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Title 25 — Indians

Chapter 32A — Cultural and Heritage Cooperation Authority

§ 3052. Definitions

Statutory text

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, except that the term does not include human remains.

(3)

Human remains

The term “human remains” means the physical 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 individual 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 system of descent, to a known Indian, the human remains, funerary objects, or other sacred objects 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 purpose”, 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 significance or ceremonial nature of the use, area, or practice to the Indian tribe.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 110–234 title VIII § 8102 · 122 Stat. 923

    Enacted · 25 U.S.C. § 3052

    Pub. L. 110–234, title VIII, § 8102, May 22, 2008, 122 Stat. 1287

    Source evidence

    Code source credit
    Pub. L. 110–234, title VIII, § 8102, May 22, 2008, 122 Stat. 1287

    Enacted provision · exact public law section
    SEC. 8102. DEFINITIONS.   In this subtitle: (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 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001), except that the term does not include human remains. (3) Human remains.— The term “human remains” means the physical 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 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a–1). (6) Lineal descendant.— The term “lineal descendant” means an individual 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 system of descent, to a known Indian, the human remains, funerary objects, or other sacred objects of whom are claimed by the individual. (7) National forest system.— The term “National Forest System” has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (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 purpose”, 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 significance or ceremonial nature of the use, area, or practice to the Indian tribe.

1 of 1 references resolved to an enrolled provision

Editorial Notes

Codification

Statutory Notes and Related Subsidiaries

Effective Date

Section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , 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.

Credits

2008 · 2 acts
  1. 2008Pub. L. 110–234, title VIII, § 8102, , 122 Stat. 1287
  2. 2008Pub. L. 110–246, § 4(a), title VIII, § 8102, , 122 Stat. 1664, 2048.
Show as published

(Pub. L. 110–234, title VIII, § 8102, , 122 Stat. 1287; Pub. L. 110–246, § 4(a), title VIII, § 8102, , 122 Stat. 1664, 2048.)

Parsed from the official OLRC USLM XML in data/usc_all/usc25.xml · release point 119-108 · OLRC build 2026-05-06

USLM identifier /us/usc/t25/s3052