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25 U.S.C. § 3074 — Voluntary return of tangible cultural heritage
Federal law — U.S. Code and appendices · legal_authorities
**(a) Liaison** The Secretary and the Secretary of State shall each designate a liaison to facilitate the voluntary return of tangible cultural heritage.
**(b) Trainings and workshops** The liaisons designated under subsection (a) shall offer to representatives of Indian Tribes and Native Hawaiian organizations and collectors, dealers, and other individuals and organizations trainings and workshops regarding the voluntary return of tangible cultural heritage.
**(c) Referrals**
(1) **In general** — The Secretary shall refer individuals and organizations to 1 or more Indian Tribes and Native Hawaiian organizations with a cultural affiliation to tangible cultural heritage for the purpose of facilitating the voluntary return of tangible cultural heritage.
(2) **Referral representatives** — The Secretary shall compile a list of representatives from each Indian Tribe and Native Hawaiian organization for purposes of referral under paragraph (1).
(3) **Consultation** — The Secretary shall consult with Indian Tribes, Native Hawaiian organizations, and the Native working group convened under [section 3076(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3076/a&num=0&edition=prelim) before making a referral under paragraph (1).
(4) **Third-party experts** — The Secretary may use third parties with relevant expertise, including institutions of higher education, museums, dealers, and collector organizations, in determining to which Indian Tribe or Native Hawaiian organization an individual or organization should be referred under paragraph (1).
**(d) Legal liability** Nothing in this section imposes on any individual or entity any additional penalties or legal liability.
**(e) Tax documentation** In facilitating the voluntary retu
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Stable record: federal_law:legal_authorities:record_usc_f9f92cf6d65d309b7dd4610b
Source file: Laws/federal/codes/united-states-code/title-25/section-3074-voluntary-return-of-tangible-cultural-heritage--284cec3296.md
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Source location: Title 25, Chapter 32B, § 3074; chapter-32b-safeguard-tribal-objects-of-patrimony.md
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**(a) Liaison** The Secretary and the Secretary of State shall each designate a liaison to facilitate the voluntary return of tangible cultural heritage.
**(b) Trainings and workshops** The liaisons designated under subsection (a) shall offer to representatives of Indian Tribes and Native Hawaiian organizations and collectors, dealers, and other individuals and organizations trainings and workshops regarding the voluntary return of tangible cultural heritage.
**(c) Referrals**
(1) **In general** — The Secretary shall refer individuals and organizations to 1 or more Indian Tribes and Native Hawaiian organizations with a cultural affiliation to tangible cultural heritage for the purpose of facilitating the voluntary return of tangible cultural heritage.
(2) **Referral representatives** — The Secretary shall compile a list of representatives from each Indian Tribe and Native Hawaiian organization for purposes of referral under paragraph (1).
(3) **Consultation** — The Secretary shall consult with Indian Tribes, Native Hawaiian organizations, and the Native working group convened under [section 3076(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3076/a&num=0&edition=prelim) before making a referral under paragraph (1).
(4) **Third-party experts** — The Secretary may use third parties with relevant expertise, including institutions of higher education, museums, dealers, and collector organizations, in determining to which Indian Tribe or Native Hawaiian organization an individual or organization should be referred under paragraph (1).
**(d) Legal liability** Nothing in this section imposes on any individual or entity any additional penalties or legal liability.
**(e) Tax documentation** In facilitating the voluntary return of tangible cultural heritage under this section, the Secretary shall include provision of tax documentation for a deductible gift to an Indian Tribe or Native Hawaiian organization, if the recipient Indian Tribe or Native Hawaiian organization consents to the provision of tax documentation.
**(f) Repatriation under Native American Graves Protection and Repatriation Act** The voluntary return provisions of this section shall apply to a specific item of tangible cultural heritage only to the extent that the repatriation provisions under [section 3005 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3005&num=0&edition=prelim) do not apply to the item of tangible cultural heritage.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Repatriation of Native American human remains and objects possessed or controlled by Federal agencies and museums**
(1) If, pursuant to [section 3003 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3003&num=0&edition=prelim), the cultural affiliation of Native American human remains and associated funerary objects with a particular Indian tribe or Native Hawaiian organization is established, then the Federal agency or museum, upon the request of a known lineal descendant of the Native American or of the tribe or organization and pursuant to subsections (b) and (e) of this section, shall expeditiously return such remains and associated funerary objects.
(2) If, pursuant to [section 3004 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3004&num=0&edition=prelim), the cultural affiliation with a particular Indian tribe or Native Hawaiian organization is shown with respect to unassociated funerary objects, sacred objects or objects of cultural patrimony, then the Federal agency or museum, upon the request of the Indian tribe or Native Hawaiian organization and pursuant to subsections (b), (c) and (e) of this section, shall expeditiously return such objects.
(3) The return of cultural items covered by this chapter shall be in consultation with the requesting lineal descendant or tribe or organization to determine the place and manner of delivery of such items.
(4) Where cultural affiliation of Native American human remains and funerary objects has not been established in an inventory prepared pursuant to [section 3003 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3003&num=0&edition=prelim), or the summary pursuant to [section 3004 of thi
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 545
TITLE 25—INDIANS
§ 3074
cation without first obtaining an export
certification, but voluntarily returns the
Item Requiring Export Certification, or di-
rects the Item Requiring Export Certifi-
cation to be returned, to the appropriate
Indian Tribe or Native Hawaiian organiza-
tion in accordance with section 3074 of this
title prior to the commencement of an ac-
tive Federal investigation shall not be
prosecuted for a violation of subparagraph
(A) with respect to the Item Requiring Ex-
port Certification.
(ii) Actions not commencing a Federal in-
vestigation
For purposes of clause (i), the following
actions shall not be considered to be ac-
tions that commence an active Federal in-
vestigation:
(I) The submission by the exporter of
an export certification application for
the Item Requiring Export Certification
under paragraph (3)(A)(i).
(II) The detention of the Item Requir-
ing Export Certification by the Sec-
retary of Homeland Security, acting
through the Commissioner of U.S. Cus-
toms and Border Protection, under para-
graph (4)(A)(i).
(III) The delivery to the Secretary of
the Item Requiring Export Certification
by the Secretary of Homeland Security,
acting through the Commissioner of U.S.
Customs and Border Protection, under
paragraph (4)(A)(ii).
(IV) The seizure by the Secretary of
the Item Requiring Export Certification
under paragraph (4)(A)(ii).
(6) Fees
(A) In general
The Secretary may assess reasonable fees
to process export certification applications
under this subsection, subject to subpara-
graph (B).
(B) Availability of amounts collected
Fees authorized under subparagraph (A)
shall be collected and available only to the
extent and in the amounts provided in ad-
vance in appropriations Acts.
(7) Administrative app
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 3074
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