Sec. 3. Definitions
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In this Act: The term archaeological resource means an archaeological resource (as defined in section 3 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470bb )) that is Native American. 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. 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 )).
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 ). The term Item Prohibited from Exportation means— a cultural item prohibited from being trafficked, including through sale, purchase, use for profit, or transport for sale or profit, by— section 1170(b) of title 18, United States Code, as added by the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.); or any other Federal law or treaty; and 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— subsections
(b)and
(c)of section 6 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470ee ); or any other Federal law or treaty. The term Item Requiring Export Certification means— a cultural item; and an archaeological resource. 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. The term Native American means— Native American (as defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )); and Native Hawaiian (as so defined). 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 ). The term Secretary means the Secretary of the Interior. The term tangible cultural heritage means— Native American human remains; or culturally, historically, or archaeologically significant objects, resources, patrimony, or other items that are affiliated with a Native American culture.
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