Title 25IndiansRelease 119-73

§3072 Definitions

Title 25 › Chapter CHAPTER 32B— - SAFEGUARD TRIBAL OBJECTS OF PATRIMONY › § 3072

Last updated Apr 6, 2026|Official source

Summary

Defines the main words used in the chapter. Archaeological resource — an archaeological item that is Native American, as defined at 16 U.S.C. 470bb. Cultural affiliation — a shared group identity that can be reasonably traced, historically or before recorded history, between a present-day Indian Tribe or Native Hawaiian organization and an earlier identifiable group. Cultural item — any item defined as a cultural item in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001). Indian Tribe — has the meaning given in section 2 of that same Act (25 U.S.C. 3001). Item Prohibited from Exportation — a cultural item or archaeological resource that federal law or a treaty bans from trafficking (for example under 18 U.S.C. 1170(b) as added by NAGPRA, or 16 U.S.C. 470ee(b) and (c), or other federal law or treaty). Item Requiring Export Certification — a cultural item or archaeological resource, except when an Indian Tribe or Native Hawaiian organization with cultural affiliation issues a certificate allowing export. Native American — includes both the terms “Native American” and “Native Hawaiian” as defined in 25 U.S.C. 3001. Native Hawaiian organization — has the meaning in 25 U.S.C. 3001. Secretary — the Secretary of the Interior. Tangible cultural heritage — Native American human remains or objects, resources, patrimony, or other items important to Native American culture for cultural, historical, or archaeological reasons.

Full Legal Text

Title 25, §3072

Indians — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

25 U.S.C. § 3072

Title 25Indians

Last Updated

Apr 6, 2026

Release point: 119-73