Title 25, IndiansRelease 119-110

§3074 Voluntary Return of Tangible Cultural Heritage

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

Last updated Sep 22, 2026|Official source

Summary

The Secretary and the Secretary of State must each pick a point person to help with the voluntary return of physical cultural items. Those point people must offer trainings and workshops to tribal and Native Hawaiian representatives, collectors, dealers, and others. The Secretary will refer people and organizations to one or more tribes or Native Hawaiian groups that have a cultural connection to an item, keep a list of tribal and Native Hawaiian contacts, and consult with tribes, Native Hawaiian groups, and the Native working group before making referrals. The Secretary may use outside experts like universities, museums, dealers, or collector groups to help decide referrals. Nothing here creates extra legal penalties. If a tribe or Native Hawaiian group agrees, the Secretary will provide tax paperwork for a deductible gift. These voluntary return rules only apply when NAGPRA repatriation rules do not.

Full Legal Text

Title 25, §3074

Indians, Source: USLM XML via OLRC

(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 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 do not apply to the item of tangible cultural heritage.

Reference

Citations & Metadata

Citation

25 U.S.C. § 3074

Title 25, Indians

Last Updated

Sep 22, 2026

Release point: 119-110