Law protects export of sacred Native American items from US

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Along with stiffer penalties, it prohibits the export of sacred Native American items from the U.S. and creates a certification process to distinguish art from sacred items.

FLAGSTAFF, Ariz. — Federal penalties have increased under a newly signed law intended to protect the cultural patrimony of Native American tribes, immediately making some crimes a felony and doubling the prison time for anyone convicted of multiple offenses.

“The STOP Act is really born out of that problem and hearing it over and over,” said attorney Katie Klass, who represents Acoma Pueblo on the matter and is a citizen of the Wyandotte Nation of Oklahoma. “It's really designed to link existing domestic laws that protect tribal cultural heritage with an existing international mechanism.”

— That same year, a ceremonial shield that vanished from Acoma Pueblo in the 1970s was returned to the tribe after a nearly four-year campaign involving U.S. senators, diplomats and prosecutors. The circular, colorful shield featuring the face of a Kachina, or ancestral spirit, had been held at a Paris auction house.

The STOP Act ties in with the Native American Graves Protection and Repatriation Act that requires museums and universities that receive federal funds to disclose Native American items in their possession, inventory them, and notify and transfer those items to affiliated tribes and Native Hawaiians or descendants.

New Mexico U.S. Rep. Teresa Leger Fernandez, who introduced the House bill, said time will tell whether the penalties are adequate.

 

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