I 
115TH CONGRESS 
1ST SESSION H. R. 3211 
To amend title 18, United States Code, to enhance protections of Native 
American tangible cultural heritage, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 12, 2017 
Mr. BEN RAY LUJA´N of New Mexico introduced the following bill; which was 
referred to the Committee on the Judiciary, and in addition to the Com-
mittee on Natural Resources, 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 amend title 18, United States Code, to enhance protec-
tions of Native American tangible cultural heritage, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Safeguard Tribal Ob-
jects of Patrimony Act of 2017’’. 
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SEC. 2. ENHANCED PROTECTIONS FOR NATIVE AMERICAN 
CULTURAL HERITAGE. 
(a) ENHANCED PENALTIES.—Section 1170 of title 
18, United States Code, is amended by striking ‘‘5 years’’ 
each place it appears and inserting ‘‘10 years’’. 
(b) PROHIBITION OF EXPORTING NATIVE AMERICAN 
CULTURAL HERITAGE.—Chapter 53 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1171. Illegal exportation of Native American cul-
tural heritage 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ARCHAEOLOGICAL RESOURCE.—The term 
‘archaeological resource’ has the meaning given the 
term in section 3 of the Archaeological Resources 
Protection Act of 1979 (16 U.S.C. 470bb). 
‘‘(2) CULTURAL
ITEM.—The term ‘cultural 
item’ has the meaning given the term in section 2 
of the Native American Graves Protection and Repa-
triation Act (25 U.S.C. 3001). 
‘‘(3) NATIVE
AMERICAN.—The term ‘Native 
American’ has the meaning given the term in section 
2 of the Native American Graves Protection and Re-
patriation Act (25 U.S.C. 3001). 
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‘‘(b) PROHIBITION.—It shall be unlawful for any per-
son to knowingly export or otherwise transport from the 
United States any— 
‘‘(1) Native American cultural item that was 
obtained in violation of section 1170 of this title or 
section 3(c) of the Native American Graves Protec-
tion and Repatriation Act (25 U.S.C. 3002(c)); 
‘‘(2) Native American archaeological resource 
that was obtained in violation of the Archaeological 
Resources Protection Act of 1979 (16 U.S.C. 470aa 
et seq.); or 
‘‘(3) Native American object of antiquity that 
was obtained in violation of section 1866(b) of this 
title. 
‘‘(c) PENALTY.—Any person who violates subsection 
(b) shall— 
‘‘(1) in the case of a first violation under this 
section, be fined under this title, imprisoned for not 
more than 1 year, or both; and 
‘‘(2) in the case of a second or subsequent vio-
lation under this section, be fined under this title, 
imprisoned for not more than 10 years, or both.’’. 
(c) REGULATIONS.—The Attorney General and Sec-
retary of Homeland Security, in consultation with the Sec-
retary of the Interior, shall prescribe such rules and regu-
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