I 
116TH CONGRESS 
1ST SESSION H. R. 3846 
To enhance protections of Native American tangible cultural heritage, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 18, 2019 
Mr. LUJA´N (for himself, Mr. YOUNG, Mr. COLE, Ms. HAALAND, Ms. TORRES 
SMALL of New Mexico, Mr. O’HALLERAN, Mrs. RADEWAGEN, Mr. COOK, 
Ms. MCCOLLUM, Mr. CASE, and Mr. LAMALFA) 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 com-
mittee concerned 
A BILL 
To enhance protections 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 2019’’. 
SEC. 2. PURPOSE. 
It is the purpose of this Act— 
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(1) to carry out the United States trust respon-
sibility to Indian Tribes; 
(2) to increase the maximum penalty for actions 
taken in violation of the Native American Graves 
Protection and Repatriation Act (25 U.S.C. 3001 et 
seq.) (including section 1170 of title 18, United 
States Code, as added by the Native American 
Graves Protection and Repatriation Act), in order to 
strengthen deterrence; 
(3) to make internationally applicable the Na-
tive American Graves Protection and Repatriation 
Act (25 U.S.C. 3001 et seq.) (including section 1170 
of title 18, United States Code, as added by the Na-
tive American Graves Protection and Repatriation 
Act), the Archaeological Resources Protection Act of 
1979 (16 U.S.C. 470aa et seq.), and the Antiquities 
Act under section 1866(b) of title 18, United States 
Code, to facilitate the international repatriation of 
Native American cultural items, Native American 
archaeological resources, and Native American ob-
jects of antiquity; 
(4) to access other countries’ domestic laws and 
law enforcement mechanisms to facilitate inter-
national repatriation by explicitly prohibiting the ex-
portation of Native American cultural items obtained 
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in violation of the Native American Graves Protec-
tion and Repatriation Act (25 U.S.C. 3001 et seq.) 
(including section 1170 of title 18, United States 
Code, as added by the Native American Graves Pro-
tection and Repatriation Act), Native American ar-
chaeological 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, and by creating an export certification system; 
(5) to confirm the authority of the President to 
request from foreign nations agreements or provi-
sional measures under the Convention on the Means 
of Prohibiting and Preventing the Illicit Import, Ex-
port, and Transfer of Ownership of Cultural Prop-
erty (823 U.N.T.S. 231 (1972)), to facilitate the re-
turn of Native American cultural items obtained in 
violation of the Native American Graves Protection 
and Repatriation Act (25 U.S.C. 3001 et seq.) (in-
cluding section 1170 of title 18, United States Code, 
as added by the Native American Graves Protection 
and Repatriation Act), Native American archae-
ological resources obtained in violation of the Ar-
chaeological Resources Protection Act of 1979 (16 
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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; 
(6) to establish a Federal framework in order 
to support individuals’ and organizations’ voluntary 
return of items of tangible cultural heritage, which 
need not be obtained in violation of the Native 
American Graves Protection and Repatriation Act 
(25 U.S.C. 3001 et seq.) (including section 1170 of 
title 18, United States Code, as added by the Native 
American Graves Protection and Repatriation Act), 
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; 
(7) to establish an interagency working group 
to ensure communication between all Federal agen-
cies to successfully implement the Native American 
Graves Protection and Repatriation Act (25 U.S.C. 
3001 et seq.) (including section 1170 of title 18, 
United States Code, as added by the Native Amer-
ican Graves Protection and Repatriation Act), the 
Archaeological Resources Protection Act of 1979 (16 
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U.S.C. 470aa et seq.), and the Antiquities Act under 
section 1866(b) of title 18, United States Code; 
(8) to establish a Tribal working group to pro-
vide recommendations regarding implementation of 
the Native American Graves Protection and Repatri-
ation Act (25 U.S.C. 3001 et seq.) (including section 
1170 of title 18, United States Code, as added by 
the Native American Graves Protection and Repatri-
ation Act), the Archaeological Resources Protection 
Act of 1979 (16 U.S.C. 470aa et seq.), and the An-
tiquities Act under section 1866(b) of title 18, 
United States Code; and 
(9) to create a Freedom of Information Act ex-
emption for information submitted by Indian Tribes 
pursuant to this Act. 
SEC. 3. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) 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). 
(2) 
INDIAN
TRIBE.—The 
term 
‘‘Indian 
Tribe’’— 
(A) has the meaning given the term ‘‘In-
dian tribe’’ in section 2 of the Native American 
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Graves Protection and Repatriation Act (25 
U.S.C. 3001); and 
(B) includes ‘‘Native Hawaiian organiza-
tion’’ as that term is defined in section 2 of the 
Native American Graves Protection and Repa-
triation Act (25 U.S.C. 3001). 
(3) 
ITEM
REQUIRING
EXPORT
CERTIFI-
CATION.—The term ‘‘Item Requiring Export Certifi-
cation’’ means— 
(A) a Native American ‘‘cultural item’’ as 
defined in section 2 of the Native American 
Graves Protection and Repatriation Act (25 
U.S.C. 3001); 
(B) a Native American ‘‘archaeological re-
source’’ as defined in section 3 of the Archae-
ological Resources Protection Act of 1979 (16 
U.S.C. 470bb); or 
(C) a Native American ‘‘object of antiq-
uity’’ within the meaning of section 1866(b) of 
title 18, United States Code. 
(4) ITEM PROHIBITED FROM EXPORTATION.— 
The term ‘‘Item Prohibited from Exportation’’ 
means— 
(A) a Native American ‘‘cultural item’’ as 
defined in section 2 of the Native American 
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uities Act under section 1866(b) of title 18, 
United States Code, that is under active Fed-
eral investigation. 
(5) NATIVE
AMERICAN.—The term ‘‘Native 
American’’— 
(A) has the meaning given the term in sec-
tion 2 of the Native American Graves Protec-
tion and Repatriation Act (25 U.S.C. 3001); 
and 
(B) includes ‘‘Native Hawaiian’’ as that 
term is defined in section 2 of the Native Amer-
ican Graves Protection and Repatriation Act 
(25 U.S.C. 3001). 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(7) TANGIBLE
CULTURAL
HERITAGE.—The 
term ‘‘tangible cultural heritage’’ means— 
(A) Native American human remains; or 
(B) 
culturally, 
historically, 
or 
archaeologically significant objects, resources, 
patrimony, or other items that are affiliated 
with a Native American culture. 
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SEC. 4. ENHANCED NAGPRA PENALTIES. 
Section 1170 of title 18, United States Code, is 
amended by striking ‘‘5 years’’ each place it appears and 
inserting ‘‘10 years’’. 
SEC. 5. EXPORT PROHIBITION AND CERTIFICATION SYS-
TEM AND INTERNATIONAL AGREEMENTS. 
(a) EXPORT PROHIBITIONS.— 
(1) IN GENERAL.—It shall be unlawful for any 
person to export or otherwise transport from the 
United States any Item Prohibited from Expor-
tation. 
(2) PENALTIES.—Any person who violates 
paragraph (1) shall be fined in accordance with sec-
tion 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. 
(b) EXPORT CERTIFICATION SYSTEM.— 
(1) EXPORT CERTIFICATION REQUIREMENT.— 
(A) IN GENERAL.—No Item Requiring Ex-
port Certification may be exported from the 
United States without first having obtained an 
export certification in accordance with this sub-
section. 
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(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 Items Requiring Export Certifi-
cation, which shall be sufficiently specific 
and precise to ensure an export certifi-
cation is required only of such Items Re-
quiring Export Certification and that fair 
notice is given to exporters and other per-
sons as to which items require an export 
certification under this paragraph; and 
(ii) a description of characteristics 
typical of items that do not qualify as 
Items Requiring Export Certification and 
therefore do not require an export certifi-
cation under this paragraph, which shall— 
(I) clarify that objects made for 
commercial purposes generally do not 
qualify as an Item Requiring Export 
Certification; and 
(II) clarify that in some cir-
cumstances receipts or certifications 
issued by Indian Tribes may be used 
as evidence to demonstrate a par-
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ticular item does not qualify as an 
Item Requiring Export Certification. 
(2) 
ELIGIBILITY
FOR
EXPORT
CERTIFI-
CATION.—An Item Requiring Export Certification is 
not an Item Prohibited from Exportation and is 
therefore eligible for an export certification if it is 
not under ongoing Federal investigation and it— 
(A) was not obtained within the time and 
location provenance parameters of the Native 
American Graves Protection and Repatriation 
Act (25 U.S.C. 3001 et seq.) (including section 
1170 of title 18, United States Code, as added 
by the Native American Graves Protection and 
Repatriation Act), 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 Item Requiring Export Cer-
tification would not otherwise violate any other 
provision of 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-
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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 
Item Requiring Export Certification would not 
otherwise violate any other provision of law; or 
(C) is accompanied by written confirmation 
from an Indian Tribe that the exporter has a 
right of possession, as defined in section 2 of 
the Native American Graves Protection and Re-
patriation Act (25 U.S.C. 3001), or that the In-
dian Tribe has relinquished title or control, as 
provided for in section 3 of the Native Amer-
ican Graves Protection and Repatriation Act 
(25 U.S.C. 3002), of the Item Requiring Ex-
port Certification, and the export of the Item 
Requiring Export Certification would not other-
wise violate any other provision of law. 
(3) EXPORT CERTIFICATION APPLICATION AND 
ISSUANCE PROCEDURES.— 
(A) APPLYING
FOR
EXPORT
CERTIFI-
CATION.— 
(i) ATTESTATION.— 
(I) IN
GENERAL.—With respect 
to each Item Requiring Export Cer-
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tification to be exported from the 
United States, the exporter shall 
make an attestation (on an attestation 
form described in subclause (III)) 
that, to the best of the exporter’s 
knowledge and belief, the exporter is 
not exporting an Item Prohibited from 
Exportation. 
(II) CONSEQUENCES
OF
FALSE 
STATEMENT.—Any willful or knowing 
false statement made on an attesta-
tion form under subclause (I) shall— 
(aa) subject the exporter to 
criminal penalties pursuant to 
section 1001 of title 18, United 
States Code; and 
(bb) prohibit the exporter 
from receiving an export certifi-
cation for any Item Requiring 
Export Certification through at-
testation alone in the future. 
(III) ATTESTATION
FORM.—An 
attestation form shall describe and 
provide pictures of each Item Requir-
ing Export Certification. The Sec-
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retary 
shall 
consult 
with 
Indian 
Tribes in designing the attestation 
form. 
(ii) ADDITIONAL EVIDENCE.—If attes-
tation alone is no longer permitted or an 
export certification is delayed or denied, 
notice shall be given to the exporter, who 
may provide the Secretary with evidence to 
establish that the Item Requiring Export 
Certification is not an Item Prohibited 
from Exportation. 
(B) AVAILABILITY
OF
APPLICATIONS.— 
The Secretary shall make each export certifi-
cation application available to Indian Tribes via 
a secure website immediately after each export 
certification application has been submitted. 
(C) 
ISSUANCE
OF
EXPORT
CERTIFI-
CATION.—The Secretary, in consultation with 
Indian Tribes, may issue an export certification 
for an Item Requiring Export Certification that 
is not an Item Prohibited from Exportation and 
is therefore eligible for export. 
(D) REVOCATION
OF
EXPORT
CERTIFI-
CATION.—If credible evidence is provided that 
indicates an item that received an export certifi-
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cation qualifies as an Item Prohibited from Ex-
portation, the Secretary may immediately re-
voke the export certification. In making a deter-
mination about whether revocation is war-
ranted, Indian Tribes shall be consulted. 
(4) SEIZURE, FORFEITURE, AND RETURN.— 
(A) SEIZURE.—Any Item Requiring Ex-
port Certification that an exporter attempts to 
export without an export certification shall be 
subject to seizure by the U.S. Customs and 
Border Protection. 
(B) FORFEITURE.—An item found to qual-
ify as an Item Prohibited from Exportation 
shall be forfeited, consistent with chapter 46 of 
title 18, United States Code, to the Federal 
Government and repatriated to the Indian 
Tribe pursuant to the process provided for 
under the law under which it is found to be ob-
tained in violation. 
(C) RETURN TO EXPORTER.—An Item Re-
quiring Export Certification that is seized 
under subparagraph (A) for which credible evi-
dence does not establish within 60 days that it 
is an Item Prohibited from Exportation shall be 
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returned to the exporter but shall not receive an 
export certification at that time. 
(5) ADMINISTRATIVE APPEAL.—If the Secretary 
denies an export certification or seizes an Item Re-
quiring Export Certification under this subsection, 
the exporter shall upon request be given a hearing 
on the record under such rules and regulations as 
the Secretary may promulgate. 
(6) FEES.—Reasonable fees may be collected 
for the processing of export certification applications 
under this subsection. 
(7) TRAINING.—The Secretary of Homeland 
Security, acting through the Commissioner of U.S. 
Customs and Border Protection, shall require all ap-
propriate personnel of U.S. Customs and Border 
Protection to participate in training to identify 
Items Requiring Export Certification for purposes of 
this Act and the amendment made by this Act. In-
dian Tribes shall be consulted in developing and de-
livering such trainings. 
(8) VOLUNTARY
RETURN.—Whoever seeks to 
export an Item Requiring Export Certification with-
out a required export certification but voluntarily re-
turns it to the Indian Tribe with a likely cultural af-
filiation prior to active Federal investigation shall 
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not be prosecuted for such violation with respect to 
the Item Requiring Export Certification. The export-
er’s application to obtain an export certification does 
not qualify as triggering an active Federal investiga-
tion. 
(c) AGREEMENTS TO REQUEST RETURN FROM FOR-
EIGN COUNTRIES.—The President is authorized to re-
quest from a State Party agreements or provisional meas-
ures pursuant to the Convention on the Means of Prohib-
iting and Preventing the Illicit Import, Export, and Trans-
fer of Ownership of Cultural Property (823 U.N.T.S. 231 
(1972)), subject to the limitations of Articles 6 and 9, 
under which the President may request the return from 
the State Party of Items Prohibited from Exportation. 
(d) RULES AND REGULATIONS.—All rules and regu-
lations necessary and appropriate to carry out the provi-
sions of this section shall be prescribed by the Secretary 
and shall be made in consultation with Indian Tribes. 
SEC. 6. VOLUNTARY RETURN OF TANGIBLE CULTURAL 
HERITAGE. 
(a) LIAISON.—The Secretary and the Secretary of 
State shall each designate a liaison to facilitate the vol-
untary return of tangible cultural heritage. 
(b) TRAININGS AND WORKSHOPS.—The individuals 
listed in subsection (a) shall hold trainings and workshops 
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for representatives of Indian Tribes and collectors, deal-
ers, and other individuals and organizations regarding the 
voluntary return of tangible cultural heritage. 
(c) REFERRALS.— 
(1) IN GENERAL.—The Secretary shall refer in-
dividuals and organizations to one or more Indian 
Tribes with a likely cultural affiliation to tangible 
cultural heritage for the purpose of facilitating the 
voluntary return of tangible cultural heritage. 
(2) REFERRAL
REPRESENTATIVES.—The Sec-
retary shall compile a list of representatives from 
each Indian Tribe for purposes of referral under 
paragraph (1). 
(3) CONSULTATION.—The Secretary shall con-
sult with Indian Tribes 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 
regarding to which Indian Tribe an individual or or-
ganization should be referred under paragraph (1). 
(d) LEGAL LIABILITY.—This section shall not impose 
additional penalties or legal liability. 
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(e) TAX DOCUMENTATION.—The Secretary’s vol-
untary return facilitation shall include provision of tax 
documentation for a deductible gift to an Indian Tribe. 
(f) REPATRIATION
UNDER
NATIVE
AMERICAN 
GRAVES PROTECTION AND REPATRIATION ACT.—The vol-
untary return provisions of this section shall apply to a 
specific item of tangible cultural heritage only to the ex-
tent that the repatriation provisions under section 7 of the 
Native American Graves Protection and Repatriation Act 
(25 U.S.C. 3005) do not apply to such item of tangible 
cultural heritage. 
SEC. 7. INTERAGENCY WORKING GROUP. 
(a) IN GENERAL.—The Secretary shall convene an 
interagency working group consisting of representatives 
from the Departments of the Interior, Justice, State, and 
Homeland Security. 
(b) GOALS.—The goals of the working group are— 
(1) to facilitate repatriation to Indian Tribes of 
items that have been illegally removed or trafficked 
in violation of law; 
(2) to protect such items still in Indian Tribes’ 
possession; and 
(3) to improve Federal agencies’ implementa-
tion of the Native American Graves Protection and 
Repatriation Act (25 U.S.C. 3001 et seq.) (including 
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