§3052 — Title 25 Indians | U.S. Code

Summary

Defines terms used. Adjacent site — land bordering National Forest System. Cultural items — as defined in section 3001; excludes human remains. Human remains — physical remains of a person of Indian ancestry. Indian — a member of an Indian tribe. Indian tribe — any Indian or Alaska Native tribe or community listed under section 5131. Lineal descendant — person who traces direct descent to a known Indian whose remains or sacred objects are claimed. National Forest System — defined in section 1609(a) of title 16. Reburial site — place where cultural items or human remains are reburied. Traditional and cultural purpose — use, area, or practice a tribe identifies as traditional because it has long ceremonial importance.

Title 25, §3052

Indians — Source: USLM XML via OLRC

In this chapter:

(1)The term “adjacent site” means a site that borders a boundary line of National Forest System land.

(2)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)The term “human remains” means the physical remains of the body of a person of Indian ancestry.

(4)The term “Indian” means an individual who is a member of an Indian tribe.

(5)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)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)The term “National Forest System” has the meaning given the term in section 1609(a) of title 16.

(8)The term “reburial site” means a specific physical location at which cultural items or human remains are reburied.

(9)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.

Notes & Related Subsidiaries

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 May 22, 2008, 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.

§3052 Definitions