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25 U.S.C. § 3013 — Enforcement
Federal law — U.S. Code and appendices · legal_authorities
Page 536
TITLE 25—INDIANS
§ 3010
(A) return or repatriate Native American
cultural items to Indian tribes, Native Ha-
waiian organizations, or individuals, and
(B) enter into any other agreement with
the consent of the culturally affiliated tribe
or organization as to the disposition of, or
control over, items covered by this chapter;
(2) delay actions on repatriation requests
that are pending on November 16, 1990;
(3) deny or otherwise affect access to any
court;
(4) limit any procedural or substantive right
which may otherwise be secured to individuals
or Indian tribes or Native Hawaiian organiza-
tions; or
(5) limit the application of any State or Fed-
eral law pertaining to theft or stolen property.
(Pub. L. 101–601, § 11, Nov. 16, 1990, 104 Stat. 3057.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 101–601, Nov. 16, 1990, 104
Stat. 3048, known as the Native American Graves Pro-
tection and Repatriation Act, which is classified prin-
cipally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 3001 of this title and Tables.
§ 3010. Special relationship between Federal Gov-
ernment and Indian tribes and Native Ha-
waiian organizations
This chapter reflects the unique relationship
between the Federal Government and Indian
tribes and Native Hawaiian organizations and
should not be construed to establish a precedent
with respect to any other individual, organiza-
tion or foreign government.
(Pub. L. 101–601, § 12, Nov. 16, 1990, 104 Stat. 3058.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘This Act’’, meaning Pub. L. 101–601, Nov. 16, 1990, 104
Stat. 3048, known
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Source location: USCODE-2024-title25-chap32-sec3013.pdf
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Page 536
TITLE 25—INDIANS
§ 3010
(A) return or repatriate Native American
cultural items to Indian tribes, Native Ha-
waiian organizations, or individuals, and
(B) enter into any other agreement with
the consent of the culturally affiliated tribe
or organization as to the disposition of, or
control over, items covered by this chapter;
(2) delay actions on repatriation requests
that are pending on November 16, 1990;
(3) deny or otherwise affect access to any
court;
(4) limit any procedural or substantive right
which may otherwise be secured to individuals
or Indian tribes or Native Hawaiian organiza-
tions; or
(5) limit the application of any State or Fed-
eral law pertaining to theft or stolen property.
(Pub. L. 101–601, § 11, Nov. 16, 1990, 104 Stat. 3057.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 101–601, Nov. 16, 1990, 104
Stat. 3048, known as the Native American Graves Pro-
tection and Repatriation Act, which is classified prin-
cipally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 3001 of this title and Tables.
§ 3010. Special relationship between Federal Gov-
ernment and Indian tribes and Native Ha-
waiian organizations
This chapter reflects the unique relationship
between the Federal Government and Indian
tribes and Native Hawaiian organizations and
should not be construed to establish a precedent
with respect to any other individual, organiza-
tion or foreign government.
(Pub. L. 101–601, § 12, Nov. 16, 1990, 104 Stat. 3058.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘This Act’’, meaning Pub. L. 101–601, Nov. 16, 1990, 104
Stat. 3048, known as the Native American Graves Pro-
tection and Repatriation Act, which is classified prin-
cipally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 3001 of this title and Tables.
§ 3011. Regulations
The Secretary shall promulgate regulations to
carry out this chapter within 12 months of No-
vember 16, 1990.
(Pub. L. 101–601, § 13, Nov. 16, 1990, 104 Stat. 3058.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 101–601, Nov. 16, 1990, 104
Stat. 3048, known as the Native American Graves Pro-
tection and Repatriation Act, which is classified prin-
cipally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 3001 of this title and Tables.
§ 3012. Authorization of appropriations
There is authorized to be appropriated such
sums as may be necessary to carry out this
chapter.
(Pub. L. 101–601, § 14, Nov. 16, 1990, 104 Stat. 3058.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 101–601, Nov. 16, 1990, 104
Stat. 3048, known as the Native American Graves Pro-
tection and Repatriation Act, which is classified prin-
cipally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 3001 of this title and Tables.
§ 3013. Enforcement
The United States district courts shall have
jurisdiction over any action brought by any per-
son alleging a violation of this chapter and shall
have the authority to issue such orders as may
be necessary to enforce the provisions of this
chapter.
(Pub. L. 101–601, § 15, Nov. 16, 1990, 104 Stat. 3058.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 101–601, Nov. 16, 1990, 104
Stat. 3048, known as the Native American Graves Pro-
tection and Repatriation Act, which is classified prin-
cipally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 3001 of this title and Tables.
CHAPTER 32A—CULTURAL AND HERITAGE
COOPERATION AUTHORITY
Sec.
3051.
Purposes.
3052.
Definitions.
3053.
Reburial of human remains and cultural
items.
3054.
Temporary closure for traditional and cul-
tural purposes.
3055.
Forest products for traditional and cultural
purposes.
3056.
Prohibition on disclosure.
3057.
Severability and savings provisions.
§ 3051. Purposes
The purposes of this chapter are—
(1) to authorize the reburial of human re-
mains and cultural items on National Forest
System land, including human remains and
cultural items repatriated under the Native
American Graves Protection and Repatriation
Act (25 U.S.C. 3001 et seq.);
(2) to prevent the unauthorized disclosure of
information regarding reburial sites, including
the quantity and identity of human remains
and cultural items on sites and the location of
sites;
(3) to authorize the Secretary of Agriculture
to ensure access to National Forest System
land, to the maximum extent practicable, by
Indians and Indian tribes for traditional and
cultural purposes;
(4) to authorize the Secretary to provide for-
est products, without consideration, to Indian
tribes for traditional and cultural purposes;
(5) to authorize the Secretary to protect the
confidentiality of certain information, includ-
ing information that is culturally sensitive to
Indian tribes;
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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
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
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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 3001. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
The United States district courts shall have jurisdiction over any action brought by any person alleging a violation of this chapter and shall have the authority to issue such orders as may be necessary to enforce the provisions of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3013
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