### §3072. Definitions

In this chapter:

#### (1) Archaeological resource

The term "archaeological resource" means an archaeological resource (as defined in section 470bb of title 16) 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

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

#### (4) Indian Tribe

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

#### (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, as added by the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 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) subsections (b) and (c) of section 470ee of title 16; 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) Native American (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)); and

(B) Native Hawaiian (as so defined).

#### (8) Native Hawaiian organization

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

#### (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, §3, Dec. 21, 2022, 136 Stat. 2373.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 117–258, Dec. 21, 2022, 136 Stat. 2372, 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 section 3071 of this title and Tables.

The Native American Graves Protection and Repatriation Act, referred to in par. (5)(A)(i), is Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, 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 section 3001 of this title and Tables.