25 U.S.C. § 3072 | Definitions

In this chapter:

(1)

Archaeological resource

section 470bb of title 16The term “archaeological resource” means an archaeological resource (as defined in ) that is Native American.

(2)

Cultural affiliation

The term “cultural affiliation” means that there is a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present day Indian Tribe or Native Hawaiian organization and an identifiable earlier group.

(3)

Cultural item

25 U.S.C. 3001The term “cultural item” means any 1 or more cultural items (as defined in section 2 of the Native American Graves Protection and Repatriation Act ()).

(4)

Indian Tribe

25 U.S.C. 3001The term “Indian Tribe” has the meaning given the term “Indian tribe” in section 2 of the Native American Graves Protection and Repatriation Act ().

(5)

Item Prohibited from Exportation

The term “Item Prohibited from Exportation” means—

(A)

a cultural item prohibited from being trafficked, including through sale, purchase, use for profit, or transport for sale or profit, by—

(i)

section 1170(b) of title 18 25 U.S.C. 3001 , as added by the Native American Graves Protection and Repatriation Act ( et seq.); or

(ii)

any other Federal law or treaty; and

(B)

an archaeological resource prohibited from being trafficked, including through sale, purchase, exchange, transport, receipt, or offer to sell, purchase, or exchange, including in interstate or foreign commerce, by—

(i)

section 470ee of title 16 subsections (b) and (c) of ; or

(ii)

any other Federal law or treaty.

(6)

Item Requiring Export Certification

(A)

In general

The term “Item Requiring Export Certification” means—

(i)

a cultural item; and

(ii)

an archaeological resource.

(B)

Exclusion

The term “Item Requiring Export Certification” does not include an item described in clause (i) or (ii) of subparagraph (A) for which an Indian Tribe or Native Hawaiian organization with a cultural affiliation with the item has provided a certificate authorizing exportation of the item.

(7)

Native American

The term “Native American” means—

(A)

25 U.S.C. 3001 Native American (as defined in section 2 of the Native American Graves Protection and Repatriation Act ()); and

(B)

Native Hawaiian (as so defined).

(8)

Native Hawaiian organization

25 U.S.C. 3001The term “Native Hawaiian organization” has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act ().

(9)

Secretary

The term “Secretary” means the Secretary of the Interior.

(10)

Tangible cultural heritage

The term “tangible cultural heritage” means—

(A)

Native American human remains; or

(B)

culturally, historically, or archaeologically significant objects, resources, patrimony, or other items that are affiliated with a Native American culture.

Pub. L. 117–258, § 3Dec. 21, 2022136 Stat. 2373(, , .)

Editorial Notes

References in Text

Pub. L. 117–258Dec. 21, 2022136 Stat. 2372 section 3071 of this titleThis chapter, referred to in text, was in the original “this Act”, meaning , , , known as the Safeguard Tribal Objects of Patrimony Act of 2021, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 101–601Nov. 16, 1990104 Stat. 3048 section 3001 of this titleThe Native American Graves Protection and Repatriation Act, referred to in par. (5)(A)(i), is , , , which is classified principally to chapter 32 (§ 3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.