I 
115TH CONGRESS 
2D SESSION 
H. R. 7075 
To enhance protections of Native American cultural heritage, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 19, 2018 
Mr. PEARCE introduced the following bill; which was referred to the Com-
mittee on Natural Resources, and in addition to the Committee on For-
eign Affairs, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To enhance protections of Native American 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 ‘‘Native American and 
Native Hawaiian Cultural Heritage Protection Act of 
2018’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
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Sec. 3. Findings and purpose. 
Sec. 4. Definitions. 
Sec. 5. Removal for the benefit of and return to Indian Tribes. 
Sec. 6. Export restrictions and authorities. 
Sec. 7. Voluntary return of Native American and Native Hawaiian items. 
Sec. 8. Halting international sales. 
Sec. 9. Working groups. 
Sec. 10. U.S. Customs and Border Protection training. 
Sec. 11. Interagency working group. 
SEC. 3. FINDINGS AND PURPOSE. 
(a) FINDINGS.—The Congress reaffirms House Con-
gressional Resolution 122 of the 114th Congress, in which 
Congress stated its support for efforts to stop the theft, 
illegal possession or sale, transfer, and export of Tribal 
cultural items of American Indians, Alaska Natives, and 
Native Hawaiians in the United States and internation-
ally. 
(b) PURPOSES.—The purposes of this Act are to— 
(1) authorize permits that include removal for 
the benefit of and subsequent return to Indian 
Tribes of archaeological resources pursuant to the 
Archaeological Resources Protection Act and objects 
of antiquity pursuant to the Antiquities Act; 
(2) explicitly prohibit the exportation of Native 
American cultural items obtained in violation of the 
Native American Graves Protection and Repatriation 
Act (25 U.S.C. 3001 et seq. or 18 U.S.C. 1170), 
Native American archaeological resources obtained 
in violation of the Archaeological Resources Protec-
tion Act of 1979 (16 U.S.C. 470aa et seq.), and Na-
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tive American objects of antiquity obtained in viola-
tion of the Antiquities Act under section 1866(b) of 
title 18, United States Code; 
(3) confirm the authority of the President to re-
quest from foreign nations agreements or provisional 
measures under Article 9 of the Convention on the 
Means of Prohibiting and Preventing the Illicit Im-
port, Export, and Transfer of Ownership of Cultural 
Property, 823 U.N.T.S. 231 (1972), to facilitate the 
return of Native American cultural items obtained in 
violation of the Native American Graves Protection 
and Repatriation Act (25 U.S.C. 3001 et seq. or 18 
U.S.C. 1170), Native American archaeological re-
sources obtained in violation of the Archaeological 
Resources Protection Act of 1979 (16 U.S.C. 470aa 
et seq.), and Native American objects of antiquity 
obtained in violation of the Antiquities Act under 
section 1866(b) of title 18, United States Code; 
(4) create an export certification system to fa-
cilitate the export of lawfully possessed Native 
American and Native Hawaiian items and the inter-
national repatriation of unlawfully exported covered 
items; 
(5) establish a Federal framework to facilitate 
individuals’ and organizations’ voluntary return of 
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Native American items, without regard for whether 
such items were obtained in violation of the Native 
American Graves Protection and Repatriation Act 
(25 U.S.C. 3001 et seq. or 18 U.S.C. 1170), the Ar-
chaeological Resources Protection Act of 1979 (16 
U.S.C. 470aa et seq.), or the Antiquities Act under 
section 1866(b) of title 18, United States Code; 
(6) establish a Federal framework in order to 
halt international sale of Native American cultural 
items obtained in violation of the Native American 
Graves Protection and Repatriation Act (25 U.S.C. 
3001 et seq. or 18 U.S.C. 1170), Native American 
archaeological resources obtained in violation of the 
Archaeological Resources Protection Act of 1979 (16 
U.S.C. 470aa et seq.), and Native American objects 
of antiquity obtained in violation of the Antiquities 
Act under section 1866(b) of title 18, United States 
Code; 
(7) establish working groups to provide rec-
ommendations to identify and facilitate the vol-
untary return of Native American items and to iden-
tify Native American cultural items obtained in vio-
lation of the Native American Graves Protection and 
Repatriation Act (25 U.S.C. 3001 et seq. or 18 
U.S.C. 1170), Native American archaeological re-
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sources obtained in violation of the Archaeological 
Resources Protection Act of 1979 (16 U.S.C. 470aa 
et seq.), and Native American objects of antiquity 
obtained in violation of the Antiquities Act under 
section 1866(b) of title 18, United States Code; 
(8) require U.S. Customs and Border Protec-
tion to provide training to identify covered items; 
and 
(9) establish an interagency working group to 
ensure communication between all Federal agencies 
to successfully implement the Native American 
Graves Protection and Repatriation Act (25 U.S.C. 
3001 et seq.), the Archaeological Resources Protec-
tion Act of 1979 (16 U.S.C. 470aa et seq.), and the 
Antiquities Act under section 1866(b) of title 18, 
United States Code. 
SEC. 4. DEFINITIONS. 
In this Act, the following definitions apply: 
(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) COVERED ITEM.—The term ‘‘covered item’’ 
means Native American cultural items as defined in 
section 2 of the Native American Graves Protection 
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and Repatriation Act (25 U.S.C. 3001), Native 
American archaeological resources as defined in sec-
tion 3 of the Archaeological Resources Protection 
Act of 1979 (16 U.S.C. 470bb), or Native American 
objects of antiquity within the meaning of the Antiq-
uities Act under section 1866(b) of title 18, United 
States Code. 
(3) CULTURAL AFFILIATION.—The term ‘‘cul-
tural affiliation’’ has the meaning given the term in 
section 2 of the Native American Graves Protection 
and Repatriation Act (25 U.S.C. 3001). 
(4) CULTURAL
ITEMS.—The term ‘‘cultural 
items’’ has the meaning given the term in section 2 
of the Native American Graves Protection and Repa-
triation Act (25 U.S.C. 3001). 
(5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 2 of the 
Native American Graves Protection and Repatriation 
Act (25 U.S.C. 3001). 
(6) NATIVE
AMERICAN.—The term ‘‘Native 
American’’ has the meaning given the term in sec-
tion 2 of the Native American Graves Protection and 
Repatriation Act (25 U.S.C. 3001). 
(7) NATIVE
HAWAIIAN
ORGANIZATION.—The 
term ‘‘Native Hawaiian organization’’ has the mean-
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ing given the term in section 2 of the Native Amer-
ican Graves Protection and Repatriation Act (25 
U.S.C. 3001). 
(8) OBJECT OF ANTIQUITY.—The term ‘‘object 
of antiquity’’ means an item within the meaning of 
the Antiquities Act under section 1866(b) of title 18, 
United States Code. 
SEC. 5. REMOVAL FOR THE BENEFIT OF AND RETURN TO 
INDIAN TRIBES. 
(a) ARCHAEOLOGICAL
RESOURCES
PROTECTION 
ACT.—The Archaeological Resources Protection Act of 
1979 is amended— 
(1) in section 4(b) (16 U.S.C. 470cc(b))— 
(A) in paragraph (2), by inserting ‘‘or for 
the benefit of an Indian Tribe’’ after ‘‘public in-
terest’’; and 
(B) in paragraph (3) by inserting ‘‘an In-
dian Tribe or’’ before ‘‘a suitable university’’; 
and 
(2) in section 5 (16 U.S.C. 470dd) by inserting 
‘‘and such Indian or Indian Tribe shall have the 
right of first refusal’’ after ‘‘jurisdiction over such 
lands’’. 
(b) ANTIQUITIES ACT.—Section 320302(b) of title 
54, United States Code is amended— 
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(1) in paragraph (1), by inserting ‘‘a federally 
recognized Indian Tribe,’’ before ‘‘a reputable mu-
seum’’; and 
(2) in paragraph (2), by inserting ‘‘by a feder-
ally recognized Indian Tribe or’’ before ‘‘in a public 
museum’’ and adding at the end ‘‘, provided that the 
federally recognized Indian Tribe with the closest 
cultural affiliation shall have the right of first re-
fusal’’. 
SEC. 6. EXPORT RESTRICTIONS AND AUTHORITIES. 
(a) VOLUNTARY RETURN
OF COVERED ITEMS.— 
Whoever seeks to export a covered item without a required 
export certification but voluntarily returns the covered 
item to the Indian Tribe with a likely cultural affiliation 
prior to active investigation shall not be prosecuted for 
such violation with respect to the covered item. The proc-
ess of obtaining an export certification does not qualify 
as active investigation. 
(b) EXPORT RESTRICTION.— 
(1) IN GENERAL.—It shall be unlawful for any 
person to export or otherwise transport from the 
United States Native American cultural items ob-
tained in violation of the Native American Graves 
Protection and Repatriation Act (25 U.S.C. 3001 et 
seq. or 18 U.S.C. 1170), Native American archae-
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ological resources obtained in violation of the Ar-
chaeological Resources Protection Act of 1979 (16 
U.S.C. 470aa et seq.), and Native American objects 
of antiquity obtained in violation of the Antiquities 
Act under section 1866(b) of title 18, United States 
Code, and covered items under active Federal inves-
tigation. 
(2) PENALTIES.—Any person who violates 
paragraph (1) knowing that the covered items were 
obtained in violation of the Native American Graves 
Protection and Repatriation Act (25 U.S.C. 3002 et 
seq. or 18 U.S.C. 1170), the Archaeological Re-
sources Protection Act of 1979 (16 U.S.C. 470aa et 
seq.), or the Antiquities Act under section 1866(b) 
of title 18, United States Code, shall be fined in ac-
cordance with section 3571 of title 18, United States 
Code, and shall be imprisoned for not more than 1 
year for a first violation and not more than 10 years 
for a second or subsequent violation. 
(c) EXPORT CERTIFICATION.— 
(1) 
WHEN
EXPORT
CERTIFICATION
RE-
QUIRED.— 
(A) PROHIBITION
ON
EXPORT
WITHOUT 
CERTIFICATION.—No covered item may be ex-
ported from the United States without first 
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having obtained an export certification in ac-
cordance with this subsection. 
(B) PUBLICATION.—The Secretary shall, 
in consultation with Indian Tribes, publish in 
the Federal Register a notice that includes— 
(i) a description of characteristics typ-
ical of covered items which shall be suffi-
ciently specific and precise to ensure ex-
port certification is required only of such 
covered items and that fair notice is given 
to exporters and other persons as to which 
items require an export certification; and 
(ii) a description of items that do not 
qualify as covered items and therefore do 
not require an export certification under 
this paragraph, which shall— 
(I) clarify that objects made for 
commercial purposes generally do not 
qualify as a covered item; and 
(II) clarify that in some cir-
cumstances receipts or certifications 
issued by Indian Tribes or Tribal arti-
sans may be used as evidence to dem-
onstrate a particular item does not 
qualify as a covered item. 
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(2) 
ELIGIBILITY
FOR
EXPORT
CERTIFI-
CATION.—A covered item, absent an ongoing Fed-
eral investigation, shall be deemed eligible for export 
certification if it— 
(A) was not obtained in violation of the 
Native American Graves Protection and Repa-
triation Act (25 U.S.C. 3002 et seq. or 18 
U.S.C. 1170), the Archaeological Resources 
Protection Act of 1979 (16 U.S.C. 470aa et 
seq.), or the Antiquities Act under section 
1866(b) of title 18, United States Code, and 
the export of the covered item would not other-
wise violate any other provision of Federal law; 
(B) was excavated or removed pursuant to 
a permit issued under section 4 of the Archae-
ological Resources Protection Act of 1979 (16 
U.S.C. 470cc) or section 320302 of title 54, 
United States Code, or in compliance with sec-
tion 3(c) of the Native American Graves Pro-
tection and Repatriation Act (25 U.S.C. 
3002(c)), if the permit for excavation or re-
moval authorizes export, and the export of the 
covered item would not otherwise violate any 
other provision of Federal law; or 
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(C) is accompanied with a confirmation 
from an Indian Tribe confirming the person’s 
right of possession, as defined in section 2 of 
the Native American Graves Protection and Re-
patriation Act (25 U.S.C. 3001), to the covered 
item, or confirming that the Indian Tribe has 
relinquished title or control, as provided for in 
section 3 of the Native American Graves Pro-
tection and Repatriation Act (25 U.S.C. 3002), 
of the covered item, and the export of the cov-
ered item would not otherwise violate any other 
provision of Federal law. 
(3) EXPORT CERTIFICATION PROCEDURES.— 
(A) EXPORT CERTIFICATION PROCESS.— 
(i) 
ATTESTATION.—An 
attestation 
shall be made by the exporter through one 
of the procedures set forth below stating 
that to the best of the applicant’s knowl-
edge and belief, the applicant is not ex-
porting a Native American cultural item 
obtained in violation of the Native Amer-
ican Graves Protection and Repatriation 
Act (25 U.S.C. 3001 et seq. or 18 U.S.C. 
1170), a Native American archaeological 
resource obtained in violation of the Ar-
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chaeological Resources Protection Act of 
1979 (16 U.S.C. 470aa et seq.), or a Na-
tive American object of antiquity obtained 
in violation of the Antiquities Act under 
section 1866(b) of title 18, United States 
Code. 
(ii) ATTESTATION FORM.—An attesta-
tion form, which shall describe and provide 
a picture of the covered items, shall be 
submitted by an exporter as an electronic 
filing through the Automated Export Sys-
tem (AES) for all commercial shipments 
including covered items. An exporter’s at-
testation shall be required for covered 
items prior to the issuance of an export 
certification under the AES system. 
(iii) 
INFORMATION
PROVIDED
BY 
CBP.—U.S. Customs and Border Protec-
tion shall provide to the Secretary the in-
formation in electronic declarations that 
include covered items. 
(iv) 
EXPORT
CERTIFICATION
RE-
QUIRED.—All covered items must receive 
an export certification through the AES 
system regardless of monetary value. 
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(v) FALSE STATEMENTS.—Any willful 
or knowing false statement made on an at-
testation document described in clauses (i) 
through (iv) shall— 
(I) subject the applicant to crimi-
nal penalties pursuant to section 1001 
of title 18, United States Code; and 
(II) prohibit the applicant from 
receiving an export certification for 
covered items through attestation in 
the future. 
These penalties do not attach to the cov-
ered item for future exports but rather to 
the applicant. 
(B) 
ISSUANCE
OF
EXPORT
CERTIFI-
CATION.— 
(i) For commercial shipments valued 
at less than $2,500.00 that include covered 
items, the exporter shall complete the at-
testation process and will immediately re-
ceive an export certification from U.S. 
Customs and Border Protection through 
the AES system. The exporter is not re-
quired to obtain an Internal Transaction 
Number (ITN). 
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(ii) For commercial shipments valued 
at $2,500 or more that include covered 
items— 
(I) the exporter must complete 
the attestation process; 
(II) U.S. Customs and Border 
Protection must consult with the Sec-
retary and with Native American 
tribes and Native Hawaiian organiza-
tions regarding issuing an export cer-
tification; 
(III) U.S. Customs and Border 
Protection will issue an export certifi-
cation through the AES system— 
(aa) within 6 days of com-
pletion of the attestation process 
unless credible evidence is pro-
vided that indicates the covered 
item was obtained in violation of 
the Native American Graves Pro-
tection and Repatriation Act (25 
U.S.C. 3002 et seq. or 18 U.S.C. 
1170), the Archaeological Re-
sources Protection Act of 1979 
(16 U.S.C. 470aa et seq.), or the 
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Antiquities Act under section 
1866(b) of title 18, United 
States Code, or of other United 
States law or the covered item is 
under active Federal investiga-
tion; or 
(bb) with notice to the ex-
porter, U.S. Customs and Border 
Protection can extend the review 
of an application for certification 
for up to 30 days if credible evi-
dence is provided which requires 
investigation, after which certifi-
cation shall be approved or de-
nied, consistent with clause (iii); 
and 
(IV) once U.S. Customs and Bor-
der Protection issues the export cer-
tification and upon completion of the 
AES application, the exporter will re-
ceive an Internal Transaction Number 
(ITN) through AES. 
(iii) RULE
OF
CONSTRUCTION.—De-
nial of export certification shall not in 
itself enable seizure or in any way affect 
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the legal status of an item under existing 
United States law. 
(iv) ADDITIONAL
EVIDENCE.—If an 
export certification is delayed or denied, 
notice shall be given to the exporter, who 
may provide U.S. Customs and Border 
Protection with evidence to establish that 
the covered item is not prohibited from ex-
port. 
(C) REVOCATION
OF
EXPORT
CERTIFI-
CATION.—If credible new evidence is provided 
that indicates a covered item that received an 
export certification was obtained in violation of 
the Native American Graves Protection and Re-
patriation Act (25 U.S.C. 3001 et seq. or 18 
U.S.C. 1170), Archaeological Resources Protec-
tion Act of 1979 (16 U.S.C. 470aa et seq.), or 
Antiquities Act under section 1866(b) of title 
18, United States Code, or other Federal law, 
or is under active Federal investigation, U.S. 
Customs and Border Protection may imme-
diately revoke export certification if prior to ex-
port, and shall obtain approval of a United 
States court to revoke the export certification, 
after export has taken place. In making a deter-
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mination about whether revocation is war-
ranted, Indian Tribes and Native Hawaiian or-
ganizations shall be consulted. 
(D) SEIZURE AND FORFEITURE.— 
(i) SEIZURE.—Any covered item that 
a person is attempting to export without 
an export certification described in this 
subsection shall be subject to seizure by 
United States customs officers and a No-
tice of Detention shall be issued to the ex-
porter. 
(ii) FORFEITURE.—A covered item 
seized under clause (i) that is found to be 
obtained in violation of the Native Amer-
ican Graves Protection and Repatriation 
Act (25 U.S.C. 3002 et seq. or 18 U.S.C. 
1170), the Archaeological Resources Pro-
tection Act of 1979 (16 U.S.C. 470aa et 
seq.), or the Antiquities Act under section 
1866(b) of title 18, United States Code, 
shall be forfeited, consistent with chapter 
46 of title 18, United States Code, to the 
Federal Government or repatriated to the 
Indian Tribe pursuant to the process pro-
vided for under the law under which it is 
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found to be obtained in violation. The pro-
visions of section 983(c) of title 18, United 
States Code, shall apply to any forfeiture 
under this Act. 
(iii) RETURN TO EXPORTER.—A cov-
ered item seized under clause (i) for which 
credible evidence does not establish within 
60 days that it was obtained in violation of 
the Native American Graves Protection 
and Repatriation Act (25 U.S.C. 3002(c) 
et seq. or 18 U.S.C. 1170), the Archae-
ological Resources Protection Act of 1979 
(16 U.S.C. 470aa et seq.), or the Antiq-
uities Act under section 1866(b) of title 
18, United States Code, shall be returned 
to the exporter but shall not receive an ex-
port certification at that time. 
(E) APPEAL.—If the U.S. Customs and 
Border Protection denies an export certifi-
cation, issues a Detention Notice, or seizes a 
covered item under this subsection, the appli-
cant shall, upon request, be given a hearing on 
the record. 
(F) INFORMATION IN FILINGS.—The Sec-
retary shall make information on the covered 
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items included in the filings available to Native 
American tribes and Native Hawaiian organiza-
tions via a secure website or other method in 
compliance with AES procedures. 
(d) AGREEMENTS TO REQUEST RETURN FROM FOR-
EIGN COUNTRIES.—The President is authorized to re-
quest from a State Party agreements or provisional meas-
ures subject to the limitations of Article 9 of the Conven-
tion on the Means of Prohibiting and Preventing the Illicit 
Import, Export and Transfer of Ownership of Cultural 
Property, 823 U.N.T.S. 231 (1972), to request the return 
from the State Party cultural items that were obtained 
in violation of the Native American Graves Protection and 
Repatriation Act (25 U.S.C. 3001 et seq. or 18 U.S.C. 
1170), Native American archaeological resources obtained 
in violation of the Archaeological Resources Protection Act 
of 1979 (16 U.S.C. 470aa et seq.), and Native American 
objects of antiquity obtained in violation of the Antiquities 
Act under section 1866(b) of title 18, United States Code. 
SEC. 7. VOLUNTARY RETURN OF NATIVE AMERICAN AND 
NATIVE HAWAIIAN ITEMS. 
(a) LIAISON.—The Secretary and the Secretary of 
State shall each designate a liaison to facilitate the vol-
untary return of Native American items. 
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(b) TRAININGS AND WORKSHOPS.—The individuals 
listed in subsection (a) shall hold trainings and workshops 
for representatives of Indian Tribes and Native Hawaiian 
organizations and collectors, dealers, other individuals and 
organizations regarding the voluntary return of Native 
American items. 
(c) REFERRALS.— 
(1) IN GENERAL.—The Secretary shall refer in-
dividuals and organizations to one or more Indian 
Tribes or Native Hawaiian organizations with a like-
ly cultural affiliation to Native American items for 
the purpose of facilitating the voluntary return of 
Native American items. 
(2) REFERRAL
REPRESENTATIVES.—The Sec-
retary shall compile a list of representatives from 
each Indian Tribe and Native Hawaiian organization 
for purposes of referral under paragraph (1). 
(3) CONSULTATION.—The Secretary shall con-
sult with Indian Tribes and Native Hawaiian organi-
zations before making a referral under paragraph 
(1). 
(4) THIRD-PARTY
EXPERTS.—The Secretary 
may utilize third parties with relevant expertise, in-
cluding universities, museums, dealers, collector or-
ganizations, and others, in making determinations 
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regarding to which Indian Tribe or Native Hawaiian 
organization an individual or organization should be 
referred under paragraph (1). 
(d) LEGAL LIABILITY.—This section shall not impose 
additional penalties or legal liability. 
(e) IMMUNITY.—Any person who voluntarily returns 
covered items prior to active investigation shall have im-
munity from criminal prosecution for taking or holding 
such items. 
(f) REPATRIATION
UNDER
NATIVE
AMERICAN 
GRAVES PROTECTION AND REPATRIATION ACT.—The vol-
untary return provisions of this section shall apply to a 
specific Native American item 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. 
(g) TAX DOCUMENTATION.—Voluntary return facili-
tation shall include provision for tax documentation of de-
ductible gifts of Native American items to Native Amer-
ican tribes and Native Hawaiian organizations. 
SEC. 8. HALTING INTERNATIONAL SALES. 
(a) REQUEST INDIAN TRIBE OR NATIVE HAWAIIAN 
ORGANIZATION.—An Indian Tribe or Native Hawaiian or-
ganization may submit to the liaison designated by the 
Secretary of State a request that the United States be-
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come involved in halting the international sale of Native 
American cultural items obtained in violation of the Native 
American Graves Protection and Repatriation Act (25 
U.S.C. 3001 et seq. or 18 U.S.C. 1170), Native American 
archaeological resources obtained in violation of the Ar-
chaeological Resources Protection Act of 1979 (16 U.S.C. 
470aa et seq.), and Native American objects of antiquity 
obtained in violation of the Antiquities Act under section 
1866(b) of title 18, United States Code. Such a request 
shall include— 
(1) a certification that the Indian Tribe or Na-
tive Hawaiian organization submits evidence the 
item was illegally removed or trafficked in violation 
of Federal law; and 
(2) any other relevant information establishing 
that the item is protected under Federal law. 
(b) DEPARTMENT
OF STATE ACTION.—Not later 
than 15 days after receipt of a request under subsection 
(a) or before the sale is finalized, whichever is sooner, the 
Secretary of State shall contact— 
(1) the foreign government and person intend-
ing to sell the item to request that— 
(A) the sale not take place; and 
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(B) the item be returned to the relevant 
Indian Tribe or Native Hawaiian organization; 
and 
(2) the Department of Justice to transmit the 
request and any other relevant information. 
(c) DEPARTMENT OF JUSTICE ACTION.— 
(1) IN GENERAL.—Upon receipt of a request 
from the Secretary of State under subsection (b), 
the Attorney General shall contact the appropriate 
Indian Tribe or Native Hawaiian organization to 
consult the Tribe or organization regarding legal op-
tions with regard to the sale or intended sale of the 
item, which may include filing criminal charges do-
mestically or abroad against the seller or the foreign 
government or person intending to sell the item. 
(2) CONSULTATION WITH INDIAN TRIBE AND 
NATIVE
HAWAIIAN
ORGANIZATION.—The Attorney 
General shall consult the appropriate Indian Tribe 
or Native Hawaiian organization regarding whether 
to initiate legal action and whether any legal action 
that the Attorney General commenced should be dis-
missed, in order to facilitate voluntary return of the 
item. 
(3) REQUESTS FROM TRIBE.—In the case that 
an Indian Tribe or Native Hawaiian organization 
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