43 C.F.R. § 10.2 - Definitions

Cite as43 C.F.R. § 10.2
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694 practice notes
  • Sentencing Commission, United States, United States Sentencing Commission,
    • United States
    • Federal Register May 29, 2002
    • May 29, 2002
    ...A cultural item, as defined in section 2(3) of the Native American Graves Protection and Repatriation Act, 25 U.S.C. 3001(3) (see also 43 CFR 10.2(d)). (E) A commemorative work. ``Commemorative work'' (A) has the meaning given that term in section 2(c) of Public Law 99-652 (40 U.S.C. 1002(c......
  • United States Sentencing Commission,
    • United States
    • Federal Register November 27, 2001
    • November 27, 2001
    ...cultural item, as defined in section 2(3) of the Native American Graves Protection and Repatriation Act, 25 U.S.C. Sec. 3001(3)(see also 43 CFR 10.2(d)). (E) A commemorative work. `Commemorative work' (A) has the meaning given that term in section 2(c) of Public Law 99-652 (40 U.S.C. Sec. 1......
  • Part III
    • United States
    • Federal Register March 15, 2010
    • March 15, 2010
    ...of the death rite or ceremony of a culture, are reasonably believed to have been placed intentionally at the time of death or later'' (43 CFR 10.2(d)(2)). This definition is taken from the definition of ``associated funerary objects'' in the Act (25 U.S.C. 3001(3)(A)). The statement referre......
  • Bonnichsen v. U.S., No. 02-35994.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 4, 2004
    ...has defined "Native American" to mean "of, or relating to, a tribe, people, or culture Page 975 indigenous to the United States." 43 C.F.R. § 10.2(d). The Secretary's regulation, enacted through notice and comment rulemaking, defines Native American exactly as NAGPRA defines it, with one cr......
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19 cases
  • Bonnichsen v. U.S., No. 02-35994.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 4, 2004
    ...has defined "Native American" to mean "of, or relating to, a tribe, people, or culture Page 975 indigenous to the United States." 43 C.F.R. § 10.2(d). The Secretary's regulation, enacted through notice and comment rulemaking, defines Native American exactly as NAGPRA defines it, with one cr......
  • Bonnichsen v. U.S., No. 02-35994.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 4, 2004
    ...by regulation has defined "Native American" to mean "of, or relating to, a tribe, people, or culture indigenous to the United States." 43 C.F.R. § 10.2(d). The Secretary's regulation, enacted through notice and comment rulemaking, defines Native American exactly as NAGPRA defines it, with o......
  • Bonnichsen v. U.S., Civil No. 96-1481-JE.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Oregon)
    • August 30, 2002
    ...folklore, oral tradition, historical evidence, or other information or expert opinion—reasonably leads to such a conclusion." 43 CFR § 10.2(e). The regulations further (c) Criteria for determining cultural affiliation. Cultural affiliation means a relationship of shared group identity that ......
  • San Carlos Apache Tribe v. U.S., No. CV 99-255 TUC DCB.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Arizona
    • July 9, 2003
    ...or objects of cultural patrimony found under or on the surface of Federal or tribal lands.'" Yankton, 83 F.Supp.2d at 1056 (citing 43 C.F.R. 10.2(g)(4)). The court considered both the exposed bones and the cemetery with its still buried contents to have been inadvertently discovered as a re......
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