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10 U.S.C. § 2684 — Cooperative agreements for management of cultural resources

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

10 U.S.C. § 2684 — Cooperative agreements for management of cultural resources

**(a) Authority.—** The Secretary of Defense or the Secretary of a military department may enter into a cooperative agreement with a State or local government or other entity for the preservation, management, maintenance, and improvement of cultural resources located on a site authorized by subsection (b) and for the conduct of research regarding the cultural resources. Activities under the cooperative agreement shall be subject to the availability of funds to carry out the cooperative agreement. **(b) Authorized Cultural Resources Sites.—** To be covered by a cooperative agreement under subsection (a), cultural resources must be located— (1) on a military installation; or (2) on a site outside of a military installation, but only if the cooperative agreement will directly relieve or eliminate current or anticipated restrictions that would or might restrict, impede, or otherwise interfere, whether directly or indirectly, with current or anticipated military training, testing, or operations on a military installation. **(c) Application of Other Laws.—** Section 1535 and chapter 63 of title 31 shall not apply to a cooperative agreement entered into under this section. **(d) Cultural Resource Defined.—** In this section, the term “cultural resource” means any of the following: (1) A building, structure, site, district, or object eligible for or included in the National Register of Historic Places maintained under [section 302101 of title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section302101&num=0&edition=prelim). (2) Cultural items, as that term is defined in section 2(3) of the Native American Graves Protection and Repatriation Act ([25 U.S.C. 3001(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3001/

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Source location: Title 10, Chapter 159, § 2684; chapter-159-real-property-related-personal-property-and-lease-of-non-excess-property.md

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

10 U.S.C. § 2826 — Military family housing: local comparability of room patterns and floor areas

**(a) Local Comparability.—** In the construction, acquisition, and improvement of military family housing, the Secretary concerned shall ensure that the room patterns and floor areas of military family housing in a particular locality (as designated by the Secretary concerned for purposes of this section) are similar to room patterns and floor areas of similar housing in the private sector in that locality. **(b) Requests for Authority for Military Family Housing.—** (1) In submitting to Congress a request for authority to carry out the construction, acquisition, or improvement of military family housing, the Secretary concerned shall include in the request information on the net floor area of each unit of military family housing to be constructed, acquired, or improved under the authority. (2) In this subsection, the term “net floor area”, in the case of a military family housing unit, means the total number of square feet of the floor space inside the exterior walls of the unit, excluding the floor area of an unfinished basement, an unfinished attic, a utility space, a garage, a carport, an open or insect-screened porch, a stairwell, and any space used for a solar-energy system.

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

42 U.S.C. § 1996 — Protection and preservation of traditional religions of Native Americans

On and after August 11, 1978, it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.

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54 U.S.C. § 302101 — Maintenance by Secretary

The Secretary may expand and maintain a National Register of Historic Places composed of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering, and culture.

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

10 U.S.C. § 2684 — Cooperative agreements for management

Page 2089 TITLE 10—ARMED FORCES § 2684 title XVI, § 1624, Dec. 19, 2014, 128 Stat. 3633, which pro- vided in part that the amendments made to this section by section 926(b) were to be effective on the later of Sept. 30, 2017, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018, was repealed by Pub. L. 114–92, div. A, title XVI, § 1632(b)(2), Nov. 25, 2015, 129 Stat. 1112. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–214 effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family hous- ing authorized before, on, or after such date, see sec- tion 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of this title. § 2683. Relinquishment of legislative jurisdiction; minimum drinking age on military installa- tions (a) Notwithstanding any other provision of law, the Secretary concerned may, whenever he considers it desirable, relinquish to a State, or to a Commonwealth, territory, or possession of the United States, all or part of the legislative jurisdiction of the United States over lands or interests under his control in that State, Com- monwealth, territory, or possession. Relinquish- ment of legislative jurisdiction under this sec- tion may be accomplished (1) by filing with the Governor (or, if none exists, with the chief exec- utive officer) of the State, Commonwealth, ter- ritory, or possession concerned a notice of relin- quishment to take effect upon acceptance there- of, or (2) as the laws of the State, Common- wealth, territory, or possession may otherwise provide. (b) The authority granted by subsection (a) is in addition to and not instead of that granted by any other provision of l

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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

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

16 U.S.C. § 470bb — Definitions

Page 902 TITLE 16—CONSERVATION § 470bb (2) these resources are increasingly endan- gered because of their commercial attractiveness; (3) existing Federal laws do not provide ade- quate protection to prevent the loss and de- struction of these archaeological resources and sites resulting from uncontrolled exca- vations and pillage; and (4) there is a wealth of archaeological infor- mation which has been legally obtained by pri- vate individuals for noncommercial purposes and which could voluntarily be made available to professional archaeologists and institu- tions. (b) The purpose of this chapter is to secure, for the present and future benefit of the American people, the protection of archaeological re- sources and sites which are on public lands and Indian lands, and to foster increased cooperation and exchange of information between govern- mental authorities, the professional archae- ological community, and private individuals having collections of archaeological resources and data which were obtained before October 31, 1979. (Pub. L. 96–95, § 2, Oct. 31, 1979, 93 Stat. 721.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 96–95, § 1, Oct. 31, 1979, 93 Stat. 721, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Archaeological Resources Protection Act of 1979’.’’ GALISTEO BASIN ARCHAEOLOGICAL SITES PROTECTION Pub. L. 108–208, Mar. 19, 2004, 118 Stat. 558, known as the ‘‘Galisteo Basin Archaeological Sites Protection Act’’, provided for the preservation, protection, and in- terpretation of nationally significant archaeological resources in the Galisteo Basin of New Mexico by desig- nating Galisteo Basin Archaeological Protection Sites and their acreage and provided for addition, deletion or modification o

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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

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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

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