§ 3072. Definitions

In this chapter:

• (1) The term “archaeological resource” means an archaeological resource (as defined in section 470bb of title 16 ) that is Native American.
• (2) 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) 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) 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) 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)
  • (A) The term “Item Requiring Export Certification” means—
    • (i) a cultural item; and
    • (ii) an archaeological resource.
  • (B) 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) 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) 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) The term “Secretary” means the Secretary of the Interior.
• (10) 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.