Page:United States Statutes at Large Volume 122.djvu/1310

 12 2 STA T . 12 87PUBLIC LA W 11 0– 2 34—M A Y 22, 2008 (5)toau t h o rize the S e c retar y to p rotect the co nf i d entia l ity of certain infor m ation , includin g information that i s culturally sensiti v eto I ndian tri b es ( 6 ) to increase the availability of F orest Service programs and resources to Indian tribes in support of the policy of the U nited States to promote tribal sovereignty and self - determina- tion; and ( 7 ) to strengthen support for the policy of the United States of protecting and preserving the traditional, cultural, and ceremonial rites and practices of Indian tribes, in accordance w ith P ublic L aw 9 5 –341 (commonly k nown as the A merican Indian R eligious Freedom Act; 4 2 U . S. C . 1996). SEC.8102 . D E FIN I T I O NS. In this subtitle

(1) A DJACENTSI TE. —T he term ‘ ‘ad j acent site ’ ’ means a site that borders a boundary line of N ational Forest System land. (2) C UL TU R AL ITE M S.—The term ‘‘cultural items’’ has the meaning given the term in section 2 of the Native American G raves Protection and Repatriation Act (25 U.S.C. 3 0 01), e x cept that the term does not include human remains. (3) H UMAN 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 TRI B E.—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 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a–1). (6) LINEAL DESCENDANT.—The term ‘‘lineal descendant’’ means an individual that can trace, directly and without interruption, the ancestry of the individual through the tradi- tional 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) NATI O NAL F OREST S Y STEM.—The term ‘‘National Forest System’’ has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). ( 8 ) REBURIAL SITE.—The term ‘‘reburial site’’ means a spe- cific physical location at which cultural items or human remains are reburied. (9) TRADITIONAL AND CULTURAL P URPOSE.—The term ‘‘tradi- tional 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. SEC. 810 3 . R E BU RI AL OF H U M AN REMAINS AND CULTURAL ITEMS. (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 descend- ant for the reburial of human remains or cultural items in the 25USC30 53 . 25 USC 3052.

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