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25 U.S.C. § 3077 — Treatment under Freedom of Information
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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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 Security.
(D) The Department of State.
(E) The review committee established
under section 3006(a) of this title.
(F) The Cultural Heritage Coordinating
Committee established pursuant to section 2
of the Protect and Preserve International
Cultural Property Act (Public Law 114–151;
19 U.S.C. 2601 note).
(G) Any other relevant Federal agency,
committee, or working group.
(e) Applicability of Federal Advisory Committee
Act
The Federal Advisory Committee Act (5 U.S.C.
App.) 1 shall not apply to the Native working
group convened under subsection (a).
(Pub. L. 117–258, § 8, Dec. 21, 2022, 136 Stat. 2384.)
Editorial Notes
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsec. (e), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770,
which was set out in the Appendix to Title 5, Govern-
ment Organization and Employees, and was substan-
tially repealed and restated in chapter 10 (§ 1001 et seq.)
of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136
Stat. 4197, 4361. For disposition of sections of the Act
into chapter 10 of Title 5, see Disposition Table pre-
ceding section 101 of Title 5.
§ 3077. Treatment under Freedom of Information
Act
(a) In general
Except as provided in subsection (c), the fol-
lowing information shall be exempt from disclo-
sure under section 552 of title 5:
(1) Information that a representative of an
Indian Tribe or Native Hawaiian organiza-
tion—
(A) submits to a Federal agency pursuant
to this chapter or an amendment made by
this Act; and
(B) designates as sensitive or private ac-
cording 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 de-
nied under this chapter.
(b) Applicability
For purposes of subsection (a), this chapter
shall be considered a statute described in sec-
tion 552(b)(3)(B) of title 5.
(c) Exception
An Indian Tribe or Native Hawaiian organiza-
tion may request and shall receive its own infor-
mation, as described in subsection (a), from the
Federal agency to which the Indian Tribe or Na-
tive Hawaiian organization submitted the infor-
mation.
(Pub. L. 117–258, § 9, Dec. 21, 2022, 136 Stat. 2385.)
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.
An amendment made by this Act, referred to in sub-
sec. (a)(1)(A), (2), means the amendment made by Pub.
L. 117–258, which amended section 1170 of Title 18,
Crimes and Criminal Procedure.
§ 3078. Regulations
Not later than 1 year after December 21, 2022,
the Secretary, in consultation with the Sec-
retary of State, the Secretary of Homeland Se-
curity, and the Attorney General, and after con-
sultation with Indian Tribes and Native Hawai-
ian organizations, shall promulgate rules and
regulations to carry out this chapter.
(Pub. L. 117–258, § 10, Dec. 21, 2022, 136 Stat. 2385.)
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
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter—
(1) The term “agreement” includes any amendment to, or extension of, any agreement under this chapter that enters into force with respect to the United States.
(2) The term “archaeological or ethnological material of the State Party” means—
(A) any object of archaeological interest;
(B) any object of ethnological interest; or
(C) any fragment or part of any object referred to in subparagraph (A) or (B);
which was first discovered within, and is subject to export control by, the State Party. For purposes of this paragraph—
(i) no object may be considered to be an object of archaeological interest unless such object—
(I) is of cultural significance;
(II) is at least two hundred and fifty years old; and
(III) was normally discovered as a result of scientific excavation, clandestine or accidental digging, or exploration on land or under water; and
(ii) no object may be considered to be an object of ethnological interest unless such object is—
(I) the product of a tribal or nonindustrial society, and
(II) important to the cultural heritage of a people because of its distinctive characteristics, comparative rarity, or its contribution to the knowledge of the origins, development, or history of that people.
(3) The term “Committee” means the Cultural Property Advisory Committee established under [section 2605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2605&num=0&edition=prelim).
(4) The term “consignee” means a consignee as defined in section 1483 11 See References in Text note below. of this title.
(5) The term “Convention” means the Convention on the means of prohibiting and preventing the illicit import, export, and transfer of ownership of cultural p
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2601
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Federal law — U.S. Code and appendices · legal_authorities
Page 757
TITLE 19—CUSTOMS DUTIES
§ 2601
1 See References in Text note below.
was classified generally to sections 1 to 6, 7 to 39 and
41 to 44 of the former Appendix to Title 50, War and Na-
tional Defense, prior to editorial reclassification and
renumbering as chapter 53 (§ 4301 et seq.) of Title 50. For
complete classification of this Act to the Code, see Ta-
bles.
AMENDMENTS
1988—Subsec. (b)(3). Pub. L. 100–418 substituted ‘‘notes
of the Harmonized Tariff Schedule of the United
States’’ for ‘‘headnotes of the Tariff Schedules of the
United States’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–418 effective Jan. 1, 1989,
and applicable with respect to articles entered on or
after such date, see section 1217(b)(1) of Pub. L. 100–418,
set out as an Effective Date note under section 3001 of
this title.
EFFECTIVE DATE
Pub. L. 96–39, title XI, § 1114, July 26, 1979, 93 Stat. 317,
provided that: ‘‘Except as otherwise provided in this
title, this title [enacting this subchapter, amending the
Tariff Schedules of the United States and sections 1315,
1337, 2112, 2119, 2131, 2155, 2192, 2253, 2432, 2434, 2435, 2462,
2463, 2464, 2481, and 2486 of this title, section 5315 of
Title 5, Government Organization and Employees, and
section 301 of Title 13, Census, enacting provisions set
out as notes under sections 2111, 2112, and 2464 of this
title and 301 of Title 13, and amending a provision set
out as a note under section 2101 of this title] shall take
effect on the date of enactment of this Act [July 26,
1979].’’
§ 2582. Repealed. Pub. L. 98–67, title II, § 214(d),
Aug. 5, 1983, 97 Stat. 393
Section, Pub. L. 96–39, title XI, § 1112, July 26, 1979, 93
Stat. 316, authorized payment of compensation t
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2601
Stored review status: historical_2024_not_currentness_verified. The source passage cites 19 U.S.C. § 2601. This identifies an authority to review, not proof of applicability.
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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