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25 U.S.C. § 3072 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3072 — Definitions

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Stable record: federal_law:legal_authorities:record_usc_67f0d2f5bf1e44dde10e908c
Source file: Laws/federal/codes/united-states-code/title-25/section-3072-definitions--d7b207e8f2.md
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Source location: Title 25, Chapter 32B, § 3072; chapter-32b-safeguard-tribal-objects-of-patrimony.md

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In this chapter: (1) **Archaeological resource** — The term “archaeological resource” means an archaeological resource (as defined in [section 470bb of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470bb&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3001&num=0&edition=prelim))). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3001&num=0&edition=prelim)). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1170/b&num=0&edition=prelim), as added by the Native American Graves Protection and Repatriation Act ([25 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3001&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470ee&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3001&num=0&edition=prelim))); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3001&num=0&edition=prelim)). (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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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3001 — Definitions

For purposes of this chapter, the term— (1) “burial site” means any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which as a part of the death rite or ceremony of a culture, individual human remains are deposited. (2) “cultural affiliation” means that there is a relationship of shared group identity which can be reasonably traced historically or prehistorically between a present day Indian tribe or Native Hawaiian organization and an identifiable earlier group. (3) “cultural items” means human remains and— (A) “associated funerary objects” which shall mean objects that, as a part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later, and both the human remains and associated funerary objects are presently in the possession or control of a Federal agency or museum, except that other items exclusively made for burial purposes or to contain human remains shall be considered as associated funerary objects.11 So in original. The period probably should be a comma. (B) “unassociated funerary objects” which shall mean objects that, as a part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later, where the remains are not in the possession or control of the Federal agency or museum and the objects can be identified by a preponderance of the evidence as related to specific individuals or families or to known human remains or, by a preponderance of the evidence, as having been removed from a specific burial site of an individual culturally affiliated with a particular Indian tribe, (C) “sacred objects” which

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3001

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 470ee — Prohibited acts and criminal penalties

**(a) Unauthorized excavation, removal, damage, alteration, or defacement of archaeological resources** No person may excavate, remove, damage, or otherwise alter or deface, or attempt to excavate, remove, damage, or otherwise alter or deface any archaeological resource located on public lands or Indian lands unless such activity is pursuant to a permit issued under [section 470cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470cc&num=0&edition=prelim), a permit referred to in [section 470cc(h)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470cc/h/2&num=0&edition=prelim), or the exemption contained in [section 470cc(g)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470cc/g/1&num=0&edition=prelim). **(b) Trafficking in archaeological resources the excavation or removal of which was wrongful under Federal law** No person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange any archaeological resource if such resource was excavated or removed from public lands or Indian lands in violation of— (1) the prohibition contained in subsection (a), or (2) any provision, rule, regulation, ordinance, or permit in effect under any other provision of Federal law. **(c) Trafficking in interstate or foreign commerce in archaeological resources the excavation, removal, sale, purchase, exchange, transportation or receipt of which was wrongful under State or local law** No person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange, in interstate or foreign commerce, any archaeological resource excavated, removed, sold, purchased, exchanged, transported, or received in viola

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 470ee

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3071 — Purposes

The purposes of this chapter are— (1) to carry out the trust responsibility of the United States to Indian Tribes; (2) to increase the maximum penalty for actions taken in violation of the Native American Graves Protection and Repatriation Act ([25 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3001&num=0&edition=prelim) et seq.) (including [section 1170 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1170&num=0&edition=prelim), as added by that Act), in order to strengthen deterrence; (3) to stop the export, and facilitate the international repatriation, of cultural items prohibited from being trafficked by the Native American Graves Protection and Repatriation Act ([25 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3001&num=0&edition=prelim) et seq.) (including [section 1170 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1170&num=0&edition=prelim), as added by that Act) and archaeological resources prohibited from being trafficked by the Archaeological Resources Protection Act of 1979 ([16 U.S.C. 470aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470aa&num=0&edition=prelim) et seq.) by— (A) explicitly prohibiting the export; (B) creating an export certification system; and (C) confirming the authority of the President to request from foreign nations agreements or provisional measures to prevent irremediable damage to Native American cultural heritage; (4) to establish a Federal framework in order to support the voluntary return by individuals and organizations of items of tangible cultural heritage, including items covered by the Native American Graves Protect

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3071

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 470bb — Definitions

As used in this chapter— (1) The term “archaeological resource” means any material remains of past human life or activities which are of archaeological interest, as determined under uniform regulations promulgated pursuant to this chapter. Such regulations containing such determination shall include, but not be limited to: pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, graves, human skeletal materials, or any portion or piece of any of the foregoing items. Nonfossilized and fossilized paleontological specimens, or any portion or piece thereof, shall not be considered archaeological resources, under the regulations under this paragraph, unless found in archaeological context. No item shall be treated as an archaeological resource under regulations under this paragraph unless such item is at least 100 years of age. (2) The term “Federal land manager” means, with respect to any public lands, the Secretary of the department, or the head of any other agency or instrumentality of the United States, having primary management authority over such lands. In the case of any public lands or Indian lands with respect to which no department, agency, or instrumentality has primary management authority, such term means the Secretary of the Interior. If the Secretary of the Interior consents, the responsibilities (in whole or in part) under this chapter of the Secretary of any department (other than the Department of the Interior) or the head of any other agency or instrumentality may be delegated to the Secretary of the Interior with respect to any land managed by such other Secretary or agency head, and in any such case, the term “Federal land manager” means the Secretary of

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 470bb

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3001 — Definitions

Page 529 TITLE 25—INDIANS § 3001 1 So in original. The period probably should be a comma. (f) Outreach and engagement (1) In general The Secretary shall carry out outreach and engagement activities to provide Indian tribes, Native American language commu- nities, and the public information about— (A) opportunities to provide input on the development and design of each survey under subsection (a), including information on the consultations required under sub- section (c); (B) the goals and purpose of the surveys conducted under subsection (a); and (C) the benefits and importance of partici- pation in surveys under subsection (a). (2) Grants, contracts, and cooperative agree- ments authorized The Secretary may carry out the outreach and engagement activities required under paragraph (1)— (A) directly; (B) in partnership with the Bureau of the Census; or (C) through grants to, or contracts or co- operative agreements with— (i) Indian tribes; (ii) tribal organizations; and (iii) nonprofit organizations that work with Indian tribes, Native American lan- guage programs, and Native American lan- guage communities. (g) Limitation Nothing in this section requires an Indian tribe, Native American language community, or Native American language speaker— (1) to participate in a survey under sub- section (a); or (2) to provide specific or culturally sensitive information in completing such a survey. (h) Availability of survey materials and findings (1) In general Not later than 1 year after January 5, 2023, and prior to conducting each survey under subsection (a), the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committees on Education and Labor and Natural Resources of the House of Rep- resentatives, and make

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 3001

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 3072 — Definitions

Page 540 TITLE 25—INDIANS § 3072 (1) to carry out the trust responsibility of the United States to Indian Tribes; (2) to increase the maximum penalty for ac- tions taken in violation of the Native Amer- ican Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, as added by that Act), in order to strengthen deterrence; (3) to stop the export, and facilitate the international repatriation, of cultural items prohibited from being trafficked by the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, as added by that Act) and ar- chaeological resources prohibited from being trafficked by the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) by— (A) explicitly prohibiting the export; (B) creating an export certification sys- tem; and (C) confirming the authority of the Presi- dent to request from foreign nations agree- ments or provisional measures to prevent ir- remediable damage to Native American cul- tural heritage; (4) to establish a Federal framework in order to support the voluntary return by individuals and organizations of items of tangible cultural heritage, including items covered by the Na- tive American Graves Protection and Repatri- ation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, as added by that Act) and the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.); (5) to establish an interagency working group to ensure communication between Fed- eral agencies to successfully implement this chapter, the Native American Graves Protec- tion and Repatriation Act (25 U.S.C. 3001 et seq.) (including section 1170 of title 18, as added by that Act), the Archaeological

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 3072

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