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25 U.S.C. § 3071 — Purposes
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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Stable record: federal_law:legal_authorities:record_usc_90bb3af79a02d3121ec71924
Source file: Laws/federal/codes/united-states-code/title-25/section-3071-purposes--3e8014c769.md
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Passage SHA-256: a3eb3d0eea973ce61996d20923d59561b87100b99214de30f42ec09c768dd661
Source location: Title 25, Chapter 32B, § 3071; chapter-32b-safeguard-tribal-objects-of-patrimony.md
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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 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 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.);
(5) to establish an interagency working group to ensure communication between Federal agencies to successfully implement this chapter, 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), 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 other relevant Federal laws;
(6) to establish a Native working group of Indian Tribes and Native Hawaiian organizations to assist in the implementation of this chapter, 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), 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 other relevant Federal laws;
(7) to 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) (commonly known as the “Freedom of Information Act”)—
(A) information submitted by Indian Tribes or Native Hawaiian organizations pursuant to this chapter; and
(B) information relating to an Item Requiring Export Certification for which an export certification was denied pursuant to this chapter; and
(8) to encourage buyers to purchase legal contemporary art made by Native artists for commercial purposes.
Cross-references
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1170
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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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds that—
(1) archaeological resources on public lands and Indian lands are an accessible and irreplaceable part of the Nation’s heritage;
(2) these resources are increasingly endangered because of their commercial attractiveness;
(3) existing Federal laws do not provide adequate protection to prevent the loss and destruction of these archaeological resources and sites resulting from uncontrolled excavations and pillage; and
(4) there is a wealth of archaeological information which has been legally obtained by private individuals for noncommercial purposes and which could voluntarily be made available to professional archaeologists and institutions.
**(b)** The purpose of this chapter is to secure, for the present and future benefit of the American people, the protection of archaeological resources and sites which are on public lands and Indian lands, and to foster increased cooperation and exchange of information between governmental authorities, the professional archaeological community, and private individuals having collections of archaeological resources and data which were obtained before October 31, 1979.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 470aa
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Archaeological resource** — The term “archaeological resource” means an archaeological resource (as defined in [section 470bb of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470bb&num=0&edition=prelim)) that is Native American.
(2) **Cultural affiliation** — The term “cultural affiliation” means that there is a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present day Indian Tribe or Native Hawaiian organization and an identifiable earlier group.
(3) **Cultural item** — The term “cultural item” means any 1 or more cultural items (as defined in section 2 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))).
(4) **Indian Tribe** — The term “Indian Tribe” has the meaning given the term “Indian tribe” in section 2 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)).
(5) **Item Prohibited from Exportation** — The term “Item Prohibited from Exportation” means—
(A) a cultural item prohibited from being trafficked, including through sale, purchase, use for profit, or transport for sale or profit, by—
(i) [section 1170(b) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1170/b&num=0&edition=prelim), as added 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.); or
(ii) any other Federal law or treaty;
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3072
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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
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3078
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Federal law — U.S. Code and appendices · legal_authorities
There is authorized to be appropriated to carry out this chapter $3,000,000 for each of fiscal years 2022 through 2027.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3079
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