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25 U.S.C. § 3013 — Enforcement

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

25 U.S.C. § 3013 — Enforcement

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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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

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

25 U.S.C. § 3013 — Enforcement

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.

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