Title 25 — Indians
Chapter 32A — Cultural and Heritage Cooperation Authority
§ 3052. Definitions
Statutory text
In this chapter:
Adjacent site
The term “adjacent site” means a site that borders a boundary line of National Forest System land.
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.
Human remains
The term “human remains” means the physical remains of the body of a person of Indian ancestry.
Indian
The term “Indian” means an individual who is a member of an Indian tribe.
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.
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.
National Forest System
The term “National Forest System” has the meaning given the term in section 1609(a) of title 16.
Reburial site
The term “reburial site” means a specific physical location at which cultural items or human remains are reburied.
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.
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. 1287Enacted 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
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 , 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
- 2008Pub. L. 110–234, title VIII, § 8102, , 122 Stat. 1287
- 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.)