Sec. 2. Purpose
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It is the purpose of this Act— to carry out the United States trust responsibility to Indian Tribes; 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 the Native American Graves Protection and Repatriation Act), in order to strengthen deterrence; to make internationally applicable 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 the Native American Graves Protection and Repatriation Act), the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.), and the Antiquities Act under section 1866(b) of title 18, United States Code, to facilitate the international repatriation of Native American cultural items, Native American archaeological resources, and Native American objects of antiquity; to access other countries’ domestic laws and law enforcement mechanisms to facilitate international repatriation by explicitly prohibiting the exportation of Native American cultural items obtained 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 the Native American Graves Protection and Repatriation Act), 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, and by creating an export certification system; to confirm the authority of the President to request from foreign nations agreements or provisional measures under the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (823 U.N.T.S. 231 (1972)), to facilitate the return of Native American cultural items obtained 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 the Native American Graves Protection and Repatriation Act), 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; to establish a Federal framework in order to support individuals’ and organizations’ voluntary return of items of tangible cultural heritage, which need not be obtained 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 the Native American Graves Protection and Repatriation Act), the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.), or the Antiquities Act under section 1866(b) of title 18, United States Code; to establish an interagency working group to ensure communication between all Federal agencies to successfully implement 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 the Native American Graves Protection and Repatriation Act), the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.), and the Antiquities Act under section 1866(b) of title 18, United States Code; to establish a Tribal working group to provide recommendations regarding implementation 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 the Native American Graves Protection and Repatriation Act), the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.), and the Antiquities Act under section 1866(b) of title 18, United States Code; and to create a Freedom of Information Act exemption for information submitted by Indian Tribes pursuant to this Act.
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