Title 25, IndiansRelease 119-110

§3072 Definitions

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

Last updated Sep 22, 2026|Official source

Summary

Defines main terms used in the chapter about Native American and Native Hawaiian cultural items. Archaeological resource — an archaeological resource that is Native American (see 16 U.S.C. 470bb). Cultural affiliation — a shared group identity that can be traced back to an earlier group, historically or prehistorically. Cultural item — a cultural item as defined 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 Act (25 U.S.C. 3001). Item Prohibited from Exportation — cultural items or archaeological resources that federal law or treaty forbids trafficking or exporting (see 18 U.S.C. 1170(b) as added by NAGPRA and 16 U.S.C. 470ee(b)–(c), or other federal law or treaty). Item Requiring Export Certification — a cultural item or archaeological resource, unless a culturally affiliated Indian Tribe or Native Hawaiian organization has given a certificate allowing export. Native American — includes the Native American and Native Hawaiian definitions 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, or patrimony that are culturally, historically, or archaeologically important and tied to a Native American culture.

Full Legal Text

Title 25, §3072

Indians, Source: USLM XML via OLRC

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.

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 25, Indians

Last Updated

Sep 22, 2026

Release point: 119-110