Public Law 117-258

PUBLIC LAW 117–258—DEC. 21, 2022

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SAFEGUARD TRIBAL OBJECTS OF
PATRIMONY ACT OF 2021

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136 STAT. 2372

PUBLIC LAW 117–258—DEC. 21, 2022

Public Law 117–258
117th Congress
An Act
Dec. 21, 2022
[H.R. 2930]
Safeguard
Tribal Objects of
Patrimony Act
of 2021.
25 USC 3071
note.

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25 USC 3071.

To enhance protections of Native American tangible cultural heritage, and for
other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Safeguard Tribal Objects of
Patrimony Act of 2021’’.
SEC. 2. PURPOSES.

The purposes of this Act 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, United States Code, 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,
United States Code, 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, United
States Code, 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 Act, the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.) (including section
1170 of title 18, United States Code, as added by that Act),

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PUBLIC LAW 117–258—DEC. 21, 2022

136 STAT. 2373

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 Act, the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.) (including section
1170 of title 18, United States Code, 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, United States Code (commonly known as the ‘‘Freedom of
Information Act’’)—
(A) information submitted by Indian Tribes or Native
Hawaiian organizations pursuant to this Act; and
(B) information relating to an Item Requiring Export
Certification for which an export certification was denied
pursuant to this Act; and
(8) to encourage buyers to purchase legal contemporary
art made by Native artists for commercial purposes.

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SEC. 3. DEFINITIONS.

25 USC 3072.

In this Act:
(1) ARCHAEOLOGICAL RESOURCE.—The term ‘‘archaeological
resource’’ means an archaeological resource (as defined in section 3 of the Archaeological Resources Protection Act of 1979
(16 U.S.C. 470bb)) 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 Exportation’’ 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, United States Code,
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 sale, purchase, exchange,
transport, receipt, or offer to sell, purchase, or exchange,
including in interstate or foreign commerce, by—
(i) subsections (b) and (c) of section 6 of the Archaeological Resources Protection Act of 1979 (16 U.S.C.
470ee); or
(ii) any other Federal law or treaty.
(6) ITEM REQUIRING EXPORT CERTIFICATION.—

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136 STAT. 2374

PUBLIC LAW 117–258—DEC. 21, 2022
(A) IN GENERAL.—The term ‘‘Item Requiring Export
Certification’’ means—
(i) a cultural item; and
(ii) an archaeological resource.
(B) EXCLUSION.—The term ‘‘Item Requiring Export
Certification’’ 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 authorizing 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, resources, patrimony, or other items that are
affiliated with a Native American culture.

SEC. 4. ENHANCED NAGPRA PENALTIES.

Section 1170 of title 18, United States Code, is amended—
(1) by striking ‘‘5 years’’ each place it appears and inserting
‘‘10 years’’; and
(2) in subsection (a), by striking ‘‘12 months’’ and inserting
‘‘1 year and 1 day’’.

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25 USC 3073.

SEC. 5. 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 otherwise 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 subparagraph
(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, transported, 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, United States Code,
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 violation, or both.
(3) DETENTION, FORFEITURE, AND REPATRIATION.—

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PUBLIC LAW 117–258—DEC. 21, 2022

136 STAT. 2375

(A) DETENTION AND DELIVERY.—The Secretary of
Homeland Security, acting through the Commissioner of
U.S. Customs and Border Protection, shall—
(i) detain any Item Prohibited from Exportation
that is exported, attempted to be exported, or otherwise
transported from the United States in violation of paragraph (1); and
(ii) deliver the Item Prohibited from Exportation
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, United
States Code (including 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 appropriate Indian Tribe
or Native Hawaiian organization in accordance with, as
applicable—
(i) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.) (including
section 1170 of title 18, United States Code, as added
by that Act); or
(ii) the Archaeological Resources Protection 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 certification in accordance
with this subsection.
(B) PUBLICATION.—The Secretary, in consultation with
Indian Tribes and Native Hawaiian organizations, shall
publish in the Federal Register a notice that includes—
(i) a description of characteristics typical of Items
Requiring Export Certification, which shall—
(I) include the definitions of the terms—
(aa) ‘‘cultural items’’ in section 2 of the
Native American Graves Protection and Repatriation Act (25 U.S.C. 3001); and
(bb) ‘‘archaeological resource’’ in section
3 of the Archaeological Resources Protection
Act of 1979 (16 U.S.C. 470bb);
(II) describe the provenance requirements
associated with the trafficking prohibition
applicable to—
(aa) cultural items under section 1170(b)
of title 18, United States Code; and
(bb) archaeological resources under subsections (b) and (c) of section 6 of Archaeological Resources Protection Act of 1979 (16
U.S.C. 470ee);
(III)(aa) include the definitions of the terms
‘‘Native American’’ and ‘‘Native Hawaiian’’ in section 2 of the Native American Graves Protection
and Repatriation Act (25 U.S.C. 3001); and

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Federal Register,
publication.
Notice.

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136 STAT. 2376

PUBLIC LAW 117–258—DEC. 21, 2022
(bb) describe how those terms apply to archaeological resources under this Act; and
(IV) be sufficiently specific and precise to
ensure that—
(aa) an export certification is required only
for Items Requiring Export Certification; and
(bb) fair notice is given to exporters and
other persons regarding which items require
an export certification under this subsection;
and
(ii) a description of characteristics typical of items
that do not qualify as Items Requiring Export Certification and therefore do not require an export certification under this subsection, which shall clarify that—
(I) an item made solely for commercial purposes is presumed to not qualify as an Item
Requiring Export Certification, unless an Indian
Tribe or Native Hawaiian organization challenges
that presumption; and
(II) in some circumstances, receipts or certifications issued by Indian Tribes or Native
Hawaiian organizations with a cultural affiliation
with an item may be used as evidence to demonstrate a particular item does not qualify as an
Item Requiring Export Certification.
(2) ELIGIBILITY FOR EXPORT CERTIFICATION.—An Item
Requiring Export Certification is eligible for an export certification under this subsection if—
(A) the Item Requiring Export Certification is not
under ongoing Federal investigation;
(B) the export of the Item Requiring Export Certification would not otherwise violate any other provision of
law; and
(C) the Item Requiring Export Certification—
(i) is not an Item Prohibited from Exportation;
(ii) was excavated or removed pursuant to a permit
issued under section 4 of the Archaeological Resources
Protection Act of 1979 (16 U.S.C. 470cc) and in compliance with section 3(c) of the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3002(c)),
if the permit for excavation or removal authorizes
export; or
(iii) is accompanied by written confirmation from
the Indian Tribe or Native Hawaiian organization with
authority to alienate the Item Requiring Export Certification that—
(I) the exporter has a right of possession (as
defined in section 2 of the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001))
of the Item Requiring Export Certification; or
(II) the Indian Tribe or Native Hawaiian
organization has relinquished title or control of
the Item Requiring Export Certification in accordance with section 3 of the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3002).
(3) EXPORT CERTIFICATION APPLICATION AND ISSUANCE
PROCEDURES.—

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PUBLIC LAW 117–258—DEC. 21, 2022

136 STAT. 2377

(A) APPLICATIONS FOR EXPORT CERTIFICATION.—
(i) IN GENERAL.—An exporter seeking to export
an Item Requiring Export Certification from the United
States shall submit to the Secretary an export certification application in accordance with clause (iii).
(ii) CONSEQUENCES OF FALSE STATEMENT.—Any
willful or knowing false statement made on an export
certification application form under clause (i) shall—
(I) subject the exporter to criminal penalties
pursuant to section 1001 of title 18, United States
Code; and
(II) prohibit the exporter from receiving an
export certification for any Item Requiring Export
Certification in the future unless the exporter submits additional evidence in accordance with
subparagraph (B)(iii)(I).
(iii) FORM OF EXPORT CERTIFICATION APPLICATION.—The Secretary, in consultation with Indian
Tribes and Native Hawaiian organizations, and at the
discretion of the Secretary, in consultation with third
parties with relevant expertise, including institutions
of higher education, museums, dealers, and collector
organizations, shall develop an export certification
application form, which shall require that an
applicant—
(I) describe, and provide pictures of, each Item
Requiring Export Certification that the applicant
seeks to export;
(II) include all available information regarding
the provenance of each such Item Requiring Export
Certification; and
(III) include the attestation described in
subparagraph (B)(i).
(B) EVIDENCE.—
(i) IN GENERAL.—In completing an export certification application with respect to an Item Requiring
Export Certification that the exporter seeks to export,
the exporter shall attest that, to the best of the knowledge and belief of the exporter, the exporter is not
attempting to export an Item Prohibited from Exportation.
(ii) SUFFICIENCY OF ATTESTATION.—An attestation
under clause (i) shall be considered to be sufficient
evidence to support the application of the exporter
under subparagraph (A)(iii)(III), on the condition that
the exporter is not required to provide additional evidence under clause (iii)(I).
(iii) ADDITIONAL REQUIREMENTS.—
(I) IN GENERAL.—The Secretary shall give
notice to an exporter that submits an export certification application under subparagraph (A)(i) that
the exporter is required to submit additional evidence in accordance with subclause (III) if the
Secretary has determined under subparagraph
(A)(ii) that the exporter made a willful or knowing
false statement on the application or any past
export certification application.

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Requirements.

Attestation.

Notifications.
Determination.

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136 STAT. 2378

PUBLIC LAW 117–258—DEC. 21, 2022
(II) DELAYS OR DENIALS.—The Secretary shall
give notice to an exporter that submits an export
certification application under subparagraph (A)(i)
that the exporter may submit additional evidence
in accordance with subclause (III) if the issuance
of an export certification is—
(aa) delayed pursuant to the examination
by the Secretary of the eligibility of the Item
Requiring Export Certification for an export
certification; or
(bb) denied by the Secretary because the
Secretary determined that the Item Requiring
Export Certification is not eligible for an
export certification under this subsection.
(III) ADDITIONAL EVIDENCE.—On receipt of
notice under subclause (I), an exporter shall, or
on receipt of a notice under subclause (II), an
exporter may, provide the Secretary with such
additional evidence as the Secretary may require
to establish that the Item Requiring Export Certification is eligible for an export certification under
this subsection.
(C) DATABASE APPLICATIONS.—
(i) IN GENERAL.—The Secretary shall establish and
maintain a secure central Federal database information system (referred to in this subparagraph as the
‘‘database’’) for the purpose of making export certification applications available to Indian Tribes and
Native Hawaiian organizations.
(ii) COLLABORATION REQUIRED.—The Secretary
shall collaborate with Indian Tribes, Native Hawaiian
organizations, and the interagency working group convened under section 7(a) in the design and implementation of the database.
(iii) AVAILABILITY.—Immediately on receipt of an
export certification application, the Secretary shall
make the export certification application available on
the database.
(iv) DELETION FROM DATABASE.—On request by an
Indian Tribe or Native Hawaiian organization, the Secretary shall delete an export certification application
from the database.
(v) TECHNICAL ASSISTANCE.—If an Indian Tribe or
Native Hawaiian organization lacks sufficient
resources to access the database or respond to agency
communications in a timely manner, the Secretary,
in consultation with Indian Tribes and Native
Hawaiian organizations, shall provide technical assistance to facilitate that access or response, as applicable.
(D) ISSUANCE OF EXPORT CERTIFICATION.—
(i) On receipt of an export certification application
for an Item Requiring Export Certification that meets
the requirements of subparagraphs (A) and (B), if the
Secretary, in consultation with Indian Tribes and
Native Hawaiian organizations with a cultural affiliation with the Item Requiring Export Certification,

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Determination.

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PUBLIC LAW 117–258—DEC. 21, 2022

136 STAT. 2379

determines that the Item Requiring Export Certification is eligible for an export certification under paragraph (2), the Secretary may issue an export certification for the Item Requiring Export Certification.
(ii) On receipt of an export certification application
for an Item Requiring Export Certification that meets
the requirements of subparagraphs (A) and (B)—
(I) the Secretary shall have 1 business day
to notify the relevant Indian Tribes and Native
Hawaiian Organizations of an application for
export of an Item Requiring Export Certification;
(II) Indian Tribes and Native Hawaiian
organizations shall have 9 business days to review
the export certification application;
(III) if an Indian Tribe or Native Hawaiian
organization notifies the Secretary that the Item
Requiring Export Certification may not be eligible
for an export certification under paragraph (2),
the Secretary shall have 7 business days to review
the application;
(IV) if no Indian Tribe or Native Hawaiian
organization so notifies the Secretary, the Secretary shall have 1 business day to review the
application;
(V) with notice to the exporter, the Secretary
may extend the review of an application for up
to 30 business days if credible evidence is provided
that the Item Requiring Export Certification may
not be eligible for an export certification under
paragraph (2); and
(VI) the Secretary shall make a determination
to approve or deny the export certification application within the time allotted.
(E) REVOCATION OF EXPORT CERTIFICATION.—
(i) IN GENERAL.—If credible evidence is provided
that indicates that an item that received an export
certification under subparagraph (D) is not eligible
for an export certification under paragraph (2), the
Secretary may immediately revoke the export certification.
(ii) DETERMINATION.—In determining whether a
revocation is warranted under clause (i), the Secretary
shall consult with Indian Tribes and Native Hawaiian
organizations with a cultural affiliation with the
affected Item Requiring Export Certification.
(4) DETENTION, FORFEITURE, REPATRIATION, AND RETURN.—
(A) DETENTION AND DELIVERY.—The Secretary of
Homeland Security, acting through the Commissioner of
U.S. Customs and Border Protection, shall—
(i) detain any Item Requiring Export Certification
that an exporter attempts to export or otherwise transport without an export certification; and
(ii) deliver the Item Requiring Export Certification
to the Secretary, for seizure by the Secretary.
(B) FORFEITURE.—Any Item Requiring Export Certification that is detained under subparagraph (A)(i) shall
be subject to forfeiture to the United States in accordance

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Deadlines.
Reviews.
Notification.

Notification.
Extension.

Determination.

Consultation.

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Deadline.
Determination.

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Determination.

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PUBLIC LAW 117–258—DEC. 21, 2022
with chapter 46 of title 18, United States Code (including
section 983(c) of that chapter).
(C) REPATRIATION OR RETURN TO EXPORTER.—
(i) IN GENERAL.—Not later than 60 days after the
date of delivery to the Secretary of an Item Requiring
Export Certification under subparagraph (A)(ii), the
Secretary shall determine whether the Item Requiring
Export Certification is an Item Prohibited from Exportation.
(ii) REPATRIATION.—If an Item Requiring Export
Certification is determined by the Secretary to be an
Item Prohibited from Exportation and is forfeited
under subparagraph (B), the item shall be expeditiously repatriated to the appropriate Indian Tribe or
Native Hawaiian organization in accordance with, as
applicable—
(I) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.) (including
section 1170 of title 18, United States Code, as
added by that Act); or
(II) the Archaeological Resources Protection
Act of 1979 (16 U.S.C. 470aa et seq.).
(iii) RETURN TO EXPORTER.—
(I) IN GENERAL.—If the Secretary determines
that credible evidence does not establish that the
Item Requiring Export Certification is an Item
Prohibited from Exportation, or if the Secretary
does not complete the determination by the deadline described in clause (i), the Secretary shall
return the Item Requiring Export Certification to
the exporter.
(II) EFFECT.—The return of an Item Requiring
Export Certification to an exporter under subclause (I) shall not mean that the Item Requiring
Export Certification is eligible for an export certification under this subsection.
(5) PENALTIES.—
(A) ITEMS REQUIRING EXPORT CERTIFICATION.—
(i) IN GENERAL.—It shall be unlawful for any person to export, attempt to export, or otherwise transport
from the United States any Item Requiring Export
Certification without first obtaining an export certification.
(ii) PENALTIES.—Except as provided in subparagraph (D), any person who violates clause (i) shall
be—
(I) assessed a civil penalty in accordance with
such regulations as the Secretary promulgates
pursuant to section 10; and
(II) subject to any other applicable penalties
under this Act.
(B) ITEMS PROHIBITED FROM EXPORTATION.—Whoever
exports an Item Prohibited from Exportation without first
securing an export certification shall be liable for a civil
money penalty, the amount of which shall equal the total
cost of storing and repatriating the Item Prohibited from
Exportation.

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136 STAT. 2381

(C) USE OF FINES COLLECTED.—Any amounts collected
by the Secretary as a civil penalty under subparagraph
(A)(ii)(I) or (B) shall be credited to the currently applicable
appropriation, account, or fund of the Department of the
Interior as discretionary offsetting collections and shall
be available only to the extent and in the amounts provided
in advance in appropriations Acts—
(i) to process export certification applications under
this subsection; and
(ii) to store and repatriate the Item Prohibited
from Exportation.
(D) VOLUNTARY RETURN.—
(i) IN GENERAL.—Any person who attempts to
export or otherwise transport from the United States
an Item Requiring Export Certification without first
obtaining an export certification, but voluntarily
returns the Item Requiring Export Certification, or
directs the Item Requiring Export Certification to be
returned, to the appropriate Indian Tribe or Native
Hawaiian organization in accordance with section 6
prior to the commencement of an active Federal investigation shall not be prosecuted for a violation of
subparagraph (A) with respect to the Item Requiring
Export Certification.
(ii) ACTIONS NOT COMMENCING A FEDERAL INVESTIGATION.—For purposes of clause (i), the following
actions shall not be considered to be actions that commence an active Federal investigation:
(I) The submission by the exporter of an export
certification application for the Item Requiring
Export Certification under paragraph (3)(A)(i).
(II) The detention of the Item Requiring
Export Certification by the Secretary of Homeland
Security, acting through the Commissioner of U.S.
Customs and Border Protection, under paragraph
(4)(A)(i).
(III) The delivery to the Secretary of the Item
Requiring Export Certification by the Secretary
of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection,
under paragraph (4)(A)(ii).
(IV) The seizure by the Secretary of the Item
Requiring Export Certification under paragraph
(4)(A)(ii).
(6) FEES.—
(A) IN GENERAL.—The Secretary may assess reasonable
fees to process export certification applications under this
subsection, subject to subparagraph (B).
(B) AVAILABILITY OF AMOUNTS COLLECTED.—Fees
authorized under subparagraph (A) shall be collected and
available only to the extent and in the amounts provided
in advance in appropriations Acts.
(7) ADMINISTRATIVE APPEAL.—If the Secretary denies an
export certification or an Item Requiring Export Certification
is detained under this subsection, the exporter, on request,
shall be given a hearing on the record in accordance with

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Requirements.

President.

25 USC 3074.

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such rules and regulations as the Secretary promulgates pursuant to section 10.
(8) TRAINING.—
(A) IN GENERAL.—The Secretary, the Secretary of State,
the Attorney General, and the heads of all other relevant
Federal agencies shall require all appropriate personnel
to participate in training regarding applicable laws and
consultations to facilitate positive government-to-government interactions with Indian Tribes and Native Hawaiian
Organizations.
(B) U.S. CUSTOMS AND BORDER PROTECTION TRAINING.—
The Secretary of Homeland Security, acting through the
Commissioner of U.S. Customs and Border Protection, shall
require all appropriate personnel of U.S. Customs and
Border Protection to participate in training provided by
the Secretary of the Interior or an Indian Tribe or Native
Hawaiian organization to assist the personnel in identifying, handling, and documenting in a culturally sensitive
manner Items Requiring Export Certification for purposes
of this Act.
(C) CONSULTATION.—In developing or modifying and
delivering trainings under subparagraphs (A) and (B), the
applicable heads of Federal agencies shall consult with
Indian Tribes and Native Hawaiian organizations.
(c) AGREEMENTS TO REQUEST RETURN FROM FOREIGN COUNTRIES.—The President may request from foreign nations agreements
that specify concrete measures that the foreign nation will carry
out—
(1) to discourage commerce in, and collection of, Items
Prohibited from Exportation;
(2) to encourage the voluntary return of tangible cultural
heritage; and
(3) to expand the market for the products of Indian art
and craftsmanship in accordance with section 2 of the Act
of August 27, 1935 (49 Stat. 891, chapter 748; 25 U.S.C. 305a)
(commonly known as the ‘‘Indian Arts and Crafts Act’’).
SEC. 6. VOLUNTARY RETURN OF TANGIBLE CULTURAL HERITAGE.

(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).

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(3) CONSULTATION.—The Secretary shall consult with
Indian Tribes, Native Hawaiian organizations, and the Native
working group convened under section 8(a) 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
7 of the Native American Graves Protection and Repatriation Act
(25 U.S.C. 3005) do not apply to the item of tangible cultural
heritage.

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SEC. 7. INTERAGENCY WORKING GROUP.

25 USC 3075.

(a) IN GENERAL.—The Secretary shall designate a coordinating
office to convene an interagency working group consisting of representatives from the Departments of the Interior, Justice, State,
and Homeland Security.
(b) GOALS.—The goals of the interagency working group convened under subsection (a) are—
(1) to facilitate the repatriation to Indian Tribes and Native
Hawaiian organizations of items that have been illegally
removed or trafficked in violation of applicable law;
(2) to protect tangible cultural heritage, cultural items,
and archaeological resources still in the possession of Indian
Tribes and Native Hawaiian organizations; and
(3) to improve the implementation by the applicable Federal
agencies of—
(A) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section
1170 of title 18, United States Code, as added by that
Act);
(B) the Archaeological Resources Protection Act of 1979
(16 U.S.C. 470aa et seq.); and
(C) other relevant Federal laws.
(c) RESPONSIBILITIES.—The interagency working group convened under subsection (a) shall—
(1) aid in implementation of this Act and the amendments
made by this Act, including by aiding in—
(A) the voluntary return of tangible cultural heritage
under section 6; and
(B) halting international sales of items that are prohibited from being trafficked under Federal law; and
(2) collaborate with—

Designation.
Establishment.

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(A) the Native working group convened under section
8(a);
(B) the review committee established under section
8(a) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3006(a));
(C) 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); and
(D) any other relevant committees and working groups.

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25 USC 3076.

SEC. 8. NATIVE WORKING GROUP.

Establishment.

(a) IN GENERAL.—The Secretary shall convene a Native working
group consisting of not fewer than 12 representatives of Indian
Tribes and Native Hawaiian organizations with relevant expertise,
who shall be nominated by Indian Tribes and Native Hawaiian
organizations, to advise the Federal Government in accordance
with this section.
(b) RECOMMENDATIONS.—The Native working group convened
under subsection (a) may provide recommendations regarding—
(1) the voluntary return of tangible cultural heritage by
collectors, dealers, and other individuals 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 initiate certain agency
actions, including requests that—
(1) the Department of Justice initiate judicial proceedings
domestically or abroad to aid in the repatriation cultural items
and archaeological resources; and
(2) the Department of State initiate dialogue through diplomatic channels to aid in that repatriation.
(d) AGENCY AND COMMITTEE ASSISTANCE.—
(1) IN GENERAL.—On request by the Native working group
convened under subsection (a), the agencies and committees
described in paragraph (2) shall make efforts to provide
information and assistance 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
8(a) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3006(a)).
(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.

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(e) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Native working group convened under subsection (a).
SEC. 9. TREATMENT UNDER FREEDOM OF INFORMATION ACT.

25 USC 3077.

(a) IN GENERAL.—Except as provided in subsection (c), the
following information shall be exempt from disclosure under section
552 of title 5, United States Code:
(1) Information that a representative of an Indian Tribe
or Native Hawaiian organization—
(A) submits to a Federal agency pursuant to this Act
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 Act or an amendment made by this
Act that relates to an item for which an export certification
is denied under this Act.
(b) APPLICABILITY.—For purposes of subsection (a), this Act
shall be considered a statute described in section 552(b)(3)(B) of
title 5, United States Code.
(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.
SEC. 10. REGULATIONS.

Not later than 1 year after the date of enactment of this
Act, the Secretary, in consultation with the Secretary of State,
the Secretary of Homeland Security, and the Attorney General,
and after consultation with Indian Tribes and Native Hawaiian
organizations, shall promulgate rules and regulations to carry out
this Act.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this Act
$3,000,000 for each of fiscal years 2022 through 2027.

Deadline.
25 USC 3078.

Time period.
25 USC 3079.

SEC. 12. DETERMINATION OF BUDGETARY EFFECTS.

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The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined
by reference to the latest statement titled ‘‘Budgetary Effects of
PAYGO Legislation’’ for this Act, submitted for printing in the

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Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior
to the vote on passage.

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Approved December 21, 2022.

LEGISLATIVE HISTORY—H.R. 2930 (S. 1471):
HOUSE REPORTS: No. 117–196, Pt. 1 (Comm. on Natural Resources).
SENATE REPORTS: No. 117–33 (Comm. on Indian Affairs) accompanying S. 1471.
CONGRESSIONAL RECORD:
Vol. 167 (2021): Dec. 1, 2, considered and passed House.
Vol. 168 (2022): Nov. 29, considered and passed Senate.

Æ

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