I 

117TH CONGRESS 

1ST SESSION H. R. 2930 

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 

A BILL 

To enhance protections of Native American tangible cultural 

heritage, and for other purposes. 

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 Ob5 jects of Patrimony Act of 2021’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 


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

2 United States to Indian Tribes; 

3 (2) to increase the maximum penalty for actions 

4 taken in violation of the Native American Graves 

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

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

7 States Code, as added by that Act), in order to 

8 strengthen deterrence; 

9 (3) to stop the export, and facilitate the inter10 national repatriation, of cultural items prohibited 

11 from being trafficked by the Native American 

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

13 3001 et seq.) (including section 1170 of title 18, 

14 United States Code, as added by that Act) and ar15 chaeological resources prohibited from being traf16 ficked by the Archaeological Resources Protection 

17 Act of 1979 (16 U.S.C. 470aa et seq.) by— 

18 (A) explicitly prohibiting the export; 

19 (B) creating an export certification system; 

20 and 

21 (C) confirming the authority of the Presi22 dent to request from foreign nations agree23 ments or provisional measures to prevent irre24 mediable damage to Native American cultural 

25 heritage; 


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1 (4) to establish a Federal framework in order 

2 to support the voluntary return by individuals and 

3 organizations of items of tangible cultural heritage, 

4 including items covered by the Native American 

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

6 3001 et seq.) (including section 1170 of title 18, 

7 United States Code, as added by that Act) and the 

8 Archaeological Resources Protection Act of 1979 (16 

9 U.S.C. 470aa et seq.); 

10 (5) to establish an interagency working group 

11 to ensure communication between Federal agencies 

12 to successfully implement this Act, the Native Amer13 ican Graves Protection and Repatriation Act (25 

14 U.S.C. 3001 et seq.) (including section 1170 of title 

15 18, United States Code, as added by that Act), the 

16 Archaeological Resources Protection Act of 1979 (16 

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

18 laws; 

19 (6) to establish a Native working group of In20 dian Tribes and Native Hawaiian organizations to 

21 assist in the implementation of this Act, the Native 

22 American Graves Protection and Repatriation Act 

23 (25 U.S.C. 3001 et seq.) (including section 1170 of 

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

25 the Archaeological Resources Protection Act of 1979 


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1 (16 U.S.C. 470aa et seq.), and other relevant Fed2 eral laws; 

3 (7) to exempt from disclosure under section 552 

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

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

6 (A) information submitted by Indian 

7 Tribes or Native Hawaiian organizations pursu8 ant to this Act; and 

9 (B) information relating to an Item Re10 quiring Export Certification for which an export 

11 certification was denied pursuant to this Act; 

12 and 

13 (8) to encourage buyers to purchase legal con14 temporary art made by Native artists for commercial 

15 purposes. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

18 (1) ARCHAEOLOGICAL RESOURCE.—The term 

19 ‘‘archaeological resource’’ means an archaeological 

20 resource (as defined in section 3 of the Archae21 ological Resources Protection Act of 1979 (16 

22 U.S.C. 470bb)) that is Native American. 

23 (2) CULTURAL AFFILIATION.—The term ‘‘cul24 tural affiliation’’ means that there is a relationship 

25 of shared group identity that can be reasonably 


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1 traced historically or prehistorically between a 

2 present day Indian Tribe or Native Hawaiian orga3 nization and an identifiable earlier group. 

4 (3) CULTURAL ITEM.—The term ‘‘cultural 

5 item’’ means any 1 or more cultural items (as de6 fined in section 2 of the Native American Graves 

7 Protection and Repatriation Act (25 U.S.C. 3001)). 

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

9 has the meaning given the term ‘‘Indian tribe’’ in 

10 section 2 of the Native American Graves Protection 

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

12 (5) ITEM PROHIBITED FROM EXPORTATION.— 

13 The term ‘‘Item Prohibited from Exportation’’ 

14 means— 

15 (A) a cultural item prohibited from being 

16 trafficked, including through sale, purchase, use 

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

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

19 States Code, as added by the Native Amer20 ican Graves Protection and Repatriation 

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

22 (ii) any other Federal law or treaty; 

23 and 

24 (B) an archaeological resource prohibited 

25 from being trafficked, including through sale, 


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1 purchase, exchange, transport, receipt, or offer 

2 to sell, purchase, or exchange, including in 

3 interstate or foreign commerce, by— 

4 (i) subsections (b) and (c) of section 

5 6 of the Archaeological Resources Protec6 tion Act of 1979 (16 U.S.C. 470ee); or 

7 (ii) any other Federal law or treaty. 

8 (6) ITEM REQUIRING EXPORT CERTIFI9 CATION.— 

10 (A) IN GENERAL.—The term ‘‘Item Re11 quiring Export Certification’’ means— 

12 (i) a cultural item; and 

13 (ii) an archaeological resource. 

14 (B) EXCLUSION.—The term ‘‘Item Requir15 ing Export Certification’’ does not include an 

16 item described in clause (i) or (ii) of subpara17 graph (A) for which an Indian Tribe or Native 

18 Hawaiian organization with a cultural affili19 ation with the item has provided a certificate 

20 authorizing exportation of the item. 

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

22 American’’ means— 

23 (A) Native American (as defined in section 

24 2 of the Native American Graves Protection 

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


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

2 (8) NATIVE HAWAIIAN ORGANIZATION.—The 

3 term ‘‘Native Hawaiian organization’’ has the mean4 ing given the term in section 2 of the Native Amer5 ican Graves Protection and Repatriation Act (25 

6 U.S.C. 3001). 

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

8 the Secretary of the Interior. 

9 (10) TANGIBLE CULTURAL HERITAGE.—The 

10 term ‘‘tangible cultural heritage’’ means— 

11 (A) Native American human remains; or 

12 (B) culturally, historically, or 

13 archaeologically significant objects, resources, 

14 patrimony, or other items that are affiliated 

15 with a Native American culture. 

16 SEC. 4. ENHANCED NAGPRA PENALTIES. 

17 Section 1170 of title 18, United States Code, is 

18 amended— 

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

20 and inserting ‘‘10 years’’; and 

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

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

23 SEC. 5. EXPORT PROHIBITIONS; EXPORT CERTIFICATION 

24 SYSTEM; INTERNATIONAL AGREEMENTS. 

25 (a) EXPORT PROHIBITIONS.— 


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

2 person— 

3 (A) to export, attempt to export, or other4 wise transport from the United States any Item 

5 Prohibited from Exportation; 

6 (B) to conspire with any person to engage 

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

8 (C) to conceal an activity described in sub9 paragraph (A). 

10 (2) PENALTIES.—Any person who violates 

11 paragraph (1) and knows, or in the exercise of due 

12 care should have known, that the Item Prohibited 

13 from Exportation was taken, possessed, transported, 

14 or sold in violation of, or in a manner unlawful 

15 under, any Federal law or treaty, shall be fined in 

16 accordance with section 3571 of title 18, United 

17 States Code, imprisoned for not more than 1 year 

18 and 1 day for a first violation, and not more than 

19 10 years for a second or subsequent violation, or 

20 both. 

21 (3) DETENTION, FORFEITURE, AND REPATRI22 ATION.— 

23 (A) DETENTION AND DELIVERY.—The 

24 Secretary of Homeland Security, acting through 


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1 the Commissioner of U.S. Customs and Border 

2 Protection, shall— 

3 (i) detain any Item Prohibited from 

4 Exportation that is exported, attempted to 

5 be exported, or otherwise transported from 

6 the United States in violation of paragraph 

7 (1); and 

8 (ii) deliver the Item Prohibited from 

9 Exportation to the Secretary. 

10 (B) FORFEITURE.—Any Item Prohibited 

11 from Exportation that is exported, attempted to 

12 be exported, or otherwise transported from the 

13 United States in violation of paragraph (1) 

14 shall be subject to forfeiture to the United 

15 States in accordance with chapter 46 of title 

16 18, United States Code (including section 

17 983(c) of that chapter). 

18 (C) REPATRIATION.—Any Item Prohibited 

19 from Exportation that is forfeited under sub20 paragraph (B) shall be expeditiously repatriated 

21 to the appropriate Indian Tribe or Native Ha22 waiian organization in accordance with, as ap23 plicable— 

24 (i) the Native American Graves Pro25 tection and Repatriation Act (25 U.S.C. 


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1 3001 et seq.) (including section 1170 of 

2 title 18, United States Code, as added by 

3 that Act); or 

4 (ii) the Archaeological Resources Pro5 tection Act of 1979 (16 U.S.C. 470aa et 

6 seq.). 

7 (b) EXPORT CERTIFICATION SYSTEM.— 

8 (1) EXPORT CERTIFICATION REQUIREMENT.— 

9 (A) IN GENERAL.—No Item Requiring Ex10 port Certification may be exported from the 

11 United States without first having obtained an 

12 export certification in accordance with this sub13 section. 

14 (B) PUBLICATION.—The Secretary, in con15 sultation with Indian Tribes and Native Hawai16 ian organizations, shall publish in the Federal 

17 Register a notice that includes— 

18 (i) a description of characteristics typ19 ical of Items Requiring Export Certifi20 cation, which shall— 

21 (I) include the definitions of the 

22 terms— 

23 (aa) ‘‘cultural items’’ in sec24 tion 2 of the Native American 


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1 Graves Protection and Repatri2 ation Act (25 U.S.C. 3001); and 

3 (bb) ‘‘archaeological re4 source’’ in section 3 of the Ar5 chaeological Resources Protection 

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

7 (II) describe the provenance re8 quirements associated with the traf9 ficking prohibition applicable to— 

10 (aa) cultural items under 

11 section 1170(b) of title 18, 

12 United States Code; and 

13 (bb) archaeological resources 

14 under subsections (b) and (c) of 

15 section 6 of Archaeological Re16 sources Protection Act of 1979 

17 (16 U.S.C. 470ee); 

18 (III)(aa) include the definitions 

19 of the terms ‘‘Native American’’ and 

20 ‘‘Native Hawaiian’’ in section 2 of the 

21 Native American Graves Protection 

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

23 3001); and 


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1 (bb) describe how those terms 

2 apply to archaeological resources 

3 under this Act; and 

4 (IV) be sufficiently specific and 

5 precise to ensure that— 

6 (aa) an export certification 

7 is required only for Items Requir8 ing Export Certification; and 

9 (bb) fair notice is given to 

10 exporters and other persons re11 garding which items require an 

12 export certification under this 

13 subsection; and 

14 (ii) a description of characteristics 

15 typical of items that do not qualify as 

16 Items Requiring Export Certification and 

17 therefore do not require an export certifi18 cation under this subsection, which shall 

19 clarify that— 

20 (I) an item made solely for com21 mercial purposes is presumed to not 

22 qualify as an Item Requiring Export 

23 Certification, unless an Indian Tribe 

24 or Native Hawaiian organization chal25 lenges that presumption; and 


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1 (II) in some circumstances, re2 ceipts or certifications issued by In3 dian Tribes or Native Hawaiian orga4 nizations with a cultural affiliation 

5 with an item may be used as evidence 

6 to demonstrate a particular item does 

7 not qualify as an Item Requiring Ex8 port Certification. 

9 (2) ELIGIBILITY FOR EXPORT CERTIFI10 CATION.—An Item Requiring Export Certification is 

11 eligible for an export certification under this sub12 section if— 

13 (A) the Item Requiring Export Certifi14 cation is not under ongoing Federal investiga15 tion; 

16 (B) the export of the Item Requiring Ex17 port Certification would not otherwise violate 

18 any 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 


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1 Act of 1979 (16 U.S.C. 470cc) and in 

2 compliance with section 3(c) of the Native 

3 American Graves Protection and Repatri4 ation Act (25 U.S.C. 3002(c)), if the per5 mit for excavation or removal authorizes 

6 export; or 

7 (iii) is accompanied by written con8 firmation from the Indian Tribe or Native 

9 Hawaiian organization with authority to 

10 alienate the Item Requiring Export Certifi11 cation that— 

12 (I) the exporter has a right of 

13 possession (as defined in section 2 of 

14 the Native American Graves Protec15 tion and Repatriation Act (25 U.S.C. 

16 3001)) of the Item Requiring Export 

17 Certification; or 

18 (II) the Indian Tribe or Native 

19 Hawaiian organization has relin20 quished title or control of the Item 

21 Requiring Export Certification in ac22 cordance with section 3 of the Native 

23 American Graves Protection and Re24 patriation Act (25 U.S.C. 3002). 


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1 (3) EXPORT CERTIFICATION APPLICATION AND

2 ISSUANCE PROCEDURES.— 

3 (A) APPLICATIONS FOR EXPORT CERTIFI4 CATION.— 

5 (i) IN GENERAL.—An exporter seek6 ing to export an Item Requiring Export 

7 Certification from the United States shall 

8 submit to the Secretary an export certifi9 cation application in accordance with 

10 clause (iii). 

11 (ii) CONSEQUENCES OF FALSE STATE12 MENT.—Any willful or knowing false state13 ment made on an export certification appli14 cation form under clause (i) shall— 

15 (I) subject the exporter to crimi16 nal penalties pursuant to section 1001 

17 of title 18, United States Code; and 

18 (II) prohibit the exporter from 

19 receiving an export certification for 

20 any Item Requiring Export Certifi21 cation in the future unless the ex22 porter submits additional evidence in 

23 accordance with subparagraph 

24 (B)(iii)(I). 


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1 (iii) FORM OF EXPORT CERTIFICATION

2 APPLICATION.—The Secretary, in consulta3 tion with Indian Tribes and Native Hawai4 ian organizations, and at the discretion of 

5 the Secretary, in consultation with third 

6 parties with relevant expertise, including 

7 institutions of higher education, museums, 

8 dealers, and collector organizations, shall 

9 develop an export certification application 

10 form, which shall require that an appli11 cant— 

12 (I) describe, and provide pictures 

13 of, each Item Requiring Export Cer14 tification that the applicant seeks to 

15 export; 

16 (II) include all available informa17 tion regarding the provenance of each 

18 such Item Requiring Export Certifi19 cation; and 

20 (III) include the attestation de21 scribed in subparagraph (B)(i). 

22 (B) EVIDENCE.— 

23 (i) IN GENERAL.—In completing an 

24 export certification application with respect 

25 to an Item Requiring Export Certification 


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1 that the exporter seeks to export, the ex2 porter shall attest that, to the best of the 

3 knowledge and belief of the exporter, the 

4 exporter is not attempting to export an 

5 Item Prohibited from Exportation. 

6 (ii) SUFFICIENCY OF ATTESTATION.— 

7 An attestation under clause (i) shall be 

8 considered to be sufficient evidence to sup9 port the application of the exporter under 

10 subparagraph (A)(iii)(III), on the condition 

11 that the exporter is not required to provide 

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

13 (iii) ADDITIONAL REQUIREMENTS.— 

14 (I) IN GENERAL.—The Secretary 

15 shall give notice to an exporter that 

16 submits an export certification appli17 cation under subparagraph (A)(i) that 

18 the exporter is required to submit ad19 ditional evidence in accordance with 

20 subclause (III) if the Secretary has 

21 determined under subparagraph 

22 (A)(ii) that the exporter made a will23 ful or knowing false statement on the 

24 application or any past export certifi25 cation application. 


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1 (II) DELAYS OR DENIALS.—The 

2 Secretary shall give notice to an ex3 porter that submits an export certifi4 cation application under subparagraph 

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

6 additional evidence in accordance with 

7 subclause (III) if the issuance of an 

8 export certification is— 

9 (aa) delayed pursuant to the 

10 examination by the Secretary of 

11 the eligibility of the Item Requir12 ing Export Certification for an 

13 export certification; or 

14 (bb) denied by the Secretary 

15 because the Secretary determined 

16 that the Item Requiring Export 

17 Certification is not eligible for an 

18 export certification under this 

19 subsection. 

20 (III) ADDITIONAL EVIDENCE.— 

21 On receipt of notice under subclause 

22 (I), an exporter shall, or on receipt of 

23 a notice under subclause (II), an ex24 porter may, provide the Secretary 

25 with such additional evidence as the 


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1 Secretary may require to establish 

2 that the Item Requiring Export Cer3 tification is eligible for an export cer4 tification under this subsection. 

5 (C) DATABASE APPLICATIONS.— 

6 (i) IN GENERAL.—The Secretary shall 

7 establish and maintain a secure central 

8 Federal database information system (re9 ferred to in this subparagraph as the 

10 ‘‘database’’) for the purpose of making ex11 port certification applications available to 

12 Indian Tribes and Native Hawaiian organi13 zations. 

14 (ii) COLLABORATION REQUIRED.—The 

15 Secretary shall collaborate with Indian 

16 Tribes, Native Hawaiian organizations, 

17 and the interagency working group con18 vened under section 7(a) in the design and 

19 implementation of the database. 

20 (iii) AVAILABILITY.—Immediately on 

21 receipt of an export certification applica22 tion, the Secretary shall make the export 

23 certification application available on the 

24 database. 


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1 (iv) DELETION FROM DATABASE.—On 

2 request by an Indian Tribe or Native Ha3 waiian organization, the Secretary shall de4 lete an export certification application from 

5 the database. 

6 (v) TECHNICAL ASSISTANCE.—If an 

7 Indian Tribe or Native Hawaiian organiza8 tion lacks sufficient resources to access the 

9 database or respond to agency communica10 tions in a timely manner, the Secretary, in 

11 consultation with Indian Tribes and Native 

12 Hawaiian organizations, shall provide tech13 nical assistance to facilitate that access or 

14 response, as applicable. 

15 (D) ISSUANCE OF EXPORT CERTIFI16 CATION.—On receipt of an export certification 

17 application for an Item Requiring Export Cer18 tification that meets the requirements of sub19 paragraphs (A) and (B), if the Secretary, in 

20 consultation with Indian Tribes and Native Ha21 waiian organizations with a cultural affiliation 

22 with the Item Requiring Export Certification, 

23 determines that the Item Requiring Export Cer24 tification is eligible for an export certification 

25 under paragraph (2), the Secretary may issue 


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1 an export certification for the Item Requiring 

2 Export Certification. 

3 (E) REVOCATION OF EXPORT CERTIFI4 CATION.— 

5 (i) IN GENERAL.—If credible evidence 

6 is provided that indicates that an item that 

7 received an export certification under sub8 paragraph (D) is not eligible for an export 

9 certification under paragraph (2), the Sec10 retary may immediately revoke the export 

11 certification. 

12 (ii) DETERMINATION.—In deter13 mining whether a revocation is warranted 

14 under clause (i), the Secretary shall con15 sult with Indian Tribes and Native Hawai16 ian organizations with a cultural affiliation 

17 with the affected Item Requiring Export 

18 Certification. 

19 (4) DETENTION, FORFEITURE, REPATRIATION, 

20 AND RETURN.— 

21 (A) DETENTION AND DELIVERY.—The 

22 Secretary of Homeland Security, acting through 

23 the Commissioner of U.S. Customs and Border 

24 Protection, shall— 


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1 (i) detain any Item Requiring Export 

2 Certification that an exporter attempts to 

3 export or otherwise transport without an 

4 export certification; and 

5 (ii) deliver the Item Requiring Export 

6 Certification to the Secretary, for seizure 

7 by the Secretary. 

8 (B) FORFEITURE.—Any Item Requiring 

9 Export Certification that is detained under sub10 paragraph (A)(i) shall be subject to forfeiture 

11 to the United States in accordance with chapter 

12 46 of title 18, United States Code (including 

13 section 983(c) of that chapter). 

14 (C) REPATRIATION OR RETURN TO EX15 PORTER.— 

16 (i) IN GENERAL.—Not later than 60 

17 days after the date of delivery to the Sec18 retary of an Item Requiring Export Cer19 tification under subparagraph (A)(ii), the 

20 Secretary shall determine whether the Item 

21 Requiring Export Certification is an Item 

22 Prohibited from Exportation. 

23 (ii) REPATRIATION.—If an Item Re24 quiring Export Certification is determined 

25 by the Secretary to be an Item Prohibited 


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1 from Exportation and is forfeited under 

2 subparagraph (B), the item shall be expe3 ditiously repatriated to the appropriate In4 dian Tribe or Native Hawaiian organiza5 tion in accordance with, as applicable— 

6 (I) the Native American Graves 

7 Protection and Repatriation Act (25 

8 U.S.C. 3001 et seq.) (including sec9 tion 1170 of title 18, United States 

10 Code, as added by that Act); or 

11 (II) the Archaeological Resources 

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

13 470aa et seq.). 

14 (iii) RETURN TO EXPORTER.— 

15 (I) IN GENERAL.—If the Sec16 retary determines that credible evi17 dence does not establish that the Item 

18 Requiring Export Certification is an 

19 Item Prohibited from Exportation, or 

20 if the Secretary does not complete the 

21 determination by the deadline de22 scribed in clause (i), the Secretary 

23 shall return the Item Requiring Ex24 port Certification to the exporter. 


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1 (II) EFFECT.—The return of an 

2 Item Requiring Export Certification 

3 to an exporter under subclause (I) 

4 shall not mean that the Item Requir5 ing Export Certification is eligible for 

6 an export certification under this sub7 section. 

8 (5) PENALTIES.— 

9 (A) ITEMS REQUIRING EXPORT CERTIFI10 CATION.— 

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

12 for any person to export, attempt to ex13 port, or otherwise transport from the 

14 United States any Item Requiring Export 

15 Certification without first obtaining an ex16 port certification. 

17 (ii) PENALTIES.—Except as provided 

18 in subparagraph (D), any person who vio19 lates clause (i) shall be— 

20 (I) assessed a civil penalty in ac21 cordance with such regulations as the 

22 Secretary promulgates pursuant to 

23 section 10; and 

24 (II) subject to any other applica25 ble penalties under this Act. 


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1 (B) ITEMS PROHIBITED FROM EXPOR2 TATION.—Whoever exports an Item Prohibited 

3 from Exportation without first securing an ex4 port certification shall be liable for a civil 

5 money penalty, the amount of which shall equal 

6 the total cost of storing and repatriating the 

7 Item Prohibited from Exportation. 

8 (C) USE OF FINES COLLECTED.—Any 

9 amounts collected by the Secretary as a civil 

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

11 (i) may be used by the Secretary— 

12 (I) for fines collected under sub13 paragraph (A)(ii)(I), to process export 

14 certification applications under this 

15 subsection; and 

16 (II) for fines collected under sub17 paragraph (B), to store and repatriate 

18 the Item Prohibited from Exportation; 

19 (ii) shall supplement (and not sup20 plant) any appropriations to the Secretary 

21 to carry out this subsection; and 

22 (iii) shall not be covered into the 

23 Treasury as miscellaneous receipts. 

24 (D) VOLUNTARY RETURN.— 


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1 (i) IN GENERAL.—Any person who at2 tempts to export or otherwise transport 

3 from the United States an Item Requiring 

4 Export Certification without first obtaining 

5 an export certification, but voluntarily re6 turns the Item Requiring Export Certifi7 cation, or directs the Item Requiring Ex8 port Certification to be returned, to the ap9 propriate Indian Tribe or Native Hawaiian 

10 organization in accordance with section 6 

11 prior to the commencement of an active 

12 Federal investigation shall not be pros13 ecuted for a violation of subparagraph (A) 

14 with respect to the Item Requiring Export 

15 Certification. 

16 (ii) ACTIONS NOT COMMENCING A

17 FEDERAL INVESTIGATION.—For purposes 

18 of clause (i), the following actions shall not 

19 be considered to be actions that commence 

20 an active Federal investigation: 

21 (I) The submission by the ex22 porter of an export certification appli23 cation for the Item Requiring Export 

24 Certification under paragraph 

25 (3)(A)(i). 


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1 (II) The detention of the Item 

2 Requiring Export Certification by the 

3 Secretary of Homeland Security, act4 ing through the Commissioner of U.S. 

5 Customs and Border Protection, 

6 under paragraph (4)(A)(i). 

7 (III) The delivery to the Sec8 retary of the Item Requiring Export 

9 Certification by the Secretary of 

10 Homeland Security, acting through 

11 the Commissioner of U.S. Customs 

12 and Border Protection, under para13 graph (4)(A)(ii). 

14 (IV) The seizure by the Secretary 

15 of the Item Requiring Export Certifi16 cation under paragraph (4)(A)(ii). 

17 (6) FEES.— 

18 (A) IN GENERAL.—The Secretary may col19 lect reasonable fees to process export certifi20 cation applications under this subsection. 

21 (B) AVAILABILITY OF AMOUNTS COL22 LECTED.—Any amounts collected by the Sec23 retary under subparagraph (A)— 

24 (i) shall supplement (and not sup25 plant) any appropriations to the Secretary 


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1 for the activities described in subparagraph 

2 (A); and 

3 (ii) shall not be covered into the 

4 Treasury as miscellaneous receipts. 

5 (7) ADMINISTRATIVE APPEAL.—If the Secretary 

6 denies an export certification or an Item Requiring 

7 Export Certification is detained under this sub8 section, the exporter, on request, shall be given a 

9 hearing on the record in accordance with such rules 

10 and regulations as the Secretary promulgates pursu11 ant to section 10. 

12 (8) TRAINING.— 

13 (A) IN GENERAL.—The Secretary, the Sec14 retary of State, the Attorney General, and the 

15 heads of all other relevant Federal agencies 

16 shall require all appropriate personnel to par17 ticipate in training regarding applicable laws 

18 and consultations to facilitate positive govern19 ment-to-government interactions with Indian 

20 Tribes and Native Hawaiian Organizations. 

21 (B) U.S. CUSTOMS AND BORDER PROTEC22 TION TRAINING.—The Secretary of Homeland 

23 Security, acting through the Commissioner of 

24 U.S. Customs and Border Protection, shall re25 quire all appropriate personnel of U.S. Customs 


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1 and Border Protection to participate in training 

2 provided by the Secretary of the Interior or an 

3 Indian Tribe or Native Hawaiian organization 

4 to assist the personnel in identifying, handling, 

5 and documenting in a culturally sensitive man6 ner Items Requiring Export Certification for 

7 purposes of this Act. 

8 (C) CONSULTATION.—In developing or 

9 modifying and delivering trainings under sub10 paragraphs (A) and (B), the applicable heads of 

11 Federal agencies shall consult with Indian 

12 Tribes and Native Hawaiian organizations. 

13 (c) AGREEMENTS TO REQUEST RETURN FROM FOR14 EIGN COUNTRIES.—The President may request from for15 eign nations agreements that specify concrete measures 

16 that the foreign nation will carry out— 

17 (1) to discourage commerce in, and collection 

18 of, Items Prohibited from Exportation; 

19 (2) to encourage the voluntary return of tan20 gible cultural heritage; and 

21 (3) to expand the market for the products of 

22 Indian art and craftsmanship in accordance with 

23 section 2 of the Act of August 27, 1935 (49 Stat. 

24 891, chapter 748; 25 U.S.C. 305a) (commonly 

25 known as the ‘‘Indian Arts and Crafts Act’’). 


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1 SEC. 6. VOLUNTARY RETURN OF TANGIBLE CULTURAL 

2 HERITAGE. 

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

4 State shall each designate a liaison to facilitate the vol5 untary return of tangible cultural heritage. 

6 (b) TRAININGS AND WORKSHOPS.—The liaisons des7 ignated under subsection (a) shall offer to representatives 

8 of Indian Tribes and Native Hawaiian organizations and 

9 collectors, dealers, and other individuals and organizations 

10 trainings and workshops regarding the voluntary return 

11 of tangible cultural heritage. 

12 (c) REFERRALS.— 

13 (1) IN GENERAL.—The Secretary shall refer in14 dividuals and organizations to 1 or more Indian 

15 Tribes and Native Hawaiian organizations with a 

16 cultural affiliation to tangible cultural heritage for 

17 the purpose of facilitating the voluntary return of 

18 tangible cultural heritage. 

19 (2) REFERRAL REPRESENTATIVES.—The Sec20 retary shall compile a list of representatives from 

21 each Indian Tribe and Native Hawaiian organization 

22 for purposes of referral under paragraph (1). 

23 (3) CONSULTATION.—The Secretary shall con24 sult with Indian Tribes, Native Hawaiian organiza25 tions, and the Native working group convened under 


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1 section 8(a) before making a referral under para2 graph (1). 

3 (4) THIRD-PARTY EXPERTS.—The Secretary 

4 may use third parties with relevant expertise, includ5 ing institutions of higher education, museums, deal6 ers, and collector organizations, in determining to 

7 which Indian Tribe or Native Hawaiian organization 

8 an individual or organization should be referred 

9 under paragraph (1). 

10 (d) LEGAL LIABILITY.—Nothing in this section im11 poses on any individual or entity any additional penalties 

12 or legal liability. 

13 (e) TAX DOCUMENTATION.—In facilitating the vol14 untary return of tangible cultural heritage under this sec15 tion, the Secretary shall include provision of tax docu16 mentation for a deductible gift to an Indian Tribe or Na17 tive Hawaiian organization, if the recipient Indian Tribe 

18 or Native Hawaiian organization consents to the provision 

19 of tax documentation. 

20 (f) REPATRIATION UNDER NATIVE AMERICAN

21 GRAVES PROTECTION AND REPATRIATION ACT.—The vol22 untary return provisions of this section shall apply to a 

23 specific item of tangible cultural heritage only to the ex24 tent that the repatriation provisions under section 7 of the 

25 Native American Graves Protection and Repatriation Act 


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1 (25 U.S.C. 3005) do not apply to the item of tangible cul2 tural heritage. 

3 SEC. 7. INTERAGENCY WORKING GROUP. 

4 (a) IN GENERAL.—The Secretary shall designate a 

5 coordinating office to convene an interagency working 

6 group consisting of representatives from the Departments 

7 of the Interior, Justice, State, and Homeland Security. 

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

9 group convened under subsection (a) are— 

10 (1) to facilitate the repatriation to Indian 

11 Tribes and Native Hawaiian organizations of items 

12 that have been illegally removed or trafficked in vio13 lation of applicable law; 

14 (2) to protect tangible cultural heritage, cul15 tural items, and archaeological resources still in the 

16 possession of Indian Tribes and Native Hawaiian or17 ganizations; and 

18 (3) to improve the implementation by the appli19 cable Federal agencies of— 

20 (A) the Native American Graves Protection 

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

22 (including section 1170 of title 18, United 

23 States Code, as added by that Act); 

24 (B) the Archaeological Resources Protec25 tion Act of 1979 (16 U.S.C. 470aa et seq.); and 


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1 (C) other relevant Federal laws. 

2 (c) RESPONSIBILITIES.—The interagency working 

3 group convened under subsection (a) shall— 

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

5 amendments made by this Act, including by aiding 

6 in— 

7 (A) the voluntary return of tangible cul8 tural heritage under section 6; and 

9 (B) halting international sales of items 

10 that are prohibited from being trafficked under 

11 Federal law; and 

12 (2) collaborate with— 

13 (A) the Native working group convened 

14 under section 8(a); 

15 (B) the review committee established under 

16 section 8(a) of the Native American Graves 

17 Protection and Repatriation Act (25 U.S.C. 

18 3006(a)); 

19 (C) the Cultural Heritage Coordinating 

20 Committee established pursuant to section 2 of 

21 the Protect and Preserve International Cultural 

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

23 2601 note); and 

24 (D) any other relevant committees and 

25 working groups. 


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1 SEC. 8. NATIVE WORKING GROUP. 

2 (a) IN GENERAL.—The Secretary shall convene a Na3 tive working group consisting of not fewer than 12 rep4 resentatives of Indian Tribes and Native Hawaiian organi5 zations with relevant expertise, who shall be nominated by 

6 Indian Tribes and Native Hawaiian organizations, to ad7 vise the Federal Government in accordance with this sec8 tion. 

9 (b) RECOMMENDATIONS.—The Native working group 

10 convened under subsection (a) may provide recommenda11 tions regarding— 

12 (1) the voluntary return of tangible cultural 

13 heritage by collectors, dealers, and other individuals 

14 and non-Federal organizations that hold such tan15 gible cultural heritage; and 

16 (2) the elimination of illegal commerce of cul17 tural items and archaeological resources in the 

18 United States and foreign markets. 

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

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

21 certain agency actions, including requests that— 

22 (1) the Department of Justice initiate judicial 

23 proceedings domestically or abroad to aid in the re24 patriation cultural items and archaeological re25 sources; and 


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1 (2) the Department of State initiate dialogue 

2 through diplomatic channels to aid in that repatri3 ation. 

4 (d) AGENCY AND COMMITTEE ASSISTANCE.— 

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

6 working group convened under subsection (a), the 

7 agencies and committees described in paragraph (2) 

8 shall make efforts to provide information and assist9 ance to the Native working group. 

10 (2) DESCRIPTION OF AGENCIES AND COMMIT11 TEES.—The agencies and committees referred to in 

12 paragraph (1) are the following: 

13 (A) The Department of the Interior. 

14 (B) The Department of Justice. 

15 (C) The Department of Homeland Secu16 rity. 

17 (D) The Department of State. 

18 (E) The review committee established 

19 under section 8(a) of the Native American 

20 Graves Protection and Repatriation Act (25 

21 U.S.C. 3006(a)). 

22 (F) The Cultural Heritage Coordinating 

23 Committee established pursuant to section 2 of 

24 the Protect and Preserve International Cultural 


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

2 2601 note). 

3 (G) Any other relevant Federal agency, 

4 committee, or working group. 

5 (e) APPLICABILITY OF FEDERAL ADVISORY COM6 MITTEE ACT.—The Federal Advisory Committee Act (5 

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

8 convened under subsection (a). 

9 SEC. 9. TREATMENT UNDER FREEDOM OF INFORMATION 

10 ACT. 

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

12 (c), the following information shall be exempt from disclo13 sure under section 552 of title 5, United States Code: 

14 (1) Information that a representative of an In15 dian Tribe or Native Hawaiian organization— 

16 (A) submits to a Federal agency pursuant 

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

18 and 

19 (B) designates as sensitive or private ac20 cording to Native American custom, law, cul21 ture, or religion. 

22 (2) Information that any person submits to a 

23 Federal agency pursuant to this Act or an amend24 ment made by this Act that relates to an item for 


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1 which an export certification is denied under this 

2 Act. 

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

4 this Act shall be considered a statute described in section 

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

6 (c) EXCEPTION.—An Indian Tribe or Native Hawai7 ian organization may request and shall receive its own in8 formation, as described in subsection (a), from the Federal 

9 agency to which the Indian Tribe or Native Hawaiian or10 ganization submitted the information. 

11 SEC. 10. REGULATIONS. 

12 (a) IN GENERAL.—Not later than 1 year after the 

13 date of enactment of this Act, the Secretary, in consulta14 tion with the Secretary of State, the Secretary of Home15 land Security, and the Attorney General, and after con16 sultation with Indian Tribes and Native Hawaiian organi17 zations, shall promulgate rules and regulations to carry 

18 out this Act. 

19 (b) INCLUSION.—The regulations promulgated by the 

20 Secretary pursuant to subsection (a) shall include a rea21 sonable deadline by which the Secretary shall approve or 

22 deny an export certification application under section 5(b). 


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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. 

Æ 


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