§3052 — Title 25 Indians | U.S. Code

Summary

Gives short definitions for words used in the chapter. An adjacent site is a place next to National Forest System land. Cultural items means what section 3001 of this title says, but it does not include human remains. Human remains are the physical body parts of a person of Indian ancestry. Indian means a person who is a member of an Indian tribe. Indian tribe means any tribe, band, nation, pueblo, village, or other community on the Secretary of the Interior’s list under section 5131 of this title. Lineal descendant is someone who can trace direct ancestry to a known Indian through tribal kinship or common law. National Forest System has the meaning in section 1609(a) of title 16. A reburial site is the exact place where cultural items or human remains are reburied. Traditional and cultural purpose means a use, area, or practice a tribe identifies as traditional or ceremonial because it has long-standing 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