§3053 — Title 25 Indians | U.S. Code

Summary

The Secretary can allow an Indian tribe or a direct descendant to use National Forest land to rebury human remains or cultural items that were dug up from the forest or nearby land. The Secretary must first consult with the affected tribe or descendant before giving permission. If the tribe or descendant agrees, the Secretary can recover and rebury those remains and items, paying with federal money or other available funds. The Secretary can also allow uses of the reburial site or the land around it for forest management, but must avoid harming the remains and items as much as possible.

Title 25, §3053

Indians — Source: USLM XML via OLRC

(a)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)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)(1)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)In carrying out paragraph (1), the Secretary shall avoid adverse impacts to cultural items and human remains, to the maximum extent practicable.

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 L. 110–234 was repealed by section 4(a) of Pub.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. Definition of “Secretary”“Secretary” as meaning the Secretary of Agriculture, see section 8701 of Title 7, Agriculture.

§3053 Reburial of human remains and cultural items