; and (2) in paragraph (2), by inserting by a federally recognized Indian Tribe or before in a public museum and adding at the end , provided that the federally recognized Indian Tribe with the closest cultural affiliation shall have the right of first refusal . 6. Export restrictions and authorities (a) Voluntary return of covered items Whoever seeks to export a covered item without a required export certification but voluntarily returns the covered item to the Indian Tribe with a likely cultural affiliation prior to active investigation shall not be prosecuted for such violation with respect to the covered item. The process of obtaining an export certification does not qualify as active investigation. (b) Export restriction (1) In general It shall be unlawful for any person to export or otherwise transport from the United States Native American cultural items obtained in violation of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. or 18 U.S.C. 1170 ), Native American archaeological resources obtained in violation of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.), and Native American objects of antiquity obtained in violation of the Antiquities Act under section 1866(b) of title 18, United States Code, and covered items under active Federal investigation. (2) Penalties Any person who violates paragraph (1) knowing that the covered items were obtained in violation of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3002 et seq. or 18 U.S.C. 1170 ), the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.), or the Antiquities Act under section 1866(b) of title 18, United States Code, shall be fined in accordance with section 3571 of title 18, United States Code, and shall be imprisoned for not more than 1 year for a first violation and not more than 10 years for a second or subsequent violation. (c) Export certification (1) When export certification required (A) Prohibition on export without certification