Developing the STOP Act Regulations

U.S. Department of Interior and Department of State STOP Act Regulations Consultations

​The STOP Act of 2021 (P.L. 117-258) aims to prevent the international export of Native Cultural Heritage prohibited from trafficking under the Native American Graves Protection and Repatriation Act, the Archeological Resources Protection Act, and other applicable laws. The Department of the Interior and State Department consulted Native Nations and has accepted written comments about implementing the Act through August 25, 2023.

The Association’s Tribal Partner Working Group met on July 31 to discuss written comments on what Native Country would like to see in the STOP Act regulations. ​Check out the Association's Written Comments on the Implementation of the STOP Act HERE.

Review the full text of the STOP Act below.

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Safeguard Tribal Objects of Patrimony Act (STOP Act)

​On December 21, 2022, the Safeguard Tribal Objects of Patrimony Act was signed by President Biden and became federal law. The STOP Act prevents the export of Native cultural heritage to prevent these items from being exported and sold overseas. When our sensitive items cross the borders, we lose our power to return them home. The STOP Act further requires the exporter to prove they have rightful ownership of Native cultural heritage. 

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.​

STOP Act (Full Version)

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.

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Our Work on the STOP Act

• August 25, 2023: Written Comments on STOP Act Regulations
• ​​November 29, 2022: Senate-Passed STOP Act Strengthens Federal Protections For Tribal, Native Hawaiian Cultural Items

• August 6, 2021: Read "Law safeguarding tribal objects is badly needed", by Brian D. Vallo
• June 21, 2021: We sent a second letter in support of the STOP Act, further explaining the Association's support and refuting recent criticisms of the Act. 
  • ​The only entities that are opposed to the STOP Act are those dealers and dealer associations that ​sell "antiquities" and "artifacts." Read our letter about dealers' efforts to misconstrue the STOP Act's purpose ​and put down the Association and Native leaders who support the STOP Act.
• May 20, 2021: Subcommittee for Indigenous Peoples of the United States Hearing on the STOP Act

• April 22, 2021: We sent a letter in support of the Safeguarding Tribal Objects of Patrimony (STOP) Act, and urged Congress to not only pass the Act but to consider strengthening the Native American Graves Protection and Repatriation Act and the protection of Sacred Places.
• June 25, 2020: Udall Holds Indian Affairs Legislative Hearing on Water, Infrastructure, Cultural Patrimony Bills

For more information on the development of the STOP Act, click the links below:

• STOP Act Reintroduction Bill Language 
• STOP Act White Page Paper 
• STOP Act Executive Summary

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Supporters

All Pueblo Council of Governors
American Anthropological Association     
American Cultural Resources Association & AAA Archaeology Division Archaeological Institute of America     
Association on American Indian Affairs     
Association of Tribal Archives, Libraries and Museums
Association of Village Council Presidents     
Catawba Indian Nation     
Duckwater Shoshone Tribe ​

Habematolel Pomo of Upper Lake
Hopi Tribe
​Hopland Tribe     
Midwest Alliance of Sovereign Tribes     
Mount Sanford Tribal Consortium
National Association of Tribal Historic Preservation Officers     
National Indian Head Start Directors Association
National Trust for Historic Preservation     
Native American Rights Fund 
​Ohkay Owingeh          ​

Oglala Sioux Tribe
Port Gamble S'Klallam Tribe     
Pueblo of Acoma     
Pueblo of Santa Clara     
Pueblo of Tesuque     
Pueblo of Zuni
Sealaska Heritage     
Society for American Archeology     
SRI Foundation     
Tohono O'odom Nation     
​United South and Eastern Tribes, Inc. 

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