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18 U.S.C. § 1170 — Illegal trafficking in Native American human remains and cultural items
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_29fe57d51f9f414be529fc00
Source file: Laws/federal/codes/united-states-code/title-18/section-1170-illegal-trafficking-in-native-american-human-remains-and-cultural-items--67fc24b358.md
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Source location: Title 18, Chapter 53, § 1170; chapter-053-indians.md
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**(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
For purposes of this chapter, the term—
(1) “burial site” means any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which as a part of the death rite or ceremony of a culture, individual human remains are deposited.
(2) “cultural affiliation” means that there is a relationship of shared group identity which can be reasonably traced historically or prehistorically between a present day Indian tribe or Native Hawaiian organization and an identifiable earlier group.
(3) “cultural items” means human remains and—
(A) “associated funerary objects” which shall mean objects that, as a part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later, and both the human remains and associated funerary objects are presently in the possession or control of a Federal agency or museum, except that other items exclusively made for burial purposes or to contain human remains shall be considered as associated funerary objects.11 So in original. The period probably should be a comma.
(B) “unassociated funerary objects” which shall mean objects that, as a part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later, where the remains are not in the possession or control of the Federal agency or museum and the objects can be identified by a preponderance of the evidence as related to specific individuals or families or to known human remains or, by a preponderance of the evidence, as having been removed from a specific burial site of an individual culturally affiliated with a particular Indian tribe,
(C) “sacred objects” which
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3001
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3071
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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
**(a) In general** The Secretary shall designate a coordinating office to 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 interagency working group convened under subsection (a) are—
(1) to facilitate the repatriation to Indian Tribes and Native Hawaiian organizations of items that have been illegally removed or trafficked in violation of applicable law;
(2) to protect tangible cultural heritage, cultural items, and archaeological resources still in the possession of Indian Tribes and Native Hawaiian organizations; and
(3) to improve the implementation by the applicable Federal agencies of—
(A) 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);
(B) 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.); and
(C) other relevant Federal laws.
**(c) Responsibilities** The interagency working group convened under subsection (a) shall—
(1) aid in implementation of this chapter and the amendments made by this Act, including by aiding in—
(A) the voluntary return of tangible cultural heritage under [section 3074 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3074&num=0&edition=prelim); and
(B) halting international sales of items that are prohibited from being traff
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3075
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3077
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Federal law — U.S. Code and appendices · legal_authorities
Page 353
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 1170
(b) Any person who—
(1) supervises, or has authority over, a per-
son described in subsection (a)(1), and
(2) inhibits or prevents that person from
making the report described in subsection (a),
shall be fined under this title or imprisoned for
not more than 6 months or both.
(c) For purposes of this section, the term—
(1) ‘‘abuse’’ includes—
(A) any case in which—
(i) a child is dead or exhibits evidence of
skin bruising, bleeding, malnutrition, fail-
ure to thrive, burns, fracture of any bone,
subdural hematoma, soft tissue swelling,
and
(ii) such condition is not justifiably ex-
plained or may not be the product of an ac-
cidental occurrence; and
(B) any case in which a child is subjected
to sexual assault, sexual molestation, sexual
exploitation, sexual contact, or prostitution;
(2) ‘‘child’’ means an individual who—
(A) is not married, and
(B) has not attained 18 years of age;
(3) ‘‘local child protective services agency’’
means that agency of the Federal Govern-
ment, of a State, or of an Indian tribe that has
the primary responsibility for child protection
on any Indian reservation or within any com-
munity in Indian country; and
(4) ‘‘local law enforcement agency’’ means
that Federal, tribal, or State law enforcement
agency that has the primary responsibility for
the investigation of an instance of alleged
child abuse within the portion of Indian coun-
try involved.
(d) Any person making a report described in
subsection (a) which is based upon their reason-
able belief and which is made in good faith shall
be immune from civil or criminal liability for
making that report.
(Added Pub. L. 101–630, title IV, § 404(a)(1), Nov.
28, 1990, 104 Stat. 4547; amended Pub. L. 103–322,
title XXXI
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 1170
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.