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25 U.S.C. § 3077 — Treatment under Freedom of Information Act

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3077 — Treatment under Freedom of Information Act

**(a) In general** Except as provided in subsection (c), the following information shall be exempt from disclosure under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim): (1) Information that a representative of an Indian Tribe or Native Hawaiian organization— (A) submits to a Federal agency pursuant to this chapter or an amendment made by this Act; and (B) designates as sensitive or private according to Native American custom, law, culture, or religion. (2) Information that any person submits to a Federal agency pursuant to this chapter or an amendment made by this Act that relates to an item for which an export certification is denied under this chapter. **(b) Applicability** For purposes of subsection (a), this chapter shall be considered a statute described in [section 552(b)(3)(B) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3/B&num=0&edition=prelim). **(c) Exception** An Indian Tribe or Native Hawaiian organization may request and shall receive its own information, as described in subsection (a), from the Federal agency to which the Indian Tribe or Native Hawaiian organization submitted the information.

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Source file: Laws/federal/codes/united-states-code/title-25/section-3077-treatment-under-freedom-of-information-act--f889beb49f.md
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Source location: Title 25, Chapter 32B, § 3077; chapter-32b-safeguard-tribal-objects-of-patrimony.md

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1170 — Illegal trafficking in Native American human remains and cultural items

**(a)** Whoever knowingly sells, purchases, uses for profit, or transports for sale or profit, the human remains of a Native American without the right of possession to those remains as provided in the Native American Graves Protection and Repatriation Act shall be fined in accordance with this title, or imprisoned not more than 1 year and 1 day, or both, and in the case of a second or subsequent violation, be fined in accordance with this title, or imprisoned not more than 10 years, or both. **(b)** Whoever knowingly sells, purchases, uses for profit, or transports for sale or profit any Native American cultural items obtained in violation of the Native American Grave Protection and Repatriation Act shall be fined in accordance with this title, imprisoned not more than one year, or both, and in the case of a second or subsequent violation, be fined in accordance with this title, imprisoned not more than 10 years, or both.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 552 — Public information; agency rules, opinions, orders, records, and proceedings

**(a)** Each agency shall make available to the public information as follows: (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public— (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and (E) each amendment, revision, or repeal of the foregoing. Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register. (2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format— (A) final opinions, including concurring and dissen

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3071 — Purposes

The purposes of this chapter are— (1) to carry out the trust responsibility of the United States 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3001&num=0&edition=prelim) et seq.) (including [section 1170 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1170&num=0&edition=prelim), as added by that Act), in order to strengthen deterrence; (3) to stop the export, and facilitate the international repatriation, of cultural items prohibited from being trafficked by the Native American Graves Protection and Repatriation Act ([25 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3001&num=0&edition=prelim) et seq.) (including [section 1170 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1170&num=0&edition=prelim), as added by that Act) and archaeological resources prohibited from being trafficked by the Archaeological Resources Protection Act of 1979 ([16 U.S.C. 470aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470aa&num=0&edition=prelim) et seq.) by— (A) explicitly prohibiting the export; (B) creating an export certification system; and (C) confirming the authority of the President to request from foreign nations agreements or provisional measures to prevent irremediable damage to Native American cultural heritage; (4) to establish a Federal framework in order to support the voluntary return by individuals and organizations of items of tangible cultural heritage, including items covered by the Native American Graves Protect

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3077 — Treatment under Freedom of Information

Page 547 TITLE 25—INDIANS § 3078 1 See References in Text note below. § 3076. Native working group (a) In general The Secretary shall convene a Native working group consisting of not fewer than 12 representa- tives of Indian Tribes and Native Hawaiian orga- nizations with relevant expertise, who shall be nominated by Indian Tribes and Native Hawai- ian organizations, to advise the Federal Govern- ment in accordance with this section. (b) Recommendations The Native working group convened under subsection (a) may provide recommendations re- garding— (1) the voluntary return of tangible cultural heritage by collectors, dealers, and other indi- viduals and non-Federal organizations that hold such tangible cultural heritage; and (2) the elimination of illegal commerce of cultural items and archaeological resources in the United States and foreign markets. (c) Requests The Native working group convened under subsection (a) may make formal requests to ini- tiate certain agency actions, including requests that— (1) the Department of Justice initiate judi- cial proceedings domestically or abroad to aid in the repatriation cultural items and archae- ological resources; and (2) the Department of State initiate dialogue through diplomatic channels to aid in that re- patriation. (d) Agency and committee assistance (1) In general On request by the Native working group con- vened under subsection (a), the agencies and committees described in paragraph (2) shall make efforts to provide information and as- sistance to the Native working group. (2) Description of agencies and committees The agencies and committees referred to in paragraph (1) are the following: (A) The Department of the Interior. (B) The Department of Justice. (C) The Department of Homeland

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