Page:United States Statutes at Large Volume 122.djvu/2072

 12 2 STA T . 2 049PUBLIC LA W 110 – 24 6—J U NE 1 8, 2008 (4)INDIA N .—Thet e rm‘ ‘I ndia n ’ ’ mean s an indi v id u a lw h o isamem b ero f an Indian tribe. ( 5 ) INDIAN TR I BE .—The term ‘‘Indian tribe’’ means an y Indian or A las k a N ative tribe , band, nation, p ueblo, villa g e, or other c ommunity the name of which is included on a list published by the S ecretary of the Interior pursuant to section 10 4of the F ederally R ecogni z ed Indian Tribe L istActof1 9 94 ( 2 5 U .S. C .4 7 9a – 1). ( 6 ) LINEA L DE SC ENDANT.—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 ob j ects, or other sacred objects of whom are claimed by the individual. (7) NATI O NAL F OREST S Y STE M .—The term ‘‘National Forest System’’ has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources P lanning Act of 1974 (16 U.S.C. 1609(a)). ( 8 ) REB U RIAL 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.8103 . R E BU R IALOFH U M A N REMAINS AN D CUL T URAL 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 possession of the Indian tribe or lineal descendant that have been disinterred from National Forest System land or an adjacent site. (b) REBURIAL.— W ith the consent of the affected Indian tribe or lineal descendent, the Secretary may recover and rebury, at Federal e x pense 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) AUT H ORI Z ATION OF USE.— (1) IN G ENERAL.—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 imme- diately surrounding a reburial site, as the Secretary determines to be necessary for management of the National Forest System. (2) A V OIDANCE OF ADVERSE IMPACTS.—In carrying out para- graph (1), the Secretary shall avoid adverse impacts to cultural items and human remains, to the maximum extent practicable. SEC. 810 4 . TEM P ORAR Y CLOSURE FOR TRADITIONAL AND CULTURAL PURPOSES. (a) RECOGNITION OF H ISTORIC USE.—To the maximum extent practicable, the Secretary shall ensure access to National Forest System land by Indians for traditional and cultural purposes, in accordance with subsection (b), in recognition of the historic use by Indians of National Forest System land. 25USC30 5 4. 25 USC 3053.

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