Sec. 3. DEFINITIONS
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## SEC. 3 DEFINITIONS **[**[25 U.S.C. 3072](/us/usc/t25/s3072)**]** In this Act: ####
(1)Archaeological resource 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. ####
(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, United States Code, 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 6 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470ee); 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.
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