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S. 1400: Safeguard Tribal Objects of Patrimony Act of 2017

The text of the bill below is as of Jun 21, 2017 (Introduced).


II

115th CONGRESS

1st Session

S. 1400

IN THE SENATE OF THE UNITED STATES

June 21, 2017

(for himself, Mr. Flake, Mr. Udall, Mr. McCain, Mr. Schatz, Mr. Daines, Mr. Tester, and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

A BILL

To amend title 18, United States Code, to enhance protections of Native American tangible cultural heritage, and for other purposes.

1.

Short title

This Act may be cited as the Safeguard Tribal Objects of Patrimony Act of 2017.

2.

Enhanced protections for Native American cultural heritage

(a)

Enhanced penalties

Section 1170 of title 18, United States Code, is amended by striking 5 years each place it appears and inserting 10 years.

(b)

Prohibition of exporting Native American cultural heritage

Chapter 53 of title 18, United States Code, is amended by adding at the end the following:

1171.

Illegal exportation of Native American cultural heritage

(a)

Definitions

In this section:

(1)

Archaeological resource

The term archaeological resource has the meaning given the term in section 3 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb).

(2)

Cultural item

The term cultural item has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001).

(3)

Native American

The term Native American has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001).

(b)

Prohibition

It shall be unlawful for any person to knowingly export or otherwise transport from the United States any—

(1)

Native American cultural item that was obtained in violation of section 1170 of this title or section 3(c) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002(c));

(2)

Native American archaeological resource that was obtained in violation of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.); or

(3)

Native American object of antiquity that was obtained in violation of section 1866(b) of this title.

(c)

Penalty

Any person who violates subsection (b) shall—

(1)

in the case of a first violation under this section, be fined under this title, imprisoned for not more than 1 year, or both; and

(2)

in the case of a second or subsequent violation under this section, be fined under this title, imprisoned for not more than 10 years, or both.

.

(c)

Regulations

The Attorney General and Secretary of Homeland Security, in consultation with the Secretary of the Interior, shall prescribe such rules and regulations as are necessary and appropriate to carry out the amendments made by this section.

(d)

Technical and conforming amendment

The table of sections for chapter 53 of title 18, United States Code, is amended by adding at the end the following:

1171. Illegal exportation of Native American cultural heritage.

.

3.

Definitions

In this Act:

(1)

Indian tribe

The term Indian tribe has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001).

(2)

Native American

The term Native American has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001).

(3)

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).

(4)

Secretary

The term Secretary means the Secretary of the Interior.

(5)

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.

4.

Voluntary return of tangible cultural heritage

(a)

Policy

It shall be the policy of the United States to encourage the voluntary return of tangible cultural heritage to Indian tribes and Native Hawaiian organizations by collectors, dealers, and other individuals and non-Federal organizations that hold such heritage.

(b)

Liaison

The Secretary and the Secretary of State shall each designate a liaison to facilitate the voluntary return of tangible cultural heritage.

(c)

Trainings and workshops

The individuals listed in subsection (b) shall hold trainings and workshops for representatives of Indian tribes and Native Hawaiian organizations and collectors, dealers, and other individuals and non-Federal organizations regarding the voluntary return of tangible cultural heritage.

(d)

Referrals

(1)

In general

The Secretary shall refer individuals and organizations to one or more Indian tribes or Native Hawaiian organizations with a likely 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 and Native Hawaiian organizations that possess unique expertise in their cultural heritage before making a referral under paragraph (1).

(4)

Third-party experts

The Secretary may utilize knowledgeable experts from regional academic institutions and museums to aid in making determinations regarding to which Indian tribe or Native Hawaiian organization an individual or organization should be referred under paragraph (1).

5.

Tribal working group

(a)

In general

The Secretary shall convene a tribal working group consisting of representatives of Indian tribes and Native Hawaiian organizations to advise the Federal Government.

(b)

Recommendations

The tribal working group convened under subsection (a) may provide recommendations regarding—

(1)

the return of tangible cultural heritage by collectors, dealers, and other individuals and non-Federal organizations that hold such tangible cultural heritage;

(2)

the elimination of illegal commerce in tangible cultural heritage in the United States and foreign markets; and

(3)

the repatriation to Indian tribes and Native Hawaiian organizations of tangible cultural heritage that have been illegally removed or trafficked in violation of Federal law.

(c)

Agency and committee assistance

(1)

In general

The agencies and committees described in paragraph (2) shall provide information and assistance to the tribal working group convened under subsection (a) upon request by the tribal working group.

(2)

Agencies and committees

The agencies and committees described in this paragraph 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 Native American Graves Protection and Repatriation Review Committee established under section 8 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3006).

(F)

The Cultural Property Advisory Committee established under section 306 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2605).

(G)

Any other relevant Federal agency.