25 U.S.C. § 3071: Purposes

Summary

Protects Native American cultural heritage and sets rules to stop illegal trade and help return protected items. It aims to carry out the United States’ trust duty to Indian Tribes and to strengthen penalties for violating the Native American Graves Protection and Repatriation Act (NAGPRA, 25 U.S.C. 3001 et seq.). It also stops exports of cultural items banned by NAGPRA and the Archaeological Resources Protection Act (ARPA, 16 U.S.C. 470aa et seq.) by banning exports, creating an export certification system, and allowing the President to seek foreign agreements or temporary measures. It creates a federal system to support voluntary returns, an interagency working group, and a Native working group of Tribes and Native Hawaiian organizations. It protects certain tribe-submitted information from release under section 552 of title 5 (FOIA). It encourages buying legal contemporary Native art.

Title 25, §3071

Indians, Source: USLM XML via OLRC

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 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 archaeological 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 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 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 Federal agencies to successfully implement this chapter, 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), the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa 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 et seq.) (including section 1170 of title 18, as added by that Act), the Archaeological Resources 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 “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.

Notes & Related Subsidiaries

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 Patrimony Act of 2021, which is classified principally to this chapter. For complete classification of this Act to the Code, see

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note set out below and Tables. The Native American Graves Protection and Repatriation 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

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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 chapter 1B (§ 470aa et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see

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note set out under section 470aa of Title 16 and Tables.

Statutory Notes and Related Subsidiaries

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Pub. L. 117–258, § 1, Dec. 21, 2022, 136 Stat. 2372, provided that: “This Act [enacting this chapter and amending section 1170 of Title 18, Crimes and Criminal Procedure] may be cited as the ‘Safeguard Tribal Objects of Patrimony Act of 2021’.”

§3071 Purposes

Summary

Title 25, §3071

Notes & Related Subsidiaries

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References in Text

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