subparagraph (B)(iii)(I). 

21 (iii) FORM OF EXPORT CERTIFICATION

22 APPLICATION.—The Secretary, in consulta23 tion with Indian Tribes and Native Hawai24 ian organizations, and at the discretion of 

25 the Secretary, in consultation with third 


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1 parties with relevant expertise, including 

2 institutions of higher education, museums, 

3 dealers, and collector organizations, shall 

4 develop an export certification application 

5 form, which shall require that an appli6 cant— 

7 (I) describe, and provide pictures 

8 of, each Item Requiring Export Certifi9 cation that the applicant seeks to ex10 port; 

11 (II) include all available informa12 tion regarding the provenance of each 

13 such Item Requiring Export Certifi14 cation; and 

15 (III) include the attestation de16 scribed in subparagraph (B)(i). 

17 (B) EVIDENCE.— 

18 (i) IN GENERAL.—In completing an ex19 port certification application with respect 

20 to an Item Requiring Export Certification 

21 that the exporter seeks to export, the ex22 porter shall attest that, to the best of the 

23 knowledge and belief of the exporter, the ex24 porter is not attempting to export an Item 

25 Prohibited from Exportation. 


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1 (ii) SUFFICIENCY OF ATTESTATION.— 

2 An attestation under clause (i) shall be con3 sidered to be sufficient evidence to support 

4 the application of the exporter under sub5 paragraph (A)(iii)(III), on the condition 

6 that the exporter is not required to provide 

7 additional evidence under clause (iii)(I). 

8 (iii) ADDITIONAL REQUIREMENTS.— 

9 (I) IN GENERAL.—The Secretary 

10 shall give notice to an exporter that 

11 submits an export certification appli12 cation under subparagraph (A)(i) that 

13 the exporter is required to submit addi14 tional evidence in accordance with sub15 clause (III) if the Secretary has deter16 mined under subparagraph (A)(ii) that 

17 the exporter made a willful or knowing 

18 false statement on the application or 

19 any past export certification applica20 tion. 

21 (II) DELAYS OR DENIALS.—The 

22 Secretary shall give notice to an ex23 porter that submits an export certifi24 cation application under subparagraph 

25 (A)(i) that the exporter may submit 


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1 additional evidence in accordance with 

2 subclause (III) if the issuance of an ex3 port certification is— 

4 (aa) delayed pursuant to the 

5 examination by the Secretary of 

6 the eligibility of the Item Requir7 ing Export Certification for an 

8 export certification; or 

9 (bb) denied by the Secretary 

10 because the Secretary determined 

11 that the Item Requiring Export 

12 Certification is not eligible for an 

13 export certification under this 

14 subsection. 

15 (III) ADDITIONAL EVIDENCE.—On 

16 receipt of notice under subclause (I), 

17 an exporter shall, or on receipt of a no18 tice under subclause (II), an exporter 

19 may, provide the Secretary with such 

20 additional evidence as the Secretary 

21 may require to establish that the Item 

22 Requiring Export Certification is eligi23 ble for an export certification under 

24 this subsection. 

25 (C) DATABASE APPLICATIONS.— 


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1 (i) IN GENERAL.—The Secretary shall 

2 establish and maintain a secure central 

3 Federal database information system (re4 ferred to in this subparagraph as the ‘‘data5 base’’) for the purpose of making export cer6 tification applications available to Indian 

7 Tribes and Native Hawaiian organizations. 

8 (ii) COLLABORATION REQUIRED.—The 

9 Secretary shall collaborate with Indian 

10 Tribes, Native Hawaiian organizations, 

11 and the interagency working group con12 vened under section 7(a) in the design and 

13 implementation of the database. 

14 (iii) AVAILABILITY.—Immediately on 

15 receipt of an export certification applica16 tion, the Secretary shall make the export 

17 certification application available on the 

18 database. 

19 (iv) DELETION FROM DATABASE.—On 

20 request by an Indian Tribe or Native Ha21 waiian organization, the Secretary shall de22 lete an export certification application from 

23 the database. 

24 (v) TECHNICAL ASSISTANCE.—If an 

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1 tion lacks sufficient resources to access the 

2 database or respond to agency communica3 tions in a timely manner, the Secretary, in 

4 consultation with Indian Tribes and Native 

5 Hawaiian organizations, shall provide tech6 nical assistance to facilitate that access or 

7 response, as applicable. 

8 (D) ISSUANCE OF EXPORT CERTIFI9 CATION.— 

10 (i) On receipt of an export certification 

11 application for an Item Requiring Export 

12 Certification that meets the requirements of 

13 subparagraphs (A) and (B), if the Sec14 retary, in consultation with Indian Tribes 

15 and Native Hawaiian organizations with a 

16 cultural affiliation with the Item Requiring 

17 Export Certification, determines that the 

18 Item Requiring Export Certification is eli19 gible for an export certification under para20 graph (2), the Secretary may issue an ex21 port certification for the Item Requiring 

22 Export Certification. 

23 (ii) On receipt of an export certifi24 cation application for an Item Requiring 


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1 Export Certification that meets the require2 ments of sub-paragraphs (A) and (B)— 

3 (I) The Secretary shall have 1 

4 business day to notify the relevant In5 dian Tribes and Native Hawaiian Or6 ganizations of an application for ex7 port of an Item Requiring Export Cer8 tification; 

9 (II) Indian Tribes and Native 

10 Hawaiian organizations shall have 9 

11 business days to review the export cer12 tification application; 

13 (III) If an Indian Tribe or Native 

14 Hawaiian organization notifies the 

15 Secretary that the Item Requiring Ex16 port Certification may not be eligible 

17 for an export certification under para18 graph (2), the Secretary shall have 7 

19 business days to review the applica20 tion; 

21 (IV) If no Indian Tribe or Native 

22 Hawaiian organization so notifies the 

23 Secretary, the Secretary shall have 1 

24 business day to review the application; 


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1 (V) With notice to the exporter, 

2 the Secretary may extend the review of 

3 an application for up to 30 business 

4 days if credible evidence is provided 

5 that the Item Requiring Export Cer6 tification may not be eligible for an ex7 port certification under paragraph (2); 

8 and 

9 (VI) The Secretary shall make a 

10 determination to approve or deny the 

11 export certification application within 

12 the time allotted. 

13 (E) REVOCATION OF EXPORT CERTIFI14 CATION.— 

15 (i) IN GENERAL.—If credible evidence 

16 is provided that indicates that an item that 

17 received an export certification under sub18 paragraph (D) is not eligible for an export 

19 certification under paragraph (2), the Sec20 retary may immediately revoke the export 

21 certification. 

22 (ii) DETERMINATION.—In determining 

23 whether a revocation is warranted under 

24 clause (i), the Secretary shall consult with 

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1 nizations with a cultural affiliation with 

2 the affected Item Requiring Export Certifi3 cation. 

4 (4) DETENTION, FORFEITURE, REPATRIATION, 

5 AND RETURN.— 

6 (A) DETENTION AND DELIVERY.—The Sec7 retary of Homeland Security, acting through the 

8 Commissioner of U.S. Customs and Border Pro9 tection, shall— 

10 (i) detain any Item Requiring Export 

11 Certification that an exporter attempts to 

12 export or otherwise transport without an ex13 port certification; and 

14 (ii) deliver the Item Requiring Export 

15 Certification to the Secretary, for seizure by 

16 the Secretary. 

17 (B) FORFEITURE.—Any Item Requiring 

18 Export Certification that is detained under sub19 paragraph (A)(i) shall be subject to forfeiture to 

20 the United States in accordance with chapter 46 

21 of title 18, United States Code (including section 

22 983(c) of that chapter). 

23 (C) REPATRIATION OR RETURN TO EX24 PORTER.— 


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1 (i) IN GENERAL.—Not later than 60 

2 days after the date of delivery to the Sec3 retary of an Item Requiring Export Certifi4 cation under subparagraph (A)(ii), the Sec5 retary shall determine whether the Item Re6 quiring Export Certification is an Item 

7 Prohibited from Exportation. 

8 (ii) REPATRIATION.—If an Item Re9 quiring Export Certification is determined 

10 by the Secretary to be an Item Prohibited 

11 from Exportation and is forfeited under 

12 subparagraph (B), the item shall be expedi13 tiously repatriated to the appropriate In14 dian Tribe or Native Hawaiian organiza15 tion in accordance with, as applicable— 

16 (I) the Native American Graves 

17 Protection and Repatriation Act (25 

18 U.S.C. 3001 et seq.) (including section 

19 1170 of title 18, United States Code, as 

20 added by that Act); or 

21 (II) the Archaeological Resources 

22 Protection Act of 1979 (16 U.S.C. 

23 470aa et seq.). 

24 (iii) RETURN TO EXPORTER.— 


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1 (I) IN GENERAL.—If the Secretary 

2 determines that credible evidence does 

3 not establish that the Item Requiring 

4 Export Certification is an Item Pro5 hibited from Exportation, or if the Sec6 retary does not complete the deter7 mination by the deadline described in 

8 clause (i), the Secretary shall return 

9 the Item Requiring Export Certifi10 cation to the exporter. 

11 (II) EFFECT.—The return of an 

12 Item Requiring Export Certification to 

13 an exporter under subclause (I) shall 

14 not mean that the Item Requiring Ex15 port Certification is eligible for an ex16 port certification under this subsection. 

17 (5) PENALTIES.— 

18 (A) ITEMS REQUIRING EXPORT CERTIFI19 CATION.— 

20 (i) IN GENERAL.—It shall be unlawful 

21 for any person to export, attempt to export, 

22 or otherwise transport from the United 

23 States any Item Requiring Export Certifi24 cation without first obtaining an export cer25 tification. 


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1 (ii) PENALTIES.—Except as provided 

2 in subparagraph (D), any person who vio3 lates clause (i) shall be— 

4 (I) assessed a civil penalty in ac5 cordance with such regulations as the 

6 Secretary promulgates pursuant to sec7 tion 10; and 

8 (II) subject to any other applica9 ble penalties under this Act. 

10 (B) ITEMS PROHIBITED FROM EXPOR11 TATION.—Whoever exports an Item Prohibited 

12 from Exportation without first securing an ex13 port certification shall be liable for a civil money 

14 penalty, the amount of which shall equal the 

15 total cost of storing and repatriating the Item 

16 Prohibited from Exportation. 

17 (C) USE OF FINES COLLECTED.—Any 

18 amounts collected by the Secretary as a civil 

19 penalty under subparagraph (A)(ii)(I) or (B)— 

20 (i) may be used by the Secretary— 

21 (I) for fines collected under sub22 paragraph (A)(ii)(I), to process export 

23 certification applications under this 

24 subsection; and 


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1 (II) for fines collected under sub2 paragraph (B), to store and repatriate 

3 the Item Prohibited from Exportation; 

4 (ii) shall supplement (and not sup5 plant) any appropriations to the Secretary 

6 to carry out this subsection; and 

7 (iii) shall not be covered into the 

8 Treasury as miscellaneous receipts. 

9 (D) VOLUNTARY RETURN.— 

10 (i) IN GENERAL.—Any person who at11 tempts to export or otherwise transport 

12 from the United States an Item Requiring 

13 Export Certification without first obtaining 

14 an export certification, but voluntarily re15 turns the Item Requiring Export Certifi16 cation, or directs the Item Requiring Ex17 port Certification to be returned, to the ap18 propriate Indian Tribe or Native Hawaiian 

19 organization in accordance with section 6 

20 prior to the commencement of an active 

21 Federal investigation shall not be prosecuted 

22 for a violation of subparagraph (A) with re23 spect to the Item Requiring Export Certifi24 cation. 


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1 (ii) ACTIONS NOT COMMENCING A FED2 ERAL INVESTIGATION.—For purposes of 

3 clause (i), the following actions shall not be 

4 considered to be actions that commence an 

5 active Federal investigation: 

6 (I) The submission by the exporter 

7 of an export certification application 

8 for the Item Requiring Export Certifi9 cation under paragraph (3)(A)(i). 

10 (II) The detention of the Item Re11 quiring Export Certification by the 

12 Secretary of Homeland Security, act13 ing through the Commissioner of U.S. 

14 Customs and Border Protection, under 

15 paragraph (4)(A)(i). 

16 (III) The delivery to the Secretary 

17 of the Item Requiring Export Certifi18 cation by the Secretary of Homeland 

19 Security, acting through the Commis20 sioner of U.S. Customs and Border 

21 Protection, under paragraph (4)(A)(ii). 

22 (IV) The seizure by the Secretary 

23 of the Item Requiring Export Certifi24 cation under paragraph (4)(A)(ii). 

25 (6) FEES.— 


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1 (A) IN GENERAL.—The Secretary may col2 lect reasonable fees to process export certification 

3 applications under this subsection. 

4 (B) AVAILABILITY OF AMOUNTS COL5 LECTED.—Any amounts collected by the Sec6 retary under subparagraph (A)— 

7 (i) shall supplement (and not sup8 plant) any appropriations to the Secretary 

9 for the activities described in subparagraph 

10 (A); and 

11 (ii) shall not be covered into the Treas12 ury as miscellaneous receipts. 

13 (7) ADMINISTRATIVE APPEAL.—If the Secretary 

14 denies an export certification or an Item Requiring 

15 Export Certification is detained under this sub16 section, the exporter, on request, shall be given a hear17 ing on the record in accordance with such rules and 

18 regulations as the Secretary promulgates pursuant to 

19 section 10. 

20 (8) TRAINING.— 

21 (A) IN GENERAL.—The Secretary, the Sec22 retary of State, the Attorney General, and the 

23 heads of all other relevant Federal agencies shall 

24 require all appropriate personnel to participate 

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1 sultations to facilitate positive government-to2 government interactions with Indian Tribes and 

3 Native Hawaiian Organizations. 

4 (B) U.S. CUSTOMS AND BORDER PROTEC5 TION TRAINING.—The Secretary of Homeland Se6 curity, acting through the Commissioner of U.S. 

7 Customs and Border Protection, shall require all 

8 appropriate personnel of U.S. Customs and Bor9 der Protection to participate in training pro10 vided by the Secretary of the Interior or an In11 dian Tribe or Native Hawaiian organization to 

12 assist the personnel in identifying, handling, and 

13 documenting in a culturally sensitive manner 

14 Items Requiring Export Certification for pur15 poses of this Act. 

16 (C) CONSULTATION.—In developing or 

17 modifying and delivering trainings under sub18 paragraphs (A) and (B), the applicable heads of 

19 Federal agencies shall consult with Indian Tribes 

20 and Native Hawaiian organizations. 

21 (c) AGREEMENTS TO REQUEST RETURN FROM FOR22 EIGN COUNTRIES.—The President may request from foreign 

23 nations agreements that specify concrete measures that the 

24 foreign nation will carry out— 


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1 (1) to discourage commerce in, and collection of, 

2 Items Prohibited from Exportation; 

3 (2) to encourage the voluntary return of tangible 

4 cultural heritage; and 

5 (3) to expand the market for the products of In6 dian art and craftsmanship in accordance with sec7 tion 2 of the Act of August 27, 1935 (49 Stat. 891, 

8 chapter 748; 25 U.S.C. 305a) (commonly known as 

9 the ‘‘Indian Arts and Crafts Act’’). 

10 SEC. 6. VOLUNTARY RETURN OF TANGIBLE CULTURAL HER11 ITAGE. 

12 (a) LIAISON.—The Secretary and the Secretary of 

13 State shall each designate a liaison to facilitate the vol14 untary return of tangible cultural heritage. 

15 (b) TRAININGS AND WORKSHOPS.—The liaisons des16 ignated under subsection (a) shall offer to representatives 

17 of Indian Tribes and Native Hawaiian organizations and 

18 collectors, dealers, and other individuals and organizations 

19 trainings and workshops regarding the voluntary return of 

20 tangible cultural heritage. 

21 (c) REFERRALS.— 

22 (1) IN GENERAL.—The Secretary shall refer indi23 viduals and organizations to 1 or more Indian Tribes 

24 and Native Hawaiian organizations with a cultural 

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1 pose of facilitating the voluntary return of tangible 

2 cultural heritage. 

3 (2) REFERRAL REPRESENTATIVES.—The Sec4 retary shall compile a list of representatives from 

5 each Indian Tribe and Native Hawaiian organization 

6 for purposes of referral under paragraph (1). 

7 (3) CONSULTATION.—The Secretary shall consult 

8 with Indian Tribes, Native Hawaiian organizations, 

9 and the Native working group convened under section 

10 8(a) before making a referral under paragraph (1). 

11 (4) THIRD-PARTY EXPERTS.—The Secretary may 

12 use third parties with relevant expertise, including 

13 institutions of higher education, museums, dealers, 

14 and collector organizations, in determining to which 

15 Indian Tribe or Native Hawaiian organization an 

16 individual or organization should be referred under 

17 paragraph (1). 

18 (d) LEGAL LIABILITY.—Nothing in this section im19 poses on any individual or entity any additional penalties 

20 or legal liability. 

21 (e) TAX DOCUMENTATION.—In facilitating the vol22 untary return of tangible cultural heritage under this sec23 tion, the Secretary shall include provision of tax docu24 mentation for a deductible gift to an Indian Tribe or Native 

25 Hawaiian organization, if the recipient Indian Tribe or 


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1 Native Hawaiian organization consents to the provision of 

2 tax documentation. 

3 (f) REPATRIATION UNDER NATIVE AMERICAN GRAVES

4 PROTECTION AND REPATRIATION ACT.—The voluntary re5 turn provisions of this section shall apply to a specific item 

6 of tangible cultural heritage only to the extent that the repa7 triation provisions under section 7 of the Native American 

8 Graves Protection and Repatriation Act (25 U.S.C. 3005) 

9 do not apply to the item of tangible cultural heritage. 

10 SEC. 7. INTERAGENCY WORKING GROUP. 

11 (a) IN GENERAL.—The Secretary shall designate a co12 ordinating office to convene an interagency working group 

13 consisting of representatives from the Departments of the 

14 Interior, Justice, State, and Homeland Security. 

15 (b) GOALS.—The goals of the interagency working 

16 group convened under subsection (a) are— 

17 (1) to facilitate the repatriation to Indian Tribes 

18 and Native Hawaiian organizations of items that 

19 have been illegally removed or trafficked in violation 

20 of applicable law; 

21 (2) to protect tangible cultural heritage, cultural 

22 items, and archaeological resources still in the posses23 sion of Indian Tribes and Native Hawaiian organiza24 tions; and 


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1 (3) to improve the implementation by the appli2 cable Federal agencies of— 

3 (A) the Native American Graves Protection 

4 and Repatriation Act (25 U.S.C. 3001 et seq.) 

5 (including section 1170 of title 18, United States 

6 Code, as added by that Act); 

7 (B) the Archaeological Resources Protection 

8 Act of 1979 (16 U.S.C. 470aa et seq.); and 

9 (C) other relevant Federal laws. 

10 (c) RESPONSIBILITIES.—The interagency working 

11 group convened under subsection (a) shall— 

12 (1) aid in implementation of this Act and the 

13 amendments made by this Act, including by aiding 

14 in— 

15 (A) the voluntary return of tangible cultural 

16 heritage under section 6; and 

17 (B) halting international sales of items that 

18 are prohibited from being trafficked under Fed19 eral law; and 

20 (2) collaborate with— 

21 (A) the Native working group convened 

22 under section 8(a); 

23 (B) the review committee established under 

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1 tection and Repatriation Act (25 U.S.C. 

2 3006(a)); 

3 (C) the Cultural Heritage Coordinating 

4 Committee established pursuant to section 2 of 

5 the Protect and Preserve International Cultural 

6 Property Act (Public Law 114–151; 19 U.S.C. 

7 2601 note); and 

8 (D) any other relevant committees and 

9 working groups. 

10 SEC. 8. NATIVE WORKING GROUP. 

11 (a) IN GENERAL.—The Secretary shall convene a Na12 tive working group consisting of not fewer than 12 rep13 resentatives of Indian Tribes and Native Hawaiian organi14 zations with relevant expertise, who shall be nominated by 

15 Indian Tribes and Native Hawaiian organizations, to ad16 vise the Federal Government in accordance with this sec17 tion. 

18 (b) RECOMMENDATIONS.—The Native working group 

19 convened under subsection (a) may provide recommenda20 tions regarding— 

21 (1) the voluntary return of tangible cultural her22 itage by collectors, dealers, and other individuals and 

23 non-Federal organizations that hold such tangible cul24 tural heritage; and 


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1 (2) the elimination of illegal commerce of cul2 tural items and archaeological resources in the United 

3 States and foreign markets. 

4 (c) REQUESTS.—The Native working group convened 

5 under subsection (a) may make formal requests to initiate 

6 certain agency actions, including requests that— 

7 (1) the Department of Justice initiate judicial 

8 proceedings domestically or abroad to aid in the repa9 triation cultural items and archaeological resources; 

10 and 

11 (2) the Department of State initiate dialogue 

12 through diplomatic channels to aid in that repatri13 ation. 

14 (d) AGENCY AND COMMITTEE ASSISTANCE.— 

15 (1) IN GENERAL.—On request by the Native 

16 working group convened under subsection (a), the 

17 agencies and committees described in paragraph (2) 

18 shall make efforts to provide information and assist19 ance to the Native working group. 

20 (2) DESCRIPTION OF AGENCIES AND COMMIT21 TEES.—The agencies and committees referred to in 

22 paragraph (1) are the following: 

23 (A) The Department of the Interior. 

24 (B) The Department of Justice. 

25 (C) The Department of Homeland Security. 


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1 (D) The Department of State. 

2 (E) The review committee established under 

3 section 8(a) of the Native American Graves Pro4 tection and Repatriation Act (25 U.S.C. 

5 3006(a)). 

6 (F) The Cultural Heritage Coordinating 

7 Committee established pursuant to section 2 of 

8 the Protect and Preserve International Cultural 

9 Property Act (Public Law 114–151; 19 U.S.C. 

10 2601 note). 

11 (G) Any other relevant Federal agency, 

12 committee, or working group. 

13 (e) APPLICABILITY OF FEDERAL ADVISORY COM14 MITTEE ACT.—The Federal Advisory Committee Act (5 

15 U.S.C. App.) shall not apply to the Native working group 

16 convened under subsection (a). 

17 SEC. 9. TREATMENT UNDER FREEDOM OF INFORMATION 

18 ACT. 

19 (a) IN GENERAL.—Except as provided in subsection 

20 (c), the following information shall be exempt from disclo21 sure under section 552 of title 5, United States Code: 

22 (1) Information that a representative of an In23 dian Tribe or Native Hawaiian organization— 


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1 (A) submits to a Federal agency pursuant 

2 to this Act or an amendment made by this Act; 

3 and 

4 (B) designates as sensitive or private ac5 cording to Native American custom, law, culture, 

6 or religion. 

7 (2) Information that any person submits to a 

8 Federal agency pursuant to this Act or an amend9 ment made by this Act that relates to an item for 

10 which an export certification is denied under this Act. 

11 (b) APPLICABILITY.—For purposes of subsection (a), 

12 this Act shall be considered a statute described in section 

13 552(b)(3)(B) of title 5, United States Code. 

14 (c) EXCEPTION.—An Indian Tribe or Native Hawai15 ian organization may request and shall receive its own in16 formation, as described in subsection (a), from the Federal 

17 agency to which the Indian Tribe or Native Hawaiian orga18 nization submitted the information. 

19 SEC. 10. REGULATIONS. 

20 Not later than 1 year after the date of enactment of 

21 this Act, the Secretary, in consultation with the Secretary 

22 of State, the Secretary of Homeland Security, and the At23 torney General, and after consultation with Indian Tribes 

24 and Native Hawaiian organizations, shall promulgate rules 

25 and regulations to carry out this Act. 


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1 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to carry out 

3 this Act $3,000,000 for each of fiscal years 2022 through 

4 2027. 


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Union Calendar No. 140 

117TH CONGRESS 

1ST SESSION H. R. 2930 

[Report No. 117–196, Part I] 

A BILL 

To enhance protections of Native American tangible 

cultural heritage, and for other purposes. 

DECEMBER 1, 2021 

Reported from the Committee on Natural Resources with 

an amendment 

DECEMBER 1, 2021 

Committees on the Judiciary and Foreign Affairs disprinted House on the State of the Union and ordered to be charged; committed to the Committee of the Whole 


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