25 U.S.C. § 3052 — Definitions

Page 537 TITLE 25—INDIANS § 3053 (6) to increase the availability of Forest Service programs and resources to Indian tribes in support of the policy of the United States to promote tribal sovereignty and self- determination; and (7) to strengthen support for the policy of the United States of protecting and preserving the traditional, cultural, and ceremonial rites and practices of Indian tribes, in accordance with Public Law 95–341 (commonly known as the American Indian Religious Freedom Act; 42 U.S.C. 1996). (Pub. L. 110–234, title VIII, § 8101, May 22, 2008, 122 Stat. 1286; Pub. L. 110–246, § 4(a), title VIII, § 8101, June 18, 2008, 122 Stat. 1664, 2048.) Editorial Notes REFERENCES IN TEXT The Native American Graves Protection and Repatri- ation Act, referred to in par. (1), 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. The American Indian Religious Freedom Act, re- ferred to in par. (7), is Pub. L. 95–341, Aug. 11, 1978, 92 Stat. 469, which is classified to sections 1996 and 1996a of Title 42, The Public Health and Welfare. For com- plete classification of this Act to the Code, see Short Title note set out under section 1996 of Title 42 and Ta- bles. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. DEFINITION OF ‘‘SECRETARY’’ ‘‘Secretary’’ as meaning the Secretary of Agri- culture, see section 8701 of Title 7, Agriculture. § 3052. Definitions In this chapter: (1) Adjacent site The term ‘‘adjacent site’’ means a site that borders a boundary line of National Forest System land. (2) Cultural items The term ‘‘cultural items’’ has the meaning given the term in section 3001 of this title, ex- cept that the term does not include human re- mains. (3) Human remains The term ‘‘human remains’’ means the phys- ical remains of the body of a person of Indian ancestry. (4) Indian The term ‘‘Indian’’ means an individual who is a member of an Indian tribe. (5) Indian tribe The term ‘‘Indian tribe’’ means any Indian or Alaska Native tribe, band, nation, pueblo, village, or other community the name of which is included on a list published by the Secretary of the Interior pursuant to section 5131 of this title. (6) Lineal descendant The term ‘‘lineal descendant’’ means an in- dividual that can trace, directly and without interruption, the ancestry of the individual through the traditional kinship system of an Indian tribe, or through the common law sys- tem of descent, to a known Indian, the human remains, funerary objects, or other sacred ob- jects of whom are claimed by the individual. (7) National Forest System The term ‘‘National Forest System’’ has the meaning given the term in section 1609(a) of title 16. (8) Reburial site The term ‘‘reburial site’’ means a specific physical location at which cultural items or human remains are reburied. (9) Traditional and cultural purpose The term ‘‘traditional and cultural pur- pose’’, with respect to a definable use, area, or practice, means that the use, area, or practice is identified by an Indian tribe as traditional or cultural because of the long-established sig- nificance or ceremonial nature of the use, area, or practice to the Indian tribe. (Pub. L. 110–234, title VIII, § 8102, May 22, 2008, 122 Stat. 1287; Pub. L. 110–246, § 4(a), title VIII, § 8102, June 18, 2008, 122 Stat. 1664, 2048.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. § 3053. Reburial of human remains and cultural items (a) Reburial sites In consultation with an affected Indian tribe or lineal descendant, the Secretary may author- ize the use of National Forest System land by the Indian tribe or lineal descendant for the re- burial of human remains or cultural items in the possession of the Indian tribe or lineal de- scendant that have been disinterred from Na- tional Forest System land or an adjacent site. (b) Reburial With the consent of the affected Indian tribe or lineal descendent, the Secretary may recover and rebury, at Federal expense or using other available funds, human remains and cultural items described in subsection (a) at the National Forest System land identified under that sub- section.