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.

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Terms Used In 25 USC 3052

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8