Title 25 — Indians
Chapter 32A — Cultural and Heritage Cooperation Authority
§ 3053. Reburial of human remains and cultural items
Statutory text
Reburial sites
In consultation with an affected Indian tribe or lineal descendant, the Secretary may authorize the use of National Forest System land by the Indian tribe or lineal descendant for the reburial of human remains or cultural items in the possession of the Indian tribe or lineal descendant that have been disinterred from National Forest System land or an adjacent site.
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 subsection.
Authorization of use
In general
Subject to paragraph (2), the Secretary may authorize such uses of reburial sites on National Forest System land, or on the National Forest System land immediately surrounding a reburial site, as the Secretary determines to be necessary for management of the National Forest System.
Avoidance of adverse impacts
In carrying out paragraph (1), the Secretary shall avoid adverse impacts to cultural items and human remains, to the maximum extent practicable.
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 § 8103 · 122 Stat. 923
Enacted · 25 U.S.C. § 3053
Pub. L. 110–234, title VIII, § 8103, May 22, 2008, 122 Stat. 1287
Source evidence
Code source credit
Pub. L. 110–234, title VIII, § 8103, May 22, 2008, 122 Stat. 1287Enacted provision · exact public law section
SEC. 8103. REBURIAL OF HUMAN REMAINS AND CULTURAL ITEMS. (a) Reburial Sites.— In consultation with an affected Indian tribe or lineal descendant, the Secretary may authorize the use of National Forest System land by the Indian tribe or lineal descendant for the reburial of human remains or cultural items in the possession of the Indian tribe or lineal descendant that have been disinterred from National 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 subsection. (c) Authorization of Use.— (1) In general.— Subject to paragraph (2), the Secretary may authorize such uses of reburial sites on National Forest System land, or on the National Forest System land immediately surrounding a reburial site, as the Secretary determines to be necessary for management of the National Forest System. (2) Avoidance of adverse impacts.— In carrying out paragraph (1), the Secretary shall avoid adverse impacts to cultural items and human remains, to the maximum extent practicable.
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.
Definition of “Secretary”
“Secretary” as meaning the Secretary of Agriculture, see section 8701 of Title 7, Agriculture.
Credits
2008 · 2 acts
- 2008Pub. L. 110–234, title VIII, § 8103, , 122 Stat. 1287
- 2008Pub. L. 110–246, § 4(a), title VIII, § 8103, , 122 Stat. 1664, 2049.
Show as published
(Pub. L. 110–234, title VIII, § 8103, , 122 Stat. 1287; Pub. L. 110–246, § 4(a), title VIII, § 8103, , 122 Stat. 1664, 2049.)