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25 U.S.C. § 3078 — Regulations
Federal law — U.S. Code and appendices · legal_authorities
Not later than 1 year after December 21, 2022, the Secretary, in consultation with the Secretary of State, the Secretary of Homeland Security, and the Attorney General, and after consultation with Indian Tribes and Native Hawaiian organizations, shall promulgate rules and regulations to carry out this chapter.
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Source file: Laws/federal/codes/united-states-code/title-25/section-3078-regulations--fbc68c7f1a.md
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Source location: Title 25, Chapter 32B, § 3078; chapter-32b-safeguard-tribal-objects-of-patrimony.md
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Not later than 1 year after December 21, 2022, the Secretary, in consultation with the Secretary of State, the Secretary of Homeland Security, and the Attorney General, and after consultation with Indian Tribes and Native Hawaiian organizations, shall promulgate rules and regulations to carry out this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
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
**(a) Export prohibitions**
(1) **In general** — It shall be unlawful for any person—
(A) to export, attempt to export, or otherwise transport from the United States any Item Prohibited from Exportation;
(B) to conspire with any person to engage in an activity described in subparagraph (A); or
(C) to conceal an activity described in subparagraph (A).
(2) **Penalties** — Any person who violates paragraph (1) and knows, or in the exercise of due care should have known, that the Item Prohibited from Exportation was taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any Federal law or treaty, shall be fined in accordance with [section 3571 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3571&num=0&edition=prelim), imprisoned for not more than 1 year and 1 day for a first violation, and not more than 10 years for a second or subsequent violation, or both.
(3) **Detention, forfeiture, and repatriation**
(A) *Detention and delivery* — The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall—
(i) detain any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1); and
(ii) deliver the Item Prohibited from Exportation to the Secretary.
(B) *Forfeiture* — Any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1) shall be subject to forfeiture to the United States in accordance with chapter 46 of title 18 (including section 983(c) of that chapter).
(C) *Repatriation* — Any Item Prohibited from Exportation that is forfeited u
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3073
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Federal law — U.S. Code and appendices · legal_authorities
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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