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25 U.S.C. § 3072 — Definitions

submitted 4 years ago by Pub. L. 117-258 to r/title-25-INDIANS · 435 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines terms used in the chapter, including archaeological resource, cultural affiliation, cultural item, Indian Tribe, export-related item categories, Native American, Native Hawaiian organization, Secretary, and tangible cultural heritage.

In this chapter:

(1) Archaeological resource. “Archaeological resource” means a Native American archaeological resource as defined in section 470bb of title 16. This section does not define the quoted external term.

(2) Cultural affiliation. “Cultural affiliation” means a historically or prehistorically traceable relationship of shared group identity between a present-day Indian Tribe or Native Hawaiian organization and an identifiable earlier group.

(3) Cultural item. “Cultural item” means one or more cultural items as defined in section 2 of the Native American Graves Protection and Repatriation Act. This section does not otherwise define that term.

(4) Indian Tribe. “Indian Tribe” has the meaning given “Indian tribe” in that Act’s section 2.

(5) Item Prohibited from Exportation. This means (A) a cultural item whose trafficking, including sale, purchase, profit use, or transport for sale or profit, is prohibited by section 1170(b) of title 18 as added by that Act, or another Federal law or treaty; or (B) an archaeological resource whose trafficking, including sale, purchase, exchange, transport, receipt, or offer to sell, purchase, or exchange, including in interstate or foreign commerce, is prohibited by section 470ee(b) or (c) of title 16, or another Federal law or treaty.

(6) Item Requiring Export Certification. (A) It means a cultural item or an archaeological resource. (B) It does not include either item if an Indian Tribe or Native Hawaiian organization culturally affiliated with it has issued a certificate authorizing export.

(7) Native American. This means (A) “Native American” as defined in section 2 of the Native American Graves Protection and Repatriation Act and (B) “Native Hawaiian” as defined there. This section does not otherwise define those quoted terms.

(8) Native Hawaiian organization. This has the meaning given in that Act’s section 2.

(9) Secretary. “Secretary” means the Secretary of the Interior.

(10) Tangible cultural heritage. This means (A) Native American human remains, or (B) culturally, historically, or archaeologically significant objects, resources, patrimony, or other items affiliated with a Native American culture.

the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Pub. L. 117–258, § 3, Dec. 21, 2022, 136 Stat. 2373.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-258 · 136 Stat. 2373

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-258 on 2022-12-21.

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