Safeguard Tribal Objects of Patrimony Act of 2021
Summary
House Report 117–196, Part 1, is the report of the Committee on Natural Resources, submitted by Mr. Grijalva and ordered to be printed December 1, 2021, on H.R. 2930, the Safeguard Tribal Objects of Patrimony Act of 2021, with a Congressional Budget Office cost estimate. The Committee reports favorably, with an amendment, the bill to enhance protections of Native American tangible cultural heritage and recommends that it do pass. The amendment's stated purposes include increasing the maximum penalty for violations of the Native American Graves Protection and Repatriation Act, stopping the export of prohibited cultural items through an export certification system, and setting up a federal framework for voluntary return of cultural items. It also provides for an interagency working group and a Native working group.
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- Crpt Crpt 117Hrpt196 Crpt 117Hrpt196 Pt1
Cite this document
“Safeguard Tribal Objects of Patrimony Act of 2021.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117hrpt196-crpt-117hrpt196-pt1/
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117TH CONGRESS REPT. 117–196
" HOUSE OF REPRESENTATIVES !
1st Session Part 1
SAFEGUARD TRIBAL OBJECTS OF PATRIMONY ACT OF
2021
DECEMBER 1, 2021.—Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. GRIJALVA, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 2930]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 2930) to enhance protections of Native American tangible
cultural heritage, and for other purposes, having considered the
same, reports favorably thereon with an amendment and rec-
ommends that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the following:
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 Na-
tive 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 Protec-
tion 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 na-
tions 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
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29–006
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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 be-
tween Federal agencies to successfully implement this Act, the Native American
Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including sec-
tion 1170 of title 18, United States Code, as added by that Act), the Archae-
ological 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 sec-
tion 1170 of title 18, United States Code, as added by that Act), the Archae-
ological 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 organiza-
tions 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.
SEC. 3. DEFINITIONS.
In this Act:
(1) ARCHAEOLOGICAL RESOURCE.—The term ‘‘archaeological resource’’ means
an archaeological resource (as defined in section 3 of the Archaeological Re-
sources 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 histori-
cally 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 Re-
patriation 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 Repa-
triation 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, pur-
chase, 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.—
(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
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Graves Protection and Repatriation Act (25 U.S.C. 3001)); and
(B) Native Hawaiian (as so defined).
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(8) NATIVE HAWAIIAN ORGANIZATION.—The term ‘‘Native Hawaiian organiza-
tion’’ 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, re-
sources, patrimony, or other items that are affiliated with a Native Amer-
ican 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’’.
SEC. 5. EXPORT PROHIBITIONS; EXPORT CERTIFICATION SYSTEM; INTERNATIONAL AGREE-
MENTS.
(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 sub-
paragraph (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 Expor-
tation 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.—
(A) DETENTION AND DELIVERY.—The Secretary of Homeland Security, act-
ing through the Commissioner of U.S. Customs and Border Protection,
shall—
(i) detain any Item Prohibited from Exportation that is exported, at-
tempted 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 (includ-
ing section 983(c) of that chapter).
(C) REPATRIATION.—Any Item Prohibited from Exportation that is for-
feited under subparagraph (B) shall be expeditiously repatriated to the ap-
propriate 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 ex-
ported from the United States without first having obtained an export cer-
tification 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 no-
tice 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
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(bb) ‘‘archaeological resource’’ in section 3 of the Archae-
ological Resources Protection Act of 1979 (16 U.S.C. 470bb);
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(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
(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 Requir-
ing Export Certification; and
(bb) fair notice is given to exporters and other persons re-
garding 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 pre-
sumption; and
(II) in some circumstances, receipts or certifications issued by In-
dian Tribes or Native Hawaiian organizations with a cultural affili-
ation with an item may be used as evidence to demonstrate a par-
ticular item does not qualify as an Item Requiring Export Certifi-
cation.
(2) ELIGIBILITY FOR EXPORT CERTIFICATION.—An Item Requiring Export Cer-
tification 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 other-
wise 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 sec-
tion 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 per-
mit 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 Re-
quiring 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 relin-
quished title or control of the Item Requiring Export Certification
in accordance with section 3 of the Native American Graves Protec-
tion and Repatriation Act (25 U.S.C. 3002).
(3) EXPORT CERTIFICATION APPLICATION AND ISSUANCE PROCEDURES.—
(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 Sec-
retary 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 sub-
paragraph (B)(iii)(I).
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(iii) FORM OF EXPORT CERTIFICATION APPLICATION.—The Secretary, in
consultation with Indian Tribes and Native Hawaiian organizations,
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and at the discretion of the Secretary, in consultation with third parties
with relevant expertise, including institutions of higher education, mu-
seums, dealers, and collector organizations, shall develop an export cer-
tification 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 ex-
porter 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 subpara-
graph (A)(i) that the exporter is required to submit additional evi-
dence in accordance with subclause (III) if the Secretary has deter-
mined under subparagraph (A)(ii) that the exporter made a willful
or knowing false statement on the application or any past export
certification application.
(II) DELAYS OR DENIALS.—The Secretary shall give notice to an
exporter that submits an export certification application under sub-
paragraph (A)(i) that the exporter may submit additional evidence
in accordance with subclause (III) if the issuance of an export cer-
tification 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 deter-
mined that the Item Requiring Export Certification is not eligi-
ble for an export certification under this subsection.
(III) ADDITIONAL EVIDENCE.—On receipt of notice under sub-
clause (I), an exporter shall, or on receipt of a notice under sub-
clause (II), an exporter may, provide the Secretary with such addi-
tional evidence as the Secretary may require to establish that the
Item Requiring Export Certification is eligible for an export certifi-
cation 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 sub-
paragraph as the ‘‘database’’) for the purpose of making export certifi-
cation applications available to Indian Tribes and Native Hawaiian or-
ganizations.
(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 imple-
mentation of the database.
(iii) AVAILABILITY.—Immediately on receipt of an export certification
application, the Secretary shall make the export certification applica-
tion available on the database.
(iv) DELETION FROM DATABASE.—On request by an Indian Tribe or
Native Hawaiian organization, the Secretary shall delete an export cer-
tification application from the database.
(v) TECHNICAL ASSISTANCE.—If an Indian Tribe or Native Hawaiian
organization lacks sufficient resources to access the database or re-
spond 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,
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as applicable.
(D) ISSUANCE OF EXPORT CERTIFICATION.—
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(i) On receipt of an export certification application for an Item Re-
quiring Export Certification that meets the requirements of subpara-
graphs (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, determines that the Item Requir-
ing 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 Re-
quiring Export Certification that meets the requirements of sub-para-
graphs (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 Sec-
retary shall have 7 business days to review the application;
(IV) If no Indian Tribe or Native Hawaiian organization so noti-
fies the Secretary, the Secretary shall have 1 business day to re-
view the application;
(V) With notice to the exporter, the Secretary may extend the re-
view of an application for up to 30 business days if credible evi-
dence 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 Sec-
retary may immediately revoke the export certification.
(ii) DETERMINATION.—In determining whether a revocation is war-
ranted 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, act-
ing 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 certifi-
cation; 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 de-
tained under subparagraph (A)(i) shall be subject to forfeiture to the United
States in accordance with chapter 46 of title 18, United States Code (includ-
ing 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 subpara-
graph (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 de-
termined 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 organi-
zation 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.—
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(I) IN GENERAL.—If the Secretary determines that credible evi-
dence does not establish that the Item Requiring Export Certifi-
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cation 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 Certifi-
cation to an exporter under subclause (I) shall not mean that the
Item Requiring Export Certification is eligible for an export certifi-
cation under this subsection.
(5) PENALTIES.—
(A) ITEMS REQUIRING EXPORT CERTIFICATION.—
(i) IN GENERAL.—It shall be unlawful for any person to export, at-
tempt 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 Expor-
tation.
(C) USE OF FINES COLLECTED.—Any amounts collected by the Secretary
as a civil penalty under subparagraph (A)(ii)(I) or (B)—
(i) may be used by the Secretary—
(I) for fines collected under subparagraph (A)(ii)(I), to process ex-
port certification applications under this subsection; and
(II) for fines collected under subparagraph (B), to store and repa-
triate the Item Prohibited from Exportation;
(ii) shall supplement (and not supplant) any appropriations to the
Secretary to carry out this subsection; and
(iii) shall not be covered into the Treasury as miscellaneous receipts.
(D) VOLUNTARY RETURN.—
(i) IN GENERAL.—Any person who attempts to export or otherwise
transport from the United States an Item Requiring Export Certifi-
cation without first obtaining an export certification, but voluntarily re-
turns the Item Requiring Export Certification, or directs the Item Re-
quiring 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 pur-
poses 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 ap-
plication for the Item Requiring Export Certification under para-
graph (3)(A)(i).
(II) The detention of the Item Requiring Export Certification by
the Secretary of Homeland Security, acting through the Commis-
sioner 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 collect reasonable fees to process ex-
port certification applications under this subsection.
(B) AVAILABILITY OF AMOUNTS COLLECTED.—Any amounts collected by the
Secretary under subparagraph (A)—
(i) shall supplement (and not supplant) any appropriations to the
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Secretary for the activities described in subparagraph (A); and
(ii) shall not be covered into the Treasury as miscellaneous receipts.
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8
(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
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 sen-
sitive 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 Expor-
tation;
(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 liai-
son 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 work-
shops 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 af-
filiation to tangible cultural heritage for the purpose of facilitating the vol-
untary return of tangible cultural heritage.
(2) REFERRAL REPRESENTATIVES.—The Secretary shall compile a list of rep-
resentatives from each Indian Tribe and Native Hawaiian organization for pur-
poses of referral under paragraph (1).
(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 col-
lector 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 documenta-
tion 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 REPATRI-
ATION 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.
SEC. 7. INTERAGENCY WORKING GROUP.
(a) IN GENERAL.—The Secretary shall designate a coordinating office to convene
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an interagency working group consisting of representatives from the Departments
of the Interior, Justice, State, and Homeland Security.
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(b) GOALS.—The goals of the interagency working group convened under sub-
section (a) are—
(1) to facilitate the repatriation to Indian Tribes and Native Hawaiian organi-
zations of items that have been illegally removed or trafficked in violation of
applicable law;
(2) to protect tangible cultural heritage, cultural items, and archaeological re-
sources still in the possession of Indian Tribes and Native Hawaiian organiza-
tions; 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—
(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.
SEC. 8. NATIVE WORKING GROUP.
(a) IN GENERAL.—The Secretary shall convene a Native working group consisting
of not fewer than 12 representatives of Indian Tribes and Native Hawaiian organi-
zations with relevant expertise, who shall be nominated by Indian Tribes and Na-
tive 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 re-
sources 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 commit-
tees 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
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(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 con-
vened under subsection (a).
SEC. 9. TREATMENT UNDER FREEDOM OF INFORMATION ACT.
(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 cus-
tom, 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 Fed-
eral 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 Hawai-
ian 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.
PURPOSE OF THE BILL
The purpose of H.R. 2930 is to enhance protections of Native
American tangible cultural heritage.
BACKGROUND AND NEED FOR LEGISLATION
The STOP Act will increase the penalties for trafficking tribal
cultural patrimony and explicitly prohibit the export of such ob-
jects. The Act will establish federal frameworks to assist in the re-
patriation of stolen tribal objects between federal agencies and trib-
al governments.
The Native American Graves Protection and Repatriation Act 1
(NAGPRA) and the Archaeological Resources Protection Act 2
(ARPA) have served as the primary legal barriers to the looting of
tribal patrimony and any sales that might result from it. However,
objects removed illegally from tribal lands have continued to sur-
face in international private markets. Court decisions have tradi-
tionally favored auction houses’ interests over the concerns of tribal
nations. Apart from litigation proceedings, tribal governments have
resorted to diplomatic negotiations, as bidding for the return of
such objects has been viewed as both offensive and monetarily im-
possible.
1 Pub. L. No. 101–601, 104 Stat. 3048 (1990), https://uscode.house.gov/
statviewer.htm?volume=104&page=3048 (codified as amended at various, see http://
uscode.house.gov/table3/101_601.htm) (statutory compilation as of Oct. 8, 2019, at https://
www.govinfo.gov/content/pkg/COMPS-1409/pdf/COMPS-1409.pdf).
2 Pub. L. No. 96–95, 93 Stat. 721 (1979), https://uscode.house.gov/
statviewer.htm?volume=93&page=721 (codified as amended at 16 U.S.C. §§ 470aa–470mm) (stat-
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utory compilation as amended through P.L. 113–287 at https://www.govinfo.gov/content/pkg/
COMPS-1707/pdf/COMPS-1707.pdf).
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11
The United States is a signatory to the UNESCO 1970 Conven-
tion on the Means of Prohibiting and Preventing the Illicit Import,
Export, and Transport of Ownership of Cultural Property, which
can be used to request other countries to restrict the import of cul-
tural property and facilitate repatriation processes. However, each
country must enact an export prohibition and accompanying export
certification system to utilize this treaty. Although the United
States has enacted domestic laws to aid other countries in pro-
tecting their cultural property, it has not passed a domestic law to
protect tribal cultural heritage items.
H.R. 2930 will fill this void by prohibiting the export of tribal
cultural heritage items and facilitating the international repatri-
ation of tribal cultural heritage items already protected under fed-
eral law. Additionally, H.R. 2930 will facilitate coordination among
federal agencies, tribal governments, and Native Hawaiian organi-
zations by establishing joint working groups.
COMMITTEE ACTION
H.R. 2930 was introduced on April 30, 2021, by Representative
Teresa Leger Fernández (D–NM). The bill was referred to the Com-
mittee on Natural Resources, and in addition to the Committees on
the Judiciary and on Foreign Affairs. Within the Committee on
Natural Resources, the bill was referred to the Subcommittee for
Indigenous Peoples of the United States. On May 20, 2021, the
Subcommittee held a hearing on the bill. On October 13, 2021, the
Natural Resources Committee met to consider the bill. The Sub-
committee was discharged by unanimous consent. Rep. Leger
Fernández offered an amendment designated Leger Fernández #1.
The amendment was agreed to by unanimous consent. No addi-
tional amendments were offered. The bill, as amended, was adopt-
ed and ordered favorably reported to the House of Representatives
by unanimous consent.
HEARINGS
For the purposes of clause 3(c)(6) of House rule XIII, the fol-
lowing hearing was used to develop or consider this measure: hear-
ing by the Subcommittee for Indigenous Peoples of the United
States held on May 20, 2021.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII
of the Rules of the House of Representatives, the Committee on
Natural Resources’ oversight findings and recommendations are re-
flected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET
ACT
1. Cost of Legislation and the Congressional Budget Act. With re-
spect to the requirements of clause 3(c)(2) and (3) of rule XIII of
the Rules of the House of Representatives and sections 308(a) and
402 of the Congressional Budget Act of 1974, the Committee has
received the following estimate for the bill from the Director of the
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Congressional Budget Office:
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12
U.S. CONGRESS,
CONGRESSIONAL BUDGET OFFICE,
Washington, DC, October 28, 2021.
Hon. RAÚL M. GRIJALVA,
Chairman, Committee on Natural Resources, House of Representa-
tives, Washington, DC.
DEAR MR. CHAIRMAN: The Congressional Budget Office has pre-
pared the enclosed cost estimate for H.R. 2930, the Safeguard Trib-
al Objects of Patrimony Act of 2021.
If you wish further details on this estimate, we will be pleased
to provide them. The CBO staff contact is Jon Sperl.
Sincerely,
PHILLIP L. SWAGEL,
Director.
Enclosure.
H.R. 2930, Safeguard Tribal Objects of Patrimony Act of 2021
As ordered reported by the House Committee on Natural Resources on October 13, 2021
By Fiscal Year, Millions of Dollars 2022 2022-2026 2022-2031
Direct Spending (Outlays)
Revenues
Increase or Decrease H
in the Deficit
Spending Subject to
Appropriation (Out11ya) 2 13 18
H.R. 2930 would make it a federal crime to export Native Amer-
ican cultural items, archaeological resources, and objects of antiq-
uity without proper authorization and would require exporters to
obtain an export certification. Federal agencies would need to con-
vene working groups to reduce trafficking and encourage repatri-
ation of cultural heritage items. The bill also would direct the De-
partment of the Interior (DOI) and the Department of State to des-
ignate liaisons to facilitate voluntary returns of unlawfully ac-
quired items. Those agencies would provide training to tribal orga-
nizations, collectors, and dealers concerning the new prohibitions.
H.R. 2930 would authorize the appropriation of $3 million annu-
ally over the 2022–2027 period to carry out the bill’s requirements.
CBO assumes that the bill will be enacted late in calendar year
2021. Based on spending patterns for similar activities, CBO esti-
mates, implementing H.R. 2930 would cost about $13 million over
that period (and $5 million after 2026), assuming appropriation of
the authorized amounts.
In addition, H.R. 2930 would authorize DOI to charge fees to
cover the costs of issuing export certifications. Those fees would be
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recorded as revenues and could be spent without appropriation.
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13
CBO expects the number of applications to be small and that the
amount of fees collected and spent would be insignificant in each
year.
People who violate the bill’s provisions could be subject to crimi-
nal fines. Criminal fines are recorded as revenues, deposited in the
Crime Victims Fund, and later spent without further appropria-
tion. CBO expects that any additional revenues and subsequent di-
rect spending would not be significant because the legislation
would probably affect only a small number of cases.
The costs of the legislation, detailed in Table 1, fall within budg-
et functions 150 (international affairs), 450 (community and re-
gional development), and 750 (administration of justice).
TABLE 1.—ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 2930
By fiscal year, millions of dollars—
2022 2023 2024 2025 2026 2022–2026
Authorization ............................................................................. 3 3 3 3 3 15
Estimated Outlays .................................................................... 2 2 3 3 3 13
H.R. 2930 would impose a private-sector mandate as defined in
the Unfunded Mandates Reform Act (UMRA), by requiring export-
ers of eligible Native American cultural items to obtain an export
certification. According to the Government Accountability Office,
fewer than 1,500 such items were identified at overseas auctions
between 2012 and 2017. Using that information, CBO estimates
that the number of affected exporters would be small; thus, the ag-
gregate cost of the mandate would fall under the threshold estab-
lished in UMRA for private-sector mandates ($170 million in 2021,
adjusted annually for inflation).
H.R. 2930 contains no intergovernmental mandates as defined in
UMRA.
On July 27, 2021, CBO transmitted a cost estimate for S. 1471,
the Safeguard Tribal Objects of Patrimony Act of 2021, as ordered
reported by Senate Committee on Indian Affairs on May 26, 2021.
The two pieces of legislation are similar, but H.R. 2930 would au-
thorize appropriations for an additional year through 2027. The es-
timated budgetary effects over the 2022–2026 period are the same
for both bills.
The CBO staff contacts for this estimate are Jon Sperl (for fed-
eral costs) and Lilia Ledezma (for mandates). The estimate was re-
viewed by H. Samuel Papenfuss, Deputy Director of Budget Anal-
ysis.
In addition, the Committee has been informed by the Director of
the Congressional Budget Office that the bill, as noticed for consid-
eration under suspension of the rules, will reduce the deficit by an
insignificant amount over the 2022–2031 period.3
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and objec-
tives of this bill are to enhance protections of Native American tan-
gible cultural heritage.
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3 CBO, LEGISLATION CONSIDERED UNDER SUSPENSION OF THE RULES 2 (Nov. 29, 2021), https://
www.cbo.gov/system/files/2021-11/suspensions_week_of_November_29_0.pdf.
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14
EARMARK STATEMENT
This bill does not contain any Congressional earmarks, limited
tax benefits, or limited tariff benefits as defined under clause 9(e),
9(f), and 9(g) of rule XXI of the Rules of the House of Representa-
tives.
UNFUNDED MANDATES REFORM ACT STATEMENT
According to CBO, the bill, as reported, contains a private-sector
mandate that is below the statutory threshold and does not contain
any intergovernmental mandates for purposes of the Unfunded
Mandates Reform Act. CBO’s full analysis is reproduced above.
FEDERAL ADVISORY COMMITTEE ACT STATEMENT
Section 8 of the bill establishes an advisory committee. In report-
ing the bill favorably to the House of Representatives, the Com-
mittee on Natural Resources finds that the functions assigned to
the Native Working Group would be better performed by the pro-
posed advisory committee than by one or more agencies, or an ex-
isting advisory committee.
EXISTING PROGRAMS
This bill does not establish or reauthorize a program of the fed-
eral government known to be duplicative of another program.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to the
terms and conditions of employment or access to public services or
accommodations within the meaning of section 102(b)(3) of the Con-
gressional Accountability Act.
PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or tribal law
is intended to be consistent with the bill’s purposes and text and
the Supremacy Clause of Article VI of the U.S. Constitution.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be omit-
ted is enclosed in black brackets, new matter is printed in italics,
and existing law in which no change is proposed is shown in
roman):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I—CRIMES
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* * * * * * *
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15
CHAPTER 53—INDIANS
* * * * * * *
§ 1170. Illegal trafficking in Native American human re-
mains and cultural items
(a) Whoever knowingly sells, purchases, uses for profit, or trans-
ports for sale or profit, the human remains of a Native American
without the right of possession to those remains as provided in the
Native American Graves Protection and Repatriation Act shall be
fined in accordance with this title, or imprisoned not more than
ø12 months¿ 1 year and 1 day, or both, and in the case of a second
or subsequent violation, be fined in accordance with this title, or
imprisoned not more than ø5 years¿ 10 years, or both.
(b) Whoever knowingly sells, purchases, uses for profit, or trans-
ports for sale or profit any Native American cultural items ob-
tained in violation of the Native American Grave Protection and
Repatriation Act shall be fined in accordance with this title, impris-
oned not more than one year, or both, and in the case of a second
or subsequent violation, be fined in accordance with this title, im-
prisoned not more than ø5 years¿ 10 years, or both.
* * * * * * *
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16
sUMJUruJ""4U!llU
RAN'KiNG M;(M~'ll
COMMITTEE CORRESPONDENCE
01\'E HUNOREO ~EN'TEENTH CONGRESS
O:Ongrcss of the 'lanittd nStatcs
il'l.onst nf 'lRtprmflltatinm
COMMITTEE ON THE JUDICIARY
2.138- RAYtUJflH HOUSE OFFICE 8UILD!NG
WASH!NGTONi OC 2051i-6216
November 9, 2021
The Honorable Raul M. Grijalva
Chairman
Committee on Natural Resources
U.S. House of Representatives
1324 Longworth House Office Building
Washington, DC 20515
Dear Chairman Grijalva:
This letter is to advise you that the Committee on the Judiciary has now had an
opportunity to review the provisions in H.R. 2930, the "Safeguard Tribal Objects of Patrimony
Act of2021," that fall withio our Rule Xjurisdiction. I appreciate your consulting with us on
those provisions. The Judiciary Committee has no objection to your including them in the bill
for consideration on the House floor, and to expedite that consideration is willing to forgo action
on H.R. 2930, with the understanding that we do not thereby waive any future jurisdictional
claim over those provisions or their subject matters.
In the event a House-Senate conference on this or similar legislation is convened, the
Judiciary Committee reserves the right to request an appropriate number of conferees to address
any concerns with these or similar provisions that may arise in conference.
Please place this letter into the Congressional Record during consideration of the
measure on the House floor. Thank you for the cooperative spirit in which you have worked
regarding this matter and others between our committees.
Sincerely,
~~
Jerrold Nadler
Chairman
c: The Honorable Jim Jordan, Ranking Member, Committee on the Judiciary
The Honorable Jason Smith, Parliaruentarian
The Honorable Bruce Westerman, Ranking Member, Committee on Natural Resources
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17
RAUL M. GRIJALVA OF ARIZONA BRUCE WESTERMAN OF ARKANSAS
CHAIRMAN RANKING REPUBLICAN
OAVlOWATKINS VIVIAN MOEGLEtN
STAPFDIRCCTOR
1ll.~. Jfoust nf iltprtstututiuts REPUBLICAN STAFF DIRECTOR
Cfunnmitttt nn Natural bnlttU.11
3'lllus1Jiugtnn, M W515
November 9, 2021
The Honorable Jerrold Nadler
Chair
Committee on the Judiciary
U.S. House of Representatives
2141 Rayburn House Office Building
Washington, D.C. 20515
Dear Chair Nadler:
I write to you concemmg H.R. 2930 the "Safeguard Tribal Objects of Patrimony Act of 2021."
I appreciate your willingness to work cooperatively on this legislation. I recognize tbat the bill contains
provisions that fall within the jurisdiction of the Committee on the Judiciary. I acknowledge that your
Committee will not formally consider H.R. 2930 and agree that the inaction of your Committee with respect
to the bill does not waive any future jurisdictional claim over the matters contained in the bill that fall within
your Committee's Rule X jurisdiction.
I am pleased to support your request to name members of the Committee on the Judiciary to any conference
committee to consider such provisions. I will ensure that our exchange of letters is included in the
Congresswnal Record during floor consideration of the bill. I appreciate your cooperation regarding this
legislation and look forward to continuing to work with you as this measure moves through the legislative
process.
Sincerely,
Raul M. Grijalva
Chair
House Natural Resources Committee
Cc· The Honorable Bruce Westerman, Ranking Member, Committee on Natural Resources
The Honorable Jim Jordan, Ranking Member, Committee on the Judiciary
The Honorable Jason Smith, Parliamentarian
http:J/naturalresourees.house gov
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18
GREGORYW MEEKS, NEWYORK MICHAEL T MCCAUL, TEXAS
CHAIRMAN RANKING REPUBLICAN MEMBER
SOPHIAA LAFARGUE BRENDAN P SHIELDS
STAFFD!HECTOR REPUBLICAN STAFF DIRECTOR
®nt :l)uullrtll :is>tbtnttentb QI:ougresii
~.§si. J!)om,e of 31\eprell'entatibell'
~ommittee on jforeign !¢lffairll'
2170 Rayburn House Office Building
Washington, DC 20515
www.foreignaffairs.house.gov
November 16, 2021
The Honorable Raul Grijalva
Committee on Natural Resources
U.S. House of Representatives
Washington, D.C. 20515
Dear Chairman Grijalva:
I am writing to you concerning H.R. 2930, the Safeguard Tribal Objects of Patrimony
Act of 2021. I recognize that the bill contains provisions that fall within the Rule X jurisdiction
of the Committee on Foreign Affairs,
In an effort to work cooperatively and to expedite the consideration of the bill, the
Committee on Foreign Affairs will waive referral ofH.R. 2930. This, however, is not a waiver of
future jurisdictional claims by the Committee on Foreign Affairs over this legislation or its
subject matter. Additionally, I ask that you support the appointment of Committee on Foreign
Affairs conferees during any House-Senate conference convened on this legislation.
Finally, thank you for agreeing to include ofa copy ofour exchange ofletters in the
Congressional Record during floor consideration of H.R. 2930.
Sincerely,
GREGORY W. MEEKS
Chairman
Cc: The Honorable Michael T, McCaul, Committee on Foreign Affairs
The Honorable Bruce Westerman, Committee on Natural Resources
Mr, Jason Smith, Parliamentarian
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19
RAUL M. GRIJALVA OF ARIZONA BRUCE WESTERMAN OF ARKANSAS
CHAIRMAN RANKING REPUBUCAN
OAVIOWATKtNS VMAN MOEGlEIN
STAFF DJRtCTOR
lll.~. Jtount of 1Rtprtst11tutiuts REPUBLICAN STAfF DIRECTOR
Ofuntmtttet nu Natural i!ksuurcu
111llus1Jiugb!U, M 26515
November 16, 2021
The Honorable Gregoty W. Meeks
Chair
Committee on Foreign Affairs
U.S. House of Representatives
2170 Rayburn House Office Building
Washington, DC 20515
Dear Chair Meeks:
I write to you concerning H.R 2930 the "Safeguard Tribal Objects of Patrimony Act of202I."
I appreciate your willingness to work cooperatively on this legislation. I recognize that the bill contains
provisions that fall within the jurisdiction of the Committee on Foreign Affairs. I acknowledge that your
Committee will not fonnally consider H.R. 293 0 and agree that the inaction of your Committee with respect
to the bill does not waive any future jurisdictional claim over the matters contained in the bill that fall within
your Committee's Rule X jurisdiction.
I am pleased to support your request to name members of the Committee on Foreign Affairs to any
conference committee to consider such provisions. I will ensure that our exchange of letters is included in
the Congresszonal Record during floor consideration of the bill. I appreciate your cooperation regarding
this legislation and look forward to contmumg to work with you as this measure moves through the
legislative process
Sincerely,
Raul M. Grijalva
Chair
House Natural Resources Committee
Cc· The Honorable Bruce Westennan, Ranking Member, Committee on Natural Resources
The Honorable Michael Mccaul, Ranking Member, Committee on Foreign Affairs
The Honorable Jason Smith, Parbamentarian
http://naturalresources.hou~.gov
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SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS
None.
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