1. U.S. Code
  2. title 25
  3. chapter 32A
  4. § 3057

Collapse to view only § 3057. Severability and savings provisions

§ 3051. Purposes
The purposes of this chapter are—
(1) to authorize the reburial of human remains and cultural items on National Forest System land, including human remains and cultural items repatriated under the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.);
(2) to prevent the unauthorized disclosure of information regarding reburial sites, including the quantity and identity of human remains and cultural items on sites and the location of sites;
(3) to authorize the Secretary of Agriculture to ensure access to National Forest System land, to the maximum extent practicable, by Indians and Indian tribes for traditional and cultural purposes;
(4) to authorize the Secretary to provide forest products, without consideration, to Indian tribes for traditional and cultural purposes;
(5) to authorize the Secretary to protect the confidentiality of certain information, including information that is culturally sensitive to Indian tribes;
(6) to increase the availability of Forest Service programs and resources to Indian tribes in support of the policy of the United States to promote tribal sovereignty and self-determination; 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 with Public Law 95–341 (commonly known as the American Indian Religious Freedom Act; 42 U.S.C. 1996).
(Pub. L. 110–234, title VIII, § 8101, May 22, 2008, 122 Stat. 1286; Pub. L. 110–246, § 4(a), title VIII, § 8101, June 18, 2008, 122 Stat. 1664, 2048.)

CITE AS: 25 USC 3051

§ 3052. Definitions
In this chapter:
(1) Adjacent site
(2) Cultural items
(3) Human remains
(4) Indian
(5) Indian tribe
(6) Lineal descendant
(7) National Forest System
(8) Reburial site
(9) Traditional and cultural purpose
(Pub. L. 110–234, title VIII, § 8102, May 22, 2008, 122 Stat. 1287; Pub. L. 110–246, § 4(a), title VIII, § 8102, June 18, 2008, 122 Stat. 1664, 2048.)

CITE AS: 25 USC 3052

§ 3053. Reburial of human remains and cultural items
(a) Reburial sites
(b) Reburial
(c) Authorization of use
(1) In general
(2) Avoidance of adverse impacts
(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.)

CITE AS: 25 USC 3053

§ 3054. Temporary closure for traditional and cultural purposes
(a) Recognition of historic use
(b) Closing land from public access
(1) Authority to close
(2) Limitation
(3) Consistency
(Pub. L. 110–234, title VIII, § 8104, May 22, 2008, 122 Stat. 1288; Pub. L. 110–246, § 4(a), title VIII, § 8104, June 18, 2008, 122 Stat. 1664, 2049.)

CITE AS: 25 USC 3054

§ 3055. Forest products for traditional and cultural purposes
(a) In general
(b) Prohibition
(Pub. L. 110–234, title VIII, § 8105, May 22, 2008, 122 Stat. 1288; Pub. L. 110–246, § 4(a), title VIII, § 8105, June 18, 2008, 122 Stat. 1664, 2050.)

CITE AS: 25 USC 3055

§ 3056. Prohibition on disclosure
(a) Nondisclosure of information
(1) In generalThe Secretary shall not disclose under section 552 of title 5 (commonly known as the “Freedom of Information Act”), information relating to—
(A) subject to subsection (b)(l),1
1 So in original. Probably should be “(b)(1),”.
human remains or cultural items reburied on National Forest System land under section 3053 of this title; or
(B) subject to subsection (b)(2), resources, cultural items, uses, or activities that—
(i) have a traditional and cultural purpose; and
(ii) are provided to the Secretary by an Indian or Indian tribe under an express expectation of confidentiality in the context of forest and rangeland research activities carried out under the authority of the Forest Service.
(2) Limitations on disclosureSubject to subsection (b)(2), the Secretary shall not be required to disclose information under section 552 of title 5 (commonly known as the “Freedom of Information Act”), concerning the identity, use, or specific location in the National Forest System of—
(A) a site or resource used for traditional and cultural purposes by an Indian tribe; or
(B) any cultural items not covered under section 3053 of this title.
(b) Limited release of information
(1) ReburialThe Secretary may disclose information described in subsection (a)(l)(A) 2
2 So in original. Probably should be “(a)(1)(A)”.
if, before the disclosure, the Secretary—
(A) consults with an affected Indian tribe or lineal descendent;
(B) determines that disclosure of the information—
(i) would advance the purposes of this chapter; and
(ii) is necessary to protect the human remains or cultural items from harm, theft, or destruction; and
(C) attempts to mitigate any adverse impacts identified by an Indian tribe or lineal descendant that reasonably could be expected to result from disclosure of the information.
(2) Other informationThe Secretary, in consultation with appropriate Indian tribes, may disclose information described under paragraph (1)(B) or (2) of subsection (a) if the Secretary determines that disclosure of the information to the public—
(A) would advance the purposes of this chapter;
(B) would not create an unreasonable risk of harm, theft, or destruction of the resource, site, or object, including individual organic or inorganic specimens; and
(C) would be consistent with other applicable laws.
(Pub. L. 110–234, title VIII, § 8106, May 22, 2008, 122 Stat. 1288; Pub. L. 110–246, § 4(a), title VIII, § 8106, June 18, 2008, 122 Stat. 1664, 2050.)

CITE AS: 25 USC 3056

§ 3057. Severability and savings provisions
(a) Severability
(b) Savings
Nothing in this chapter—
(1) diminishes or expands the trust responsibility of the United States to Indian tribes, or any legal obligation or remedy resulting from that responsibility;
(2) alters, abridges, repeals, or affects any valid agreement between the Forest Service and an Indian tribe;
(3) alters, abridges, diminishes, repeals, or affects any reserved or other right of an Indian tribe; or
(4) alters, abridges, diminishes, repeals, or affects any other valid existing right relating to National Forest System land or other public land.
(Pub. L. 110–234, title VIII, § 8107, May 22, 2008, 122 Stat. 1289; Pub. L. 110–246, § 4(a), title VIII, § 8107, June 18, 2008, 122 Stat. 1664, 2051.)

CITE AS: 25 USC 3057