Title 25IndiansRelease 119-73

§3074 Voluntary return of tangible cultural heritage

Title 25 › Chapter CHAPTER 32B— - SAFEGUARD TRIBAL OBJECTS OF PATRIMONY › § 3074

Last updated Apr 6, 2026|Official source

Summary

The Secretary and the Secretary of State must each pick a person to help with the voluntary return of cultural items. Those helpers must offer trainings and workshops to representatives of Indian Tribes and Native Hawaiian organizations, and to collectors, dealers, and other people or groups. The Secretary must refer people or groups to one or more Indian Tribes or Native Hawaiian organizations that have a cultural link to the item. The Secretary will make a list of tribal and Native Hawaiian representatives, talk with tribes, Native Hawaiian organizations, and the Native working group under section 3076(a) before referring, and may use outside experts (for example, colleges, museums, dealers, or collector groups) to decide referrals. No new penalties or legal liability are created. If the recipient tribe or Native Hawaiian organization agrees, the Secretary will provide tax paperwork for a deductible gift. The voluntary return rules apply only when the repatriation rules in section 3005 do not apply to the item.

Full Legal Text

Title 25, §3074

Indians — Source: USLM XML via OLRC

(a)The Secretary and the Secretary of State shall each designate a liaison to facilitate the voluntary return of tangible cultural heritage.
(b)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)(1)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)The Secretary shall compile a list of representatives from each Indian Tribe and Native Hawaiian organization for purposes of referral under paragraph (1).
(3)The Secretary shall consult with Indian Tribes, Native Hawaiian organizations, and the Native working group convened under section 3076(a) of this title before making a referral under paragraph (1).
(4)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)Nothing in this section imposes on any individual or entity any additional penalties or legal liability.
(e)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)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 do not apply to the item of tangible cultural heritage.

Reference

Citations & Metadata

Citation

25 U.S.C. § 3074

Title 25Indians

Last Updated

Apr 6, 2026

Release point: 119-73