; and (ii) a description of items that do not qualify as covered items and therefore do not require an export certification under this paragraph, which shall— (I) clarify that objects made for commercial purposes generally do not qualify as a covered item; and (II) clarify that in some circumstances receipts or certifications issued by Indian Tribes or Tribal artisans may be used as evidence to demonstrate a particular item does not qualify as a covered item. (2) Eligibility for export certification A covered item, absent an ongoing Federal investigation, shall be deemed eligible for export certification if it— (A) was not obtained in violation of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3002 et seq. or 18 U.S.C. 1170 ), the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.), or the Antiquities Act under section 1866(b) of title 18, United States Code, and the export of the covered item would not otherwise violate any other provision of Federal law; (B) was excavated or removed pursuant to a permit issued under section 4 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470cc ) or section 320302 of title 54, United States Code, or in compliance with section 3(c) of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3002(c) ), if the permit for excavation or removal authorizes export, and the export of the covered item would not otherwise violate any other provision of Federal law