25 U.S.C. § 3052: Definitions

Summary

Defines key words used in this chapter. Adjacent site is a place that touches the edge of National Forest System land. Cultural items means what section 3001 says, but does not include human remains. Human remains are the physical body remains of a person of Indian ancestry. Indian is a person who belongs to an Indian tribe. Indian tribe means any Indian or Alaska Native tribe, band, nation, pueblo, village, or other community listed by the Secretary of the Interior under section 5131. Lineal descendant is someone who can trace their ancestry in a direct line, using tribal kinship rules or common-law descent, to a known Indian or to that person’s remains, funerary objects, or sacred items. National Forest System has the meaning given in section 1609(a) of title 16. Reburial site is a specific place where cultural items or human remains are reburied. Traditional and cultural purpose means a use, place, or practice that a tribe says is traditional or ceremonial because it has long-standing significance to them.

Title 25, §3052

Indians, Source: USLM XML via OLRC

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.

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