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16 U.S.C. § 410aaa–75 — Native American uses and interests
Federal law — U.S. Code and appendices · legal_authorities
**(a) Access** The Secretary shall ensure access to areas designated under this Act by members of Indian Tribes for traditional cultural and religious purposes, consistent with applicable law, including Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) ([42 U.S.C. 1996](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1996&num=0&edition=prelim) [, 1996a]).
**(b) Temporary closure**
(1) **In general** — In accordance with applicable law, including Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) ([42 U.S.C. 1996](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1996&num=0&edition=prelim) [, 1996a]), and subject to paragraph (2), the Secretary, on request of an Indian Tribe or Indian religious community, shall temporarily close to general public use any portion of an area designated as a national monument, special management area, wild and scenic river, area of critical environmental concern, or National Park System unit under this Act (referred to in this subsection as a “designated area”) to protect the privacy of traditional cultural and religious activities in the designated area by members of the Indian Tribe or Indian religious community.
(2) **Limitation** — In closing a portion of a designated area under paragraph (1), the Secretary shall limit the closure to the smallest practicable area for the minimum period necessary for the traditional cultural and religious activities.
**(c) Study**
(1) The Secretary, in consultation with the Timbisha Shoshone Tribe and relevant Federal agencies, shall conduct a study, subject to the availability of appropriations, to identify lands suitable for a reservation for the Timbisha Shoshone Tribe that are loc
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Source location: Title 16, Chapter 1, § 410aaa–75; chapter-001-national-parks-military-parks-monuments-and-seashores.md
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**(a) Access** The Secretary shall ensure access to areas designated under this Act by members of Indian Tribes for traditional cultural and religious purposes, consistent with applicable law, including Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) ([42 U.S.C. 1996](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1996&num=0&edition=prelim) [, 1996a]).
**(b) Temporary closure**
(1) **In general** — In accordance with applicable law, including Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) ([42 U.S.C. 1996](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1996&num=0&edition=prelim) [, 1996a]), and subject to paragraph (2), the Secretary, on request of an Indian Tribe or Indian religious community, shall temporarily close to general public use any portion of an area designated as a national monument, special management area, wild and scenic river, area of critical environmental concern, or National Park System unit under this Act (referred to in this subsection as a “designated area”) to protect the privacy of traditional cultural and religious activities in the designated area by members of the Indian Tribe or Indian religious community.
(2) **Limitation** — In closing a portion of a designated area under paragraph (1), the Secretary shall limit the closure to the smallest practicable area for the minimum period necessary for the traditional cultural and religious activities.
**(c) Study**
(1) The Secretary, in consultation with the Timbisha Shoshone Tribe and relevant Federal agencies, shall conduct a study, subject to the availability of appropriations, to identify lands suitable for a reservation for the Timbisha Shoshone Tribe that are located within the Tribe’s aboriginal homeland area within and outside the boundaries of the Death Valley National Monument and the Death Valley National Park, as described in part A of this subchapter.
(2) Not later than 1 year after October 31, 1994, the Secretary shall submit a report to the Committee on Energy and Natural Resources and the Committee on Indian Affairs of the United States Senate, and the Committee on Natural Resources of the United States House of Representatives on the results of the study conducted under paragraph (1).
**(d) Tribal cultural resources management plan**
(1) **In general** — Not later than 2 years after March 12, 2019, the Secretary shall develop and implement a Tribal cultural resources management plan to identify, protect, and conserve cultural resources of Indian Tribes associated with the Xam Kwatchan Trail network extending from Avikwaame (Spirit Mountain, Nevada) to Avikwlal (Pilot Knob, California).
(2) **Consultation** — The Secretary shall consult on the development and implementation of the Tribal cultural resources management plan under paragraph (1) with—
(A) each of—
(i) the Chemehuevi Indian Tribe;
(ii) the Hualapai Tribal Nation;
(iii) the Fort Mojave Indian Tribe;
(iv) the Colorado River Indian Tribes;
(v) the Quechan Indian Tribe; and
(vi) the Cocopah Indian Tribe;
(B) the Advisory Council on Historic Preservation; and
(C) the State Historic Preservation Offices of Nevada, Arizona, and California.
(3) **Resource protection** — The Tribal cultural resources management plan developed under paragraph (1) shall—
(A) be based on a completed Tribal cultural resources survey; and
(B) include procedures for identifying, protecting, and preserving petroglyphs, ancient trails, intaglios, sleeping circles, artifacts, and other resources of cultural, archaeological, or historical significance in accordance with all applicable laws and policies, including—
(i) chapter 2003 of title 54;
(ii) Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) ([42 U.S.C. 1996](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1996&num=0&edition=prelim) [, 1996a]);
(iii) 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.);
(iv) 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.); and
(v) Public Law 103–141 (commonly known as the “Religious Freedom Restoration Act of 1993”) ([42 U.S.C. 2000bb](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000bb&num=0&edition=prelim) et seq.).
**(e) Withdrawal** Subject to valid existing rights, all Federal land within the area administratively withdrawn and known as the “Indian Pass Withdrawal Area” is permanently withdrawn from—
(1) all forms of entry, appropriation, or disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) right-of-way leasing and disposition under all laws relating to minerals or solar, wind, or geothermal energy.
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Federal law — U.S. Code and appendices · legal_authorities
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
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1996
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds that—
(1) archaeological resources on public lands and Indian lands are an accessible and irreplaceable part of the Nation’s heritage;
(2) these resources are increasingly endangered because of their commercial attractiveness;
(3) existing Federal laws do not provide adequate protection to prevent the loss and destruction of these archaeological resources and sites resulting from uncontrolled excavations and pillage; and
(4) there is a wealth of archaeological information which has been legally obtained by private individuals for noncommercial purposes and which could voluntarily be made available to professional archaeologists and institutions.
**(b)** The purpose of this chapter is to secure, for the present and future benefit of the American people, the protection of archaeological resources and sites which are on public lands and Indian lands, and to foster increased cooperation and exchange of information between governmental authorities, the professional archaeological community, and private individuals having collections of archaeological resources and data which were obtained before October 31, 1979.
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Federal law — U.S. Code and appendices · legal_authorities
The Congress hereby finds that—
(1) proclamations by Presidents Herbert Hoover in 1933 and Franklin Roosevelt in 1937 established and expanded the Death Valley National Monument for the preservation of the unusual features of scenic, scientific, and educational interest therein contained;
(2) Death Valley National Monument is today recognized as a major unit of the National Park System, having extraordinary values enjoyed by millions of visitors;
(3) the monument boundaries established in the 1930’s exclude and thereby expose to incompatible development and inconsistent management, contiguous Federal lands of essential and superlative natural, ecological, geological, archeological, paleontological, cultural, historical ad 11 So in original. Probably should be “and”. wilderness values;
(4) Death Valley National Monument should be substantially enlarged by the addition of all contiguous Federal lands of national park caliber and afforded full recognition and statutory protection as a National Park; and
(5) the wilderness within Death Valley should receive maximum statutory protection by designation pursuant to the Wilderness Act [[16 U.S.C. 1131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1131&num=0&edition=prelim) et seq.].
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds that—
(1) the framers of the Constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution;
(2) laws “neutral” toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise;
(3) governments should not substantially burden religious exercise without compelling justification;
(4) in Employment Division v. Smith, 494 U.S. 872 (1990) the Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion; and
(5) the compelling interest test as set forth in prior Federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests.
**(b) Purposes** The purposes of this chapter are—
(1) to restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v. Yoder, 406 U.S. 205 (1972) and to guarantee its application in all cases where free exercise of religion is substantially burdened; and
(2) to provide a claim or defense to persons whose religious exercise is substantially burdened by government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000bb
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Federal law — U.S. Code and appendices · legal_authorities
Page 901
TITLE 16—CONSERVATION
§ 470aa
§ 470w–2. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, Pub. L. 89–665, title III, § 303, as added Pub.
L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002, re-
lated to donations and bequests of money, personal
property and less than fee interests in historic prop-
erty. See section 307107 of Title 54, National Park Serv-
ice and Related Programs.
§ 470w–3. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, Pub. L. 89–665, title III, § 304, as added Pub.
L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002;
amended Pub. L. 102–575, title XL, § 4020, Oct. 30, 1992,
106 Stat. 4765, related to access to information. See sec-
tion 307103 of Title 54, National Park Service and Re-
lated Programs.
§ 470w–4. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, Pub. L. 89–665, title III, § 305, as added Pub.
L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002, re-
lated to attorneys’ fees and costs to prevailing parties
in civil actions. See section 307105 of Title 54, National
Park Service and Related Programs.
§ 470w–5. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, Pub. L. 89–665, title III, § 306, as added Pub.
L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002, re-
lated to National Museum for the Building Arts. Sub-
secs. (a) to (c), (e), and (f) were repealed and restated in
sections 305501 to 305505 of Title 54, National Park Serv-
ice and Related Programs. Subsec. (d), which provided
for renovation of the site of the Museum, was repealed
as obsolete.
§ 470w–6. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, Pub. L. 89–665, title III, § 307, as added Pub.
L. 96–515, title V, § 501, De
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 470aa
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Federal law — U.S. Code and appendices · legal_authorities
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
Page 5241
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1996
tence of the court upon conviction is a fine in
excess of the sum of $300 or imprisonment in ex-
cess of forty-five days, the accused in said pro-
ceeding, upon demand therefore, shall be enti-
tled to a trial de novo before a jury, which shall
conform as near as may be to the practice in
other criminal cases.
This section shall not apply to contempts
committed in the presence of the court or so
near thereto as to interfere directly with the ad-
ministration of justice nor to the misbehavior,
misconduct, or disobedience, of any officer of
the court in respect to the writs, orders, or proc-
ess of the court.
Nor shall anything herein or in any other pro-
vision of law be construed to deprive courts of
their power, by civil contempt proceedings,
without a jury, to secure compliance with or to
prevent obstruction of, as distinguished from
punishment for violations of, any lawful writ,
process, order, rule, decree, or command of the
court in accordance with the prevailing usages
of law and equity, including the power of deten-
tion.
(Pub. L. 85–315, pt. V, § 151, Sept. 9, 1957, 71 Stat.
638.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 85–315, Sept.
9, 1957, 71 Stat. 634, known as the Civil Rights Act of
1957. For complete classification of this Act to the
Code, see Tables.
§ 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 pre-
serve for American Indians their inherent right
of freedom to believe, express, and exercise the
traditional religions of the American Indian, Es-
kimo, Aleut, and Native Hawaiians, including
but not limited to acce
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1996
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Federal law — U.S. Code and appendices · legal_authorities
Page 5319
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2000bb
(2) a requirement that the least intrusive
method or means of obtaining such materials
be used which do not substantially jeopardize
the availability or usefulness of the materials
sought to be obtained;
(3) a recognition of special concern for pri-
vacy interests in cases in which a search or
seizure for such documents would intrude upon
a known confidential relationship such as that
which may exist between clergyman and pa-
rishioner; lawyer and client; or doctor and pa-
tient; and
(4) a requirement that an application for a
warrant to conduct a search governed by this
subchapter be approved by an attorney for the
government, except that in an emergency situ-
ation the application may be approved by an-
other appropriate supervisory official if within
24 hours of such emergency the appropriate
United States Attorney is notified.
(b) Use of search warrants; reports to Congress
The Attorney General shall collect and com-
pile information on, and report annually to the
Committees on the Judiciary of the Senate and
the House of Representatives on the use of
search warrants by Federal officers and employ-
ees for documentary materials described in sub-
section (a)(3).
(Pub. L. 96–440, title II, § 201, Oct. 13, 1980, 94
Stat. 1882.)
§ 2000aa–12. Binding nature of guidelines; dis-
ciplinary actions for violations; legal pro-
ceedings for non-compliance prohibited
Guidelines issued by the Attorney General
under this subchapter shall have the full force
and effect of Department of Justice regulations
and any violation of these guidelines shall make
the employee or officer involved subject to ap-
propriate administrative disciplinary action.
However, an issue relating to the compliance, or
t
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2000bb
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