25 U.S.C. § 3053 — Reburial of human remains and cultural items

FEDERAL · 25 U.S.C. · Chapter 32A

Reburial of human remains and cultural items

Current through Pub. L. 119-102

Title 25 — Indians·Ch. 32A — CULTURAL AND HERITAGE COOPERATION AUTHORITY

(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 reburi

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(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.

25 U.S.C. § 3053 (Reburial of human remains and cultural items) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Source Credit

History

(Pub. L. 110–234, title VIII, §8103, May 22, 2008, 122 Stat. 1287; Pub. L. 110–246, §4(a), title VIII, §8103, June 18, 2008, 122 Stat. 1664, 2049.)

Editorial Notes

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.