Bill Overview
Title: Safeguard Tribal Objects of Patrimony Act of 2021
Description: 2021 This act prohibits the exportation of Native American cultural items and archaeological resources that were illegally obtained; provides for the return of such items, including voluntary returns; and establishes and increases related criminal penalties. Specifically, the act makes it a federal crime to export, attempt to export, or otherwise transport from the United States Native American cultural items and archaeological resources without obtaining an export certification. U.S. Customs and Border Protection must detain any item requiring an export certification that does not have one. The act requires the Department of the Interior and the Department of State to each designate a liaison to facilitate and hold trainings and workshops on the voluntary return of human remains and cultural items. Additionally, Interior must refer individuals and organizations to Indian tribes and Native Hawaiian organizations to facilitate the voluntary return of human remains and cultural items; convene an interagency working group; and convene a Native working group consisting of representatives of Indian tribes and Native Hawaiian organizations to provide advice on issues concerning the return of, and illegal trade in, human remains and cultural items. The act also increases the maximum criminal penalties for violating the Native American Graves Protection and Repatriation Act. In particular, the act increases from 5 years to 10 years the maximum prison term for an individual convicted of a second or subsequent violation of selling, purchasing, using for profit, or transporting for sale or profit human remains or cultural items that were illegally obtained.
Sponsors: Rep. Leger Fernandez, Teresa [D-NM-3]
Target Audience
Population: Individuals connected to Native American tribes and stakeholders in cultural patrimony trade
Estimated Size: 200000
- Native American tribes in the United States have historically faced the illegal acquisition of cultural and patrimonial items, so legislation that addresses the return of such items will directly affect them.
- The act also involves individuals involved in the trade or possession of these cultural items, affecting their legal situation through increased penalties.
- Archaeologists and institutions such as museums that have interactions with Native American cultural patrimony may also be impacted by the heightened legal requirements and penalties.
- Cultural and historical preservationists globally may be affected as this legislation aligns with international efforts to repatriate cultural patrimony.
Reasoning
- The primary affected group consists of Native American tribes and Native Hawaiian organizations who have interests in reclaiming cultural patrimony items. This policy will directly engage them in processes of reclamation and consultation, positively affecting their wellbeing.
- Museum curators, archaeologists, and academic researchers involved with Native American cultural items may find their operations influenced by added legal requirements and the necessity to ensure ethical sourcing of items.
- Individuals previously involved in the trade of such items could face negative legal repercussions due to increased penalties. This policy could negatively impact their wellbeing due to potential loss of livelihood and legal actions.
- The policy budget indicates limited financial capacity to support large-scale actions immediately. The effect on individuals and organizations may not be uniformly high because of these restrictions.
- Considering both stakeholders and indirect beneficiaries, the policy will primarily impact individuals in or connected to Native American and Hawaiian communities, while others involved tangentially may experience varied effects conditional on their roles.
Simulated Interviews
Tribal historian (Arizona)
Age: 32 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 4/20
Statement of Opinion:
- This policy feels like a positive step towards protecting and reclaiming our heritage.
- Having a structured route to facilitate the return of cultural items is empowering for our community.
- The real change depends on effective implementation and continued funding.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 8 | 5 |
| Year 10 | 9 | 5 |
| Year 20 | 9 | 5 |
Museum curator (New York)
Age: 45 | Gender: male
Wellbeing Before Policy: 8
Duration of Impact: 5.0 years
Commonness: 3/20
Statement of Opinion:
- This policy prompts a necessary reevaluation of how we handle historical items.
- We'll need to work closely with tribes, which could be a complex but rewarding process.
- There’s concern about how to replace the items lost from our exhibitions financially.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 8 |
| Year 2 | 7 | 8 |
| Year 3 | 6 | 8 |
| Year 5 | 6 | 8 |
| Year 10 | 7 | 8 |
| Year 20 | 7 | 8 |
Anthropology student (California)
Age: 28 | Gender: female
Wellbeing Before Policy: 5
Duration of Impact: 10.0 years
Commonness: 7/20
Statement of Opinion:
- It's crucial for historical integrity that artifacts are kept in their rightful context.
- This policy will guide future research prospects responsibly.
- I'm concerned about the academic impacts, as we might lose access to certain materials unless new policies support ethical exchange.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 5 |
| Year 2 | 5 | 5 |
| Year 3 | 6 | 5 |
| Year 5 | 6 | 5 |
| Year 10 | 7 | 6 |
| Year 20 | 7 | 6 |
Private collector (Oklahoma)
Age: 53 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 7.0 years
Commonness: 1/20
Statement of Opinion:
- The policy threatens the value and legality of items in my collection.
- I doubt whether fair compensation for returns will be available.
- This could set a difficult precedent for private collecting.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 7 |
| Year 2 | 5 | 7 |
| Year 3 | 5 | 7 |
| Year 5 | 5 | 6 |
| Year 10 | 4 | 6 |
| Year 20 | 4 | 6 |
Cultural preservationist (Hawaii)
Age: 60 | Gender: other
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 2/20
Statement of Opinion:
- This act is vital for preserving our cultural identity and practice.
- Bringing back items that were foreign-ly exhibited means a lot to us culturally.
- Regular check-ins and transparency about this process should be ensured for the impact to be meaningful.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 8 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 9 | 5 |
| Year 10 | 9 | 5 |
| Year 20 | 9 | 5 |
Tribal liaison for a federal agency (South Dakota)
Age: 37 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 3/20
Statement of Opinion:
- This initiative will help us strengthen the collaboration with tribes and improve repatriation efforts.
- The workshops and trainings will empower tribes to advocate for their cultural items.
- I do have concerns regarding long-term funding and the breadth of the policy’s reach.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 8 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 9 | 6 |
| Year 10 | 9 | 6 |
| Year 20 | 9 | 6 |
Antiques trader (North Carolina)
Age: 40 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 5.0 years
Commonness: 5/20
Statement of Opinion:
- Heightened penalties might deter business related to these items but ethical trading is important.
- New legislation confuses private collectors like myself about what is permissible.
- This could drastically affect our inventory and profitability.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 7 |
| Year 2 | 5 | 7 |
| Year 3 | 5 | 7 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
Archaeologist (Illinois)
Age: 29 | Gender: female
Wellbeing Before Policy: 5
Duration of Impact: 7.0 years
Commonness: 5/20
Statement of Opinion:
- It's vital that we preserve authenticity in archaeological research, and this law helps ensure that.
- There’s a tangible sense of progress toward the recognition of cultural rights.
- Of course, the additional regulations increase paperwork and complexities in approvals.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 5 |
| Year 2 | 5 | 5 |
| Year 3 | 6 | 5 |
| Year 5 | 6 | 5 |
| Year 10 | 7 | 5 |
| Year 20 | 7 | 5 |
Law professor (California)
Age: 63 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 2/20
Statement of Opinion:
- This is an important legal development for cultural heritage conservation.
- I anticipate a wave of legal challenges which could be professionally engaging but will need clarity to implement.
- The act sets a strong precedent in cultural heritage protection laws.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 7 | 6 |
| Year 10 | 7 | 6 |
| Year 20 | 7 | 6 |
Indigenous rights lawyer (New Mexico)
Age: 50 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 10.0 years
Commonness: 4/20
Statement of Opinion:
- This policy strengthens the advocacy for tribes' legal rights to their heritage.
- I foresee a stronger legal framework emerging which will amplify representation for Native communities.
- However, continuous oversight is needed to guard against misuse or lack of enforcement.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 8 | 7 |
| Year 5 | 9 | 7 |
| Year 10 | 9 | 7 |
| Year 20 | 9 | 7 |
Cost Estimates
Year 1: $3000000 (Low: $2000000, High: $4000000)
Year 2: $2500000 (Low: $1700000, High: $3300000)
Year 3: $2000000 (Low: $1400000, High: $2600000)
Year 5: $1500000 (Low: $1000000, High: $2000000)
Year 10: $1000000 (Low: $500000, High: $1500000)
Year 100: $0 (Low: $0, High: $0)
Key Considerations
- Coordination between federal government and Native American tribes will be crucial for the success of the program.
- The cost of training and workshops may fluctuate depending on the outreach success and participation.
- International relations and compliance with cultural patrimony repatriation may indirectly affect implementation costs.