25 U.S.C. § 3072 — Definitions

Page 540 TITLE 25—INDIANS § 3072 (1) to carry out the trust responsibility of the United States to Indian Tribes; (2) to increase the maximum penalty for ac- tions taken in violation of the Native Amer- ican Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, 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 et seq.) (including section 1170 of title 18, as added by that Act) and ar- chaeological resources prohibited from being trafficked by the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) by— (A) explicitly prohibiting the export; (B) creating an export certification sys- tem; and (C) confirming the authority of the Presi- dent to request from foreign nations agree- ments or provisional measures to prevent ir- remediable damage to Native American cul- tural 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 Na- tive American Graves Protection and Repatri- ation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, as added by that Act) and the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.); (5) to establish an interagency working group to ensure communication between Fed- eral agencies to successfully implement this chapter, the Native American Graves Protec- tion and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, as added by that Act), the Archaeological Re- sources Protection Act of 1979 (16 U.S.C. 470aa et seq.), and other relevant Federal laws; (6) to establish a Native working group of In- dian Tribes and Native Hawaiian organiza- tions to assist in the implementation of this chapter, the Native American Graves Protec- tion and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, as added by that Act), the Archaeological Re- sources Protection Act of 1979 (16 U.S.C. 470aa et seq.), and other relevant Federal laws; (7) to exempt from disclosure under section 552 of title 5 (commonly known as the ‘‘Free- dom of Information Act’’)— (A) information submitted by Indian Tribes or Native Hawaiian organizations pursuant to this chapter; and (B) information relating to an Item Re- quiring Export Certification for which an ex- port certification was denied pursuant to this chapter; and (8) to encourage buyers to purchase legal contemporary art made by Native artists for commercial purposes. (Pub. L. 117–258, § 2, Dec. 21, 2022, 136 Stat. 2372.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in the provision preceding par. (1) and in pars. (5) to (7), was in the original ‘‘this Act’’, meaning Pub. L. 117–258, Dec. 21, 2022, 136 Stat. 2372, known as the Safeguard Tribal Objects of Pat- rimony Act of 2021, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables. The Native American Graves Protection and Repatri- ation Act, referred to in pars. (2) to (6), is Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, which is classified principally to chapter 32 (§ 3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables. The Archaeological Resources Protection Act of 1979, referred to in pars. (3) to (6), is Pub. L. 96–95, Oct. 31, 1979, 93 Stat. 721, which is classified generally to chap- ter 1B (§ 470aa et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 470aa of Title 16 and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 117–258, § 1, Dec. 21, 2022, 136 Stat. 2372, pro- vided that: ‘‘This Act [enacting this chapter and amending section 1170 of Title 18, Crimes and Criminal Procedure] may be cited as the ‘Safeguard Tribal Ob- jects of Patrimony Act of 2021’.’’ § 3072. Definitions In this chapter: (1) Archaeological resource The term ‘‘archaeological resource’’ means an archaeological resource (as defined in sec- tion 470bb of title 16) 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)). (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). (5) Item Prohibited from Exportation The term ‘‘Item Prohibited from Expor- tation’’ 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, as added by the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); or (ii) any other Federal law or treaty; and (B) an archaeological resource prohibited from being trafficked, including through Page 541 TITLE 25—INDIANS § 3073 sale, purchase, exchange, transport, receipt, or offer to sell, purchase, or exchange, in- cluding in interstate or foreign commerce, by— (i) subsections (b) and (c) of section 470ee of title 16; or (ii) any other Federal law or treaty. (6) Item Requiring Export Certification (A) In general The term ‘‘Item Requiring Export Certifi- cation’’ means— (i) a cultural item; and (ii) an archaeological resource. (B) Exclusion The term ‘‘Item Requiring Export Certifi- cation’’ does not include an item described in clause (i) or (ii) of subparagraph (A) for which an Indian Tribe or Native Hawaiian organization with a cultural affiliation with the item has provided a certificate author- izing exportation of the item. (7) Native American The term ‘‘Native American’’ means— (A) Native American (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)); and (B) Native Hawaiian (as so defined). (8) Native Hawaiian organization The term ‘‘Native Hawaiian organization’’ has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001). (9) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior. (10) Tangible cultural heritage The term ‘‘tangible cultural heritage’’ means— (A) Native American human remains; or (B) culturally, historically, or archaeologically significant objects, re- sources, patrimony, or other items that are affiliated with a Native American culture. (Pub. L. 117–258, § 3, Dec. 21, 2022, 136 Stat. 2373.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 117–258, Dec. 21, 2022, 136 Stat. 2372, known as the Safeguard Tribal Objects of Patrimony Act of 2021, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3071 of this title and Tables. The Native American Graves Protection and Repatri- ation Act, referred to in par. (5)(A)(i), is Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, which is classified prin- cipally to chapter 32 (§ 3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables. § 3073. Export prohibitions; export certification system; international agreements (a) Export prohibitions (1) In general It shall be unlawful for any person— (A) to export, attempt to export, or other- wise 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 sub- paragraph (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, trans- ported, 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, 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 viola- tion, or both. (3) Detention, forfeiture, and repatriation (A) Detention and delivery The Secretary of Homeland Security, act- ing through the Commissioner of U.S. Cus- toms and Border Protection, shall— (i) detain any Item Prohibited from Ex- portation that is exported, attempted to be exported, or otherwise transported from the United States in violation of para- graph (1); and (ii) deliver the Item Prohibited from Ex- portation 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 (in- cluding section 983(c) of that chapter). (C) Repatriation Any Item Prohibited from Exportation that is forfeited under subparagraph (B) shall be expeditiously repatriated to the ap- propriate Indian Tribe or Native Hawaiian organization in accordance with, as applica- ble— (i) the Native American Graves Protec- tion and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, as added by that Act); or (ii) the Archaeological Resources Protec- tion Act of 1979 (16 U.S.C. 470aa et seq.). (b) Export certification system (1) Export certification requirement (A) In general No Item Requiring Export Certification may be exported from the United States without first having obtained an export cer- tification in accordance with this sub- section. (B) Publication The Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, shall publish in the Federal Register a no- tice that includes—