Safeguard Tribal Objects of Patrimony Act of 2021
Dec 21, 2022
Statute: 136 Stat. 2372
Became law: Dec 21, 2022
Dec 21, 2022
Statute: 136 Stat. 2372
Became law: Dec 21, 2022
Summary
Creates rules to stop the export of sacred Native American items and increases penalties for illegally trafficking them.
What problem does this solve?
Sacred cultural items were being illegally taken from tribes and sold overseas, with weak laws to stop it. This law bans the export of these items without permission and makes punishments for trafficking them much tougher.
What does this law do?
Prohibits illegal export of tribal items
Makes it illegal to export, try to export, or help export cultural items and archaeological resources that are prohibited from being trafficked under federal law.
Creates an export certification system
Requires anyone wanting to export certain Native American cultural or archaeological items to first get a certificate from the Department of the Interior, proving the item can be legally exported.
Increases penalties for trafficking
Doubles the maximum prison sentence from 5 years to 10 years for repeat offenses of illegally trafficking Native American cultural items, including human remains.
Establishes a voluntary return program
Creates a formal process to help collectors, museums, and others voluntarily return cultural items to the correct Indian Tribe or Native Hawaiian organization.
Forms new government working groups
Creates a group of federal agencies and a separate group of Native representatives to work together on protecting cultural heritage and stopping illegal trafficking.
Who does this affect?
- Indian Tribes and Native Hawaiian Organizations
- Exporters, collectors, and museums of Native American items
- Federal agencies
What is the real world impact?
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Protects sacred cultural items
Fulfills the U.S. government's duty to protect tribal heritage by stopping the flow of sacred objects to international markets and helping to bring stolen items home.
When does this start?
This law takes effect immediately, with federal agencies required to create detailed rules for its implementation within one year of its signing on December 21, 2022.