§ 3071. Purposes

675 words·~3 min read·/usc/title-25/section-3071

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The purposes of this chapter 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, 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, 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, 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 chapter, the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, as added by that Act), 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 chapter, the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, 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 (commonly known as the “Freedom of Information Act”)—

(A)information submitted by Indian Tribes or Native Hawaiian organizations pursuant to this chapter; and

(B)information relating to an Item Requiring Export Certification for which an export certification was denied pursuant to this chapter; and

(8)to encourage buyers to purchase legal contemporary art made by Native artists for commercial purposes.

(Pub. L. 117–258, § 2, Dec. 21, 2022, 136 Stat. 2372.)

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