Sec. 8. Halting international sales
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/bill/115/hr/7075/ih/section-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An Indian Tribe or Native Hawaiian organization may submit to the liaison designated by the Secretary of State a request that the United States become involved in halting the international sale of Native American cultural items obtained in violation of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. or 18 U.S.C. 1170 ), Native American archaeological resources obtained in violation of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.), and Native American objects of antiquity obtained in violation of the Antiquities Act under section 1866(b) of title 18, United States Code.
Such a request shall include— a certification that the Indian Tribe or Native Hawaiian organization submits evidence the item was illegally removed or trafficked in violation of Federal law; and any other relevant information establishing that the item is protected under Federal law. Not later than 15 days after receipt of a request under subsection
(a)or before the sale is finalized, whichever is sooner, the Secretary of State shall contact— the foreign government and person intending to sell the item to request that— the sale not take place; and the item be returned to the relevant Indian Tribe or Native Hawaiian organization; and the Department of Justice to transmit the request and any other relevant information. Upon receipt of a request from the Secretary of State under subsection (b), the Attorney General shall contact the appropriate Indian Tribe or Native Hawaiian organization to consult the Tribe or organization regarding legal options with regard to the sale or intended sale of the item, which may include filing criminal charges domestically or abroad against the seller or the foreign government or person intending to sell the item. The Attorney General shall consult the appropriate Indian Tribe or Native Hawaiian organization regarding whether to initiate legal action and whether any legal action that the Attorney General commenced should be dismissed, in order to facilitate voluntary return of the item. In the case that an Indian Tribe or Native Hawaiian organization submits to the Attorney General a request that the Attorney General cease pursuing legal action with regard to the sale of the Indian Tribe’s or Native Hawaiian organization’s item, the Attorney General shall promptly cease pursuing such legal action.
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