Glossary
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Federal land that is recognized by a final judgment of the Indian Claims Commission or the United States Court of Claims as the aboriginal land of an Indian tribe. [43 CFR Part 10]
Advisory Council on Historic Preservation
The Advisory Council on Historic Preservation (ACHP) is an independent Federal agency that promotes the preservation, enhancement, and productive use of our nation's historic resources, and advises the President and Congress on national historic preservation policy. The ACHP was established under section 201 of the National Historic Preservation Act (NHPA).
Affected Party
Under the Native American Graves Protection and Repatriation Act of 1990 (NAGPRA), an affected party is “an Indian tribe, Native Hawaiian organization, lineal descendant, Federal agency, or museum.”
Archaeological Interest
Capable of providing scientific or humanistic understandings of past human behavior, cultural adaptation, and related topics through the application of scientific or scholarly techniques such as controlled observation, contextual measurement, controlled collection, analysis, interpretation and explanation. [43 CFR Part 7]
Archaeological Resource
As defined in the Archaeological Resources Protection Act (ARPA), the term “archaeological resources” means “Any material remains of past human life or activities which are of archaeological interest, as determined under uniform regulations promulgated pursuant to this Act. Such regulations containing such determination shall include, but not be limited to: pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, graves, human skeletal materials, or any portion or piece of any of the foregoing items. Nonfossilized and fossilized paleontological specimens, or any portion or piece thereof, shall not be considered archaeological resources, under the regulations under this paragraph, unless found in an archaeological context. No item shall be treated as an archaeological resource under regulations under this paragraph unless such item is at least 100 years of age.”
As defined in 43 CFR Part 7 (Protection of Archaeological Resources), archaeological resource means “any material remains of human life or activities which are at least 100 years of age, and which are of archaeological interest.
Arrowhead
Any projectile point which appears to have been designed for use with an arrow. [43 CFR Part 7]Associated Funerary Objects
Objects that, as a part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later, and both the human remains and associated funerary objects are presently in the possession or control of a Federal agency or museum, except that other items exclusively made for burial purposes or to contain human remains shall be considered as associated funerary objects. [NAGPRA]
Any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which as a part of the death rite or ceremony of a culture, individual human remains are deposited. [NAGPRA] A category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a Federal agency in implementation of these regulations and for which, therefore, neither an environmental assessment nor an environmental impact statement is required. An agency may decide in its procedures or otherwise, to prepare environmental assessments for the reasons stated in Section 1508.9 even though it is not required to do so. Any procedures under this section shall provide for extraordinary circumstances in which a normally excluded action may have a significant environmental effect. [40 CFR 1508.4, Council on Environmental Quality]Claimant (NAGPRA)
A lineal descendant, Indian tribe, or Native Hawaiian organization who asserts a claim for cultural items pursuant to NAGPRA.Control
As defined In 43 CFR Part 10 “control” means “having a legal interest in human remains, funerary objects, sacred objects, or objects of cultural patrimony sufficient to lawfully permit the museum or Federal agency to treat the objects as part of its collection for purposes of these regulations [43 CFR Part 10] whether or not the human remains, funerary objects, sacred objects or objects of cultural patrimony are in the physical custody of the museum or Federal agency. Generally, a museum or Federal agency that has loaned human remains, funerary objects, sacred objects, or objects of cultural patrimony to another individual, museum, or Federal agency is considered to retain control of those human remains, funerary objects, sacred objects, or objects of cultural patrimony for purposes of these regulations.”Cultural Affiliation
Under NAGPRA, “cultural affiliation” means “that there is a relationship of shared group identity which can be reasonably traced historically or prehistorically between a present day Indian tribe or Native Hawaiian organization and an identifiable earlier group.”According to 43 CFR Part 10, “cultural affiliation” is established when the preponderance of the evidence- based on geographical, kinship, biological, archeological, linguistic, folklore, oral tradition, historical evidence, or other information or expert opinion-reasonably leads to such a conclusion.
Cultural Items
Under NAGPRA, cultural items means human remains, associated funerary objects, unassociated funerary objects, sacred objects, and objects of cultural patrimony.Culturally Unidentifiable
Cultural items for which no culturally affiliated present-day Indian tribe or Native Hawaiian organization can be determined. [43 CFR Part 10] As used at 25 USC 3002 and 43 CFR Subpart B, the term refers to the return of cultural items excavated or inadvertently discovered on Federal or tribal lands after November 16, 1990, to lineal descendants, Indian Tribes, and Native Hawaiian organizations. The term disposition is also used at 25 USC 3006 (c)(5) with respect to the NAGPRA Review Committee's charge to recommend specific actions for developing a process for the disposition of culturally unidentifiable human remains.Documentation
A summary of existing museum or Federal agency records including inventories or catalogues, relevant studies, or other pertinent data for the limited purpose of determining the geographical origin, cultural affiliation, and basic facts surrounding the acquisition and accession of human remains and associated funerary objects. [43 CFR Part 10]
Environmental Impact Statement (EIS)
An EIS is to serve as an action-forcing device to insure that the policies and goals defined in the Act are infused into the ongoing programs and actions of the Federal Government. It shall provide full and fair discussion of significant environmental impacts and shall inform decisionmakers and the public of the reasonable alternatives which would avoid or minimize adverse impacts or enhance the quality of the human environment. Agencies shall focus on significant environmental issues and alternatives and shall reduce paperwork and the accumulation of extraneous background data. Statements shall be concise, clear, and to the point, and shall be supported by evidence that the agency has made the necessary environmental analyses. An environmental impact statement is more than a disclosure document. It shall be used by Federal officials in conjunction with other relevant material to plan actions and make decisions. [40 CFR 1502.1, Council on Environmental Quality] Any land other than tribal lands which are controlled or owned by the United States, including lands selected by but not yet conveyed to Alaska Native Corporations and groups organized pursuant to the Alaska Native Claims Settlement Act of 1971. [NAGPRA]Federal Land Manager
Under ARPA, “Federal Land Manager” means, “with respect to any public lands, the Secretary of the department, or the head of any other agency or instrumentality of the United States, having primary management authority over such lands. In the case of any public lands or Indian lands with respect to which no department, agency, or instrumentality has primary management authority, such term means the Secretary of the Interior. If the Secretary of the Interior consents, the responsibilities (in whole or in part) under this chapter of the Secretary of any department (other than the Department of the Interior) or the head of any other agency or instrumentality may be delegated to the Secretary of the Interior with respect to any land managed by such other Secretary or agency head, and in any such case, the term "Federal land manager" means the Secretary of the Interior.
Under 43 CFR Part 7, Federal Land Manager means:
- With respect to any public lands, the secretary of the department, or the head of any other agency or instrumentality of the United States, having primary management authority over such lands, including persons to whom such management authority has been officially delegated;
- In the case of Indian lands, or any public lands with respect to which no department, agency or instrumentality has primary management authority, such term means the Secretary of the Interior;
- The Secretary of the Interior, when the head of any other agency or instrumentality has, pursuant to section 3(2) of ARPA and with the consent of the Secretary of the Interior, delegated to the Secretary of the Interior the responsibilities (in whole or in part) in this part.”
Federal Preservation Officer
As defined in the NHPA, “The head of each Federal agency shall, unless exempted under section 214 of this Act, designate a qualified official to be known as the agency's "preservation officer" who shall be responsible for coordinating that agency's activities under this Act. Each Preservation Officer may, in order to be considered qualified, satisfactorily complete an appropriate training program established by the Secretary under section 101(h) of this Act.”Federal Register
The official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents. The Federal Register is published by the Office of the Federal Register, National Archives and Records Administration (NARA).
In Federal Accounting Standards Advisory Board Statement of Federal Financial Accounting Standards 29, “heritage assets” are defined as:
“property, plant and equipment (PP&E) that are unique for one or more of the following reasons:
Heritage assets consist of (1) collection type heritage assets, such as objects gathered and maintained for exhibition, for example, museum collections, art collections, and library collections; and (2) non-collection-type heritage assets, such as parks, memorials, monuments, and buildings.
Heritage assets are generally expected to be preserved indefinitely. One example of evidence that a particular asset is heritage in nature is that it is listed on the National Register of Historic Places.”
Historic Property
“Historic Property” or “Historic Resource” means any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion on the National Register, including artifacts, records, and material remains related to such a property or resource. [NHPA] The unanticipated encounter or detection of human remains, funerary objects, sacred objects, or objects of cultural patrimony found under or on the surface of Federal or tribal lands pursuant to section 3(d) of NAGPRA. [43 CFR Part 10]Indian Lands
Lands of Indian tribes, or Indian individuals, which are either held in trust by the United States or subject to a restriction against alienation imposed by the United States, except for any subsurface interests in lands not owned or controlled by an Indian tribe or an Indian individual. [ARPA and 43 CFR Part 7]
Indian Tribe Official
The principal leader of an Indian Tribe or Native Hawaiian organization or the individual officially designated by the governing body of an Indian tribe or Native Hawaiian organization or as otherwise provided by tribal code, policy, or established procedure as responsible for matters relating to these regulations. [43 CFR Part 10]Indian Tribe
“Any band, nation, or other organized group or community of Indians, including any Alaska Native village (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.” [NAGPRA]"Indian tribe as defined in the Act (Archeological Resources Protection Act of 1979) means any Indian tribe, band, nation, or other organized group or community, including any Alaska village or regional or village corporation as defined in, or established pursuant to, the Alaska Native Claims settlement Act (85 Stat. 688). In order to clarify this statutory definition for purposes of this part, "Indian tribe'' means:
- Any tribal entity which is included in the annual list of recognized tribes published in the Federal Register by the Secretary of the Interior pursuant to 25 CFR part 54;
- Any other tribal entity acknowledged by the Secretary of the Interior pursuant to 25 CFR part 54 since the most recent publication of the annual list; and
- Any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688), and any Alaska Native village or tribe which is recognized by the Secretary of the Interior as eligible for services provided by the Bureau of Indian Affairs." [43 CFR Part 7]
“An Indian tribe, band, nation, or other organized group or community, including a Native village, Regional Corporation or Village Corporation, as those terms are defined in section 3 of the Alaska Native Claims Settlement Act [43 U.S.C. 1602], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.” [NHPA]
Indian Trust Asset
Lands, natural resources, money, or other assets held by the federal government in trust or that are restricted against alienation for Indian tribes and individual Indians. [Departmental Manual 303]
Intentional Excavation
“Means the planned archeological removal of human remains, funerary objects, sacred objects, or objects of cultural patrimony found under or on the surface of Federal or tribal lands pursuant to section 3 (c) of the Act (NAGPRA).” [43 CFR Part 10]Inventory (NAGPRA)
The item-by-item description of human remains and associated funerary objects required by section 5 he Native American Graves and Repatriation Act. The term inventory sometimes appears in the statute in the phrase "inventory and identification," which refers to the identification of the cultural affiliation of Native American human remains and associated funerary objects as a required part of the inventory. The inventory has two parts: 1) a listing of all human remains and associated funerary objects that are identified as being culturally affiliated with one or more present-day Indian tribes or Native Hawaiian organizations, and 2) a listing of all culturally unidentifiable human remains for which no culturally affiliated present-day Indian tribe or Native Hawaiian organization can be determined (43 CFR Part 10) Museums and Federal agencies were required to complete their inventories by November 16, 1995.
“Means an individual tracing his or her ancestry directly and without interruption by means of the traditional kinship system of the appropriate Indian tribe or Native Hawaiian organization or by the common law system of descendants [sic] to a known Native American individual whose remains, funerary objects, or sacred objects are being claimed under these regulations.” [43 CFR Part 10.2 (b)(1)] “Means physical evidence of human habitation, occupation, use, or activity, including the site, location, or context in which such evidence is situated.” [43 CFR Part 7]Mitigation
"Includes:a) Avoiding the impact altogether by not taking a certain action or parts of an action.
b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation.
c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.
d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.
e) Compensating for the impact by replacing or providing substitute resources or environments.” [40 CFR 1508.20, Council on Environmental Quality]
Museum
“Means any institution or State or local government agency (including any institution of higher learning) that receives Federal funds and has possession of, or control over, Native American cultural items. Such term does not include the Smithsonian Institution or any other Federal agency.” [NAGPRA]National Register of Historic Places (National Register)
The official Federal list of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering, and culture. The National Register was established under section 101 of the National Historic Preservation Act. [NHPA]National NAGPRA
A program of the National Park Service's National Center for Cultural Resources. National NAGPRA assists the Secretary of the Interior with some of the Secretary's responsibilities under the Native American Graves Protection and Repatriation Act (NAGPRA), and focuses on NAGPRA implementation outside of the National Park System.Native American
“Means of, or relating to, a tribe, people, or culture that is indigenous to the United States.” [NAGPRA]”Means of, or relating to, a tribe, people, or culture indigenous to the United States, including Alaska and Hawaii.” [43 CFR Part 10.2 (d)]
Native American Graves Protection and Repatriation Review Committee
An advisory committee established pursuant to NAGPRA. The Review Committee is subject to the Federal Advisory Committee Act, and has authority to monitor and review the implementation of the inventory and identification process and repatriation activities under 25 U.S.C. 3003-3005. Per the charter of the Native American Graves Protection and Repatriation Review Committee, the Designated Federal Officer for the Review Committee is the National NAGPRA program manager. The National NAGPRA program provides staff support to the Review Committee. “Means items having ongoing historical, traditional, or cultural importance central to the Indian tribe or Native Hawaiian organization itself, rather than property owned by an individual tribal or organization member. These objects are of such central importance that they may not be alienated, appropriated, or conveyed by any individual tribal or organization member. Such objects must have been considered inalienable by the culturally affiliated Indian tribe or Native Hawaiian organization at the time the object was separated from the group. Objects of cultural patrimony include items such as Zuni War Gods, the Confederacy Wampum Belts of the Iroquois, and other objects of similar character and significance to the Indian tribe or Native Hawaiian organization as a whole.” [43 CFR Part 10] “Means having physical custody of human remains, funerary objects, sacred objects, or objects of cultural patrimony with a sufficient legal interest to lawfully treat the objects as part of its collection for purposes of these regulations. Generally, a museum or Federal agency would not be considered to have possession of human remains, funerary objects, sacred objects, or objects of cultural patrimony on loan from another individual, museum, or Federal agency.” [43 CFR Part 10.2 (a)(3)(i)]Preservation
Also known as "historic preservation" includes identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, research, interpretation, conservation, and education and training regarding the foregoing activities, or any combination of the foregoing activities. [NHPA]Public Lands
- Lands that are owned and administered by the United States as part of the national park system, the national wildlife refuge system, or the national forest system;
- All other lands the fee title to which is held by the United States, other than lands on the Outer Continental Shelf and lands which are under the jurisdiction of the Smithsonian Institution, and Indian lands. [43 CFR Part 7]
Sacred Site
“Means any specific, discrete, narrowly delineated location on Federal land that is identified by an Indian tribe, or Indian individual determined to be an appropriately authoritative representative of an Indian religion, as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion; provided that the tribe or appropriately authoritative representative of an Indian religion has informed the agency of the existence of such a site.” [Executive Order 13007, Indian Sacred Sites] A property that is eligible for inclusion in the National Register of Historic Places because of its association with cultural practices or beliefs of a living community that a) are rooted in that community's history, and b) are important in maintaining the continuing cultural identity of the community An example would be a location associated with the traditional beliefs of a Native American group about its origins, its cultural history, or the nature of the world.Tribal Land
In NAGPRA, tribal land is defined as: a) all lands within the exterior boundaries of any Indian reservation;
b) all dependent Indian communities;
c) any lands administered for the benefit of Native Hawaiians pursuant to the Hawaiian Homes Commission Act, 1920, and section 4 of Public Law 86-3.
In NHPA, tribal land is defined as:
a) all lands within the exterior boundaries of any Indian reservation; and
b) all dependent Indian communities
Undertaking
Means “a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including those carried out by or on behalf of a Federal agency; those carried out with Federal financial assistance; and those requiring a Federal permit, license, or approval.” [36 CFR Part 800.16]
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Page Last Updated
January 15, 2009