Advancing Tribal Parity on Public Land Act
This bill addresses tribal interests in the disposal and management of public land.
Specifically, the bill prohibits the federal government from disposing of public land or National Forest System land unless the Department of the Interior or the Department of Agriculture (USDA) determines, through consultation with any interested Indian tribe, that such disposal would not impact the rights and interests of any interested tribe and would not impair access to a reservation.
Interested Indian tribe means an Indian tribe with (1) historic, precontact, cultural, or religious connection to a cultural site located on the tract of public land; (2) a former reservation located on the tract of public land; or (3) treaty rights or other reserved rights associated with the tract of public land.
Interior and USDA must, prior to conducting a sale of a tract of public land, notify all tribes of the availability of land for sale. Further, Interior and USDA must sell the tract of land to an interested Indian tribe that submits a bid at fair market value. Land acquired by an interested tribe shall be taken into trust by Interior for the benefit of the tribe.
Additionally, the bill revises various public land provisions, including to (1) add the interests of tribes to the list of considerations for land exchanges, and (2) authorize tribes to acquire land for recreational and other public purposes.
The bill also requires each public land advisory board to include at least one representative of an interested Indian tribe.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8108 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8108
To protect Native cultural sites located on Federal land, to improve
consultation with Indian Tribes, to bring parity to Indian Tribes with
regard to Federal public land management laws, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 16, 2022
Mr. Grijalva introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on
Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To protect Native cultural sites located on Federal land, to improve
consultation with Indian Tribes, to bring parity to Indian Tribes with
regard to Federal public land management laws, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advancing Tribal Parity on Public
Land Act''.
SEC. 2. PREVENTING DISPOSAL OF CULTURAL SITES.
(a) In General.--
(1) Definitions.--In this subsection:
(A) Cultural site.--The term ``cultural site''
means--
(i) a sacred site;
(ii) a historic property (as defined in
section 800.16 of title 36, Code of Federal
Regulations (as in effect on the date of
enactment of this Act)); or
(iii) a landform or landscape that--
(I) is the site of important
customs, practices, objects, places,
religions, or ceremonies of Indian
Tribes;
(II) is important to an Indian
Tribe for the undertaking of religious,
cultural, spiritual, or traditional
practices;
(III) is connected through features
or ceremonies to other sites or a
larger sacred landscape, as determined
by an Indian Tribe; or
(IV) contains unique or important
traditional Tribal food, medicinal, or
material gathering areas.
(B) Former reservation.--The term ``former
reservation'' means land that is within the exterior
boundaries of any previous reservation that was
established by treaty, Executive order, or Secretarial
order for an Indian Tribe.
(C) Indian tribe.--The term ``Indian Tribe'' means
the governing body of any Indian or Alaska Native
tribe, band, nation, pueblo, village, community,
component band, or component reservation individually
identified (including parenthetically) on the list
published by the Secretary of the Interior under
section 104 of the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 5131).
(D) Interested indian tribe.--The term ``interested
Indian Tribe'', with respect to a tract of public land
subject to proposed disposition by the Secretary
concerned under, as applicable, section 203 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1713), section 503(a) of the Forest Service
Facility Realignment and Enhancement Act of 2005 (16
U.S.C. 580d note; Public Law 109-54), or section
2(a)(1) of Public Law 97-465 (commonly known as the
``Small Tract Act of 1983'') (16 U.S.C. 521d(a)(1)),
means an Indian Tribe with--
(i) historic, precontact, cultural, or
religious connection to a cultural site located
on the tract of public land;
(ii) a former reservation located on the
tract of public land; or
(iii) treaty rights or other reserved
rights associated with the tract of public
land.
(E) Public land.--The term ``public land'' means--
(i) public lands (as defined in section 103
of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1702)); and
(ii) National Forest System land.
(F) Sacred site.--The term ``sacred site'' means a
specific, discrete, narrowly delineated site on public
land that is identified by an Indian Tribe as sacred by
virtue of the established religious significance of the
site to, or ceremonial or medicinal use of the site by,
an Indian Tribe.
(G) Secretary concerned.--The term ``Secretary
concerned'' means--
(i) with respect to public land described
in subparagraph (E)(i), the Secretary of the
Interior; and
(ii) with respect to public land described
in subparagraph (E)(ii), the Secretary of
Agriculture.
(2) Consideration of tribal interests.--The Secretary
concerned may not dispose of a tract of public land under, as
applicable, section 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1713), section 503(a) of the
Forest Service Facility Realignment and Enhancement Act of 2005
(16 U.S.C. 580d note; Public Law 109-54), or section 2(a)(1) of
Public Law 97-465 (commonly known as the ``Small Tract Act of
1983'') (16 U.S.C. 521d(a)(1)) unless the Secretary concerned
determines, through consultation with any interested Indian
Tribes, as evidenced by a written correspondence signed by the
Secretary concerned and all interested Indian Tribes, that
disposal of the tract--
(A) would not impact the rights and interests of
any interested Indian Tribe; and
(B) would not impair access to a reservation.
(3) Notification.--If the Secretary concerned determines
under paragraph (2) that disposal of a tract of public land
under that paragraph would not impact the rights and interests
of an interested Indian Tribe and would not impair access to a
reservation, prior to conducting a sale of the tract of public
land, the Secretary concerned shall notify all Indian Tribes of
the availability of the tract for sale--
(A) in accordance with--
(i) Executive Order 13175 (25 U.S.C. 5301
note; relating to consultation and coordination
with Indian tribal governments);
(ii) chapter 1780 of the Bureau of Land
Management Manual (or successor regulations),
with respect to public land described in
paragraph (1)(E)(i); and
(iii) chapter 1563 of the Forest Service
Manual (or successor regulations), with respect
to public land described in paragraph
(1)(E)(ii); and
(B) in a manner that--
(i) the Secretary concerned determines
provides adequate notice to each Indian Tribe
of the availability of the tract for sale; and
(ii) uses any methods or modes of
communication by which an Indian Tribe has
requested to be notified of the availability of
the tract for sale.
(4) Tribal right of first refusal.--
(A) Sale to indian tribe.--If an interested Indian
Tribe notified of the proposed sale of a tract of
public land under paragraph (3) submits to the
Secretary concerned a bid to buy the tract for fair
market value by not later than 60 days after receiving
the notification, the Secretary concerned shall sell
the tract to the interested Indian Tribe.
(B) Multiple bids.--
(i) In general.--If more than 1 interested
Indian Tribe submits a bid to purchase a tract
of public land under subparagraph (A), the
Secretary concerned shall defer the sale of the
tract for a period of not more than 180 days,
unless an extension is agreed to by the
interested Indian Tribes that submitted bids
and the Secretary concerned, to allow the
Secretary concerned and interested Indian
Tribes to develop a mutually agreeable sale of
the tract to 1 or more interested Indian
Tribes.
(ii) Agreement.--If the Secretary concerned
and the interested Indian Tribes reach an
agreement under clause (i), the Secretary shall
execute the terms of that agreement in
accordance with applicable law (including
regulations).
(iii) Failure to reach agreement.--If, at
the end of, as applicable, the 180-day period
described in clause (i) or any extended period
agreed to under that clause, the Secretary
concerned and the interested Indian Tribes fail
to reach an agreement regarding the sale of the
applicable tract of public land, the Secretary
concerned shall not, for a period of 5 years
following the end of that 180-day period, offer
the tract for sale.
(C) Mandatory trust acquisition.--A tract of public
land acquired by an interested Indian Tribe under this
paragraph shall be taken into and held in trust by the
Secretary of the Interior for the benefit of the
interested Indian Tribe.
(5) Appraisal standards.--The fair market value of a tract
of public land to be sold under this subsection shall be
determined pursuant to an appraisal conducted in accordance
with--
(A) the Uniform Appraisal Standards for Federal
Land Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(b) Federal Land Policy and Management Act of 1976 Amendments.--
(1) Exchanges.--Section 206(a) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716(a)) is amended--
(A) by inserting ``, the interests of Indian
Tribes,'' after ``better Federal land management''; and
(B) by striking ``(a) A tract'' and inserting the
following:
``(a) Authorization.--
``(1) Definition of indian tribe.--In this subsection, the
term `Indian Tribe' means the governing body of any Indian or
Alaska Native tribe, band, nation, pueblo, village, community,
component band, or component reservation individually
identified (including parenthetically) on the list published by
the Secretary under section 104 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 5131).
``(2) Authorization.--A tract''.
(2) Coordination with state, local, and tribal
governments.--
(A) In general.--Section 210 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1720) is
amended--
(i) in the first sentence--
(I) by striking ``are located and
the head'' and inserting ``are located,
the head''; and
(II) by inserting ``and interested
Indian Tribes'' after ``area within
which such lands are located,''; and
(ii) by striking the section heading and
designation and all that follows through ``At
least sixty'' in the first sentence and
inserting the following:
``SEC. 210. COORDINATION WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS.
``(a) Definitions.--In this section:
``(1) Cultural site.--The term `cultural site' means--
``(A) a sacred site;
``(B) a historic property (as defined in section
800.16 of title 36, Code of Federal Regulations (as in
effect on the date of enactment of the Advancing Tribal
Parity on Public Land Act)); or
``(C) a landform or landscape that--
``(i) is the site of important customs,
practices, objects, places, religions, or
ceremonies of Indian Tribes;
``(ii) is important to an Indian Tribe for
the undertaking of religious, cultural,
spiritual, or traditional practices;
``(iii) is connected through features or
ceremonies to other sites or a larger sacred
landscape, as determined by an Indian Tribe; or
``(iv) contains unique or important
traditional Tribal food, medicinal, or material
gathering areas.
``(2) Former reservation.--The term `former reservation'
means land that is within the exterior boundaries of any
previous reservation that was established by treaty, Executive
order, or Secretarial order for an Indian Tribe.
``(3) Indian tribe.--The term `Indian Tribe' means the
governing body of any Indian or Alaska Native tribe, band,
nation, pueblo, village, community, component band, or
component reservation individually identified (including
parenthetically) on the list published by the Secretary under
section 104 of the Federally Recognized Indian Tribe List Act
of 1994 (25 U.S.C. 5131).
``(4) Interested indian tribe.--The term `interested Indian
Tribe', with respect to a tract of public lands the offer for
sale or conveyance of which is subject to notification under
subsection (b), means an Indian Tribe with--
``(A) historic, precontact, cultural, or religious
connection to a cultural site located on the tract of
public lands;
``(B) a former reservation located on the tract of
public lands; or
``(C) treaty rights or other reserved rights that
can be exercised on the tract of public lands.
``(5) Sacred site.--The term `sacred site' means a
specific, discrete, narrowly delineated site on public lands
that is identified by an Indian Tribe as sacred by virtue of
the established religious significance of the site to, or
ceremonial or medicinal use of the site by, an Indian Tribe.
``(b) Notification.--At least 60''.
(B) Conforming amendment.--The table of contents
for the Federal Land Policy and Management Act of 1976
(Public Law 94-579; 90 Stat. 2743) is amended by
striking the item relating to section 210 and inserting
the following:
``Sec. 210. Coordination with State, local, and Tribal governments.''.
(c) Federal Land Transaction Facilitation Act Amendments.--
(1) Definitions.--Section 203 of the Federal Land
Transaction Facilitation Act (43 U.S.C. 2302) is amended--
(A) in paragraph (1)--
(i) by inserting ``, including sacred sites
and land that affect the exercise of treaty or
other reserved rights,'' after ``value''; and
(ii) by striking ``Federal, State, or
local'' and inserting ``Federal, State, Tribal,
or local'';
(B) by redesignating paragraphs (1), (2), (3), (4),
(5), and (6) as paragraphs (2), (3), (5), (7), (9), and
(11), respectively;
(C) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) Cultural site.--The term `cultural site' means--
``(A) a sacred site;
``(B) a historic property (as defined in section
800.16 of title 36, Code of Federal Regulations (as in
effect on the date of enactment of the Advancing Tribal
Parity on Public Land Act)); or
``(C) a landform or landscape that--
``(i) is the site of important customs,
practices, objects, places, religions, or
ceremonies of Indian Tribes;
``(ii) is important to an Indian Tribe for
the undertaking of religious, cultural,
spiritual, or traditional practices;
``(iii) is connected through features or
ceremonies to other sites or a larger sacred
landscape, as determined by an Indian Tribe; or
``(iv) contains unique or important
traditional Tribal food, medicinal, or material
gathering areas.'';
(D) by inserting after paragraph (3) (as so
redesignated) the following:
``(4) Former reservation.--The term `former reservation'
means land that is within the exterior boundaries of any
previous reservation that was established by treaty, Executive
order, or Secretarial order for an Indian Tribe.'';
(E) by inserting after paragraph (5) (as so
redesignated) the following:
``(6) Indian tribe.--The term `Indian Tribe' means the
governing body of any Indian or Alaska Native tribe, band,
nation, pueblo, village, community, component band, or
component reservation individually identified (including
parenthetically) on the list published by the Secretary under
section 104 of the Federally Recognized Indian Tribe List Act
of 1994 (25 U.S.C. 5131).'';
(F) by inserting after paragraph (7) (as so
redesignated) the following:
``(8) Interested indian tribe.--The term `interested Indian
Tribe', with respect to an inholding identified under section
204(a)(1), means an Indian Tribe with--
``(A) historic, precontact, cultural, or religious
connection to a cultural site located on the inholding;
``(B) a former reservation located on the
inholding; or
``(C) treaty rights or other reserved rights that
can be exercised on the inholding.''; and
(G) by inserting after paragraph (9) (as so
redesignated) the following:
``(10) Sacred site.--The term `sacred site' means a
specific, discrete, narrowly delineated site that is identified
by an Indian Tribe as sacred by virtue of the established
religious significance of the site to, or ceremonial or
medicinal use of the site by, an Indian Tribe.''.
(2) Public notice of inholdings procedures.--Section 204(b)
of the Federal Land Transaction Facilitation Act (43 U.S.C.
2303(b)) is amended, in the first sentence, by inserting ``,
including notice to all interested Indian Tribes,'' after
``public notice''.
(3) Federal land disposal account.--Section 206(c)(3) of
the Federal Land Transaction Facilitation Act (43 U.S.C.
2305(c)(3)) is amended--
(A) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (B) the
following:
``(C) the extent to which the acquisition of the
land or interest therein will uphold the United States
treaty and trust obligations to Indian Tribes and the
preservation of Native American culture and
religion;''.
(d) Recreation and Public Purposes Act Amendments.--
(1) In general.--The first section of the Act of June 14,
1926 (commonly known as the ``Recreation and Public Purposes
Act'') (44 Stat. 741, chapter 578; 68 Stat. 174, chapter 263;
43 U.S.C. 869), is amended--
(A) by striking the section designation and all
that follows through ``(a) The Secretary'' and
inserting the following:
``SEC. 1. DISPOSAL OF LANDS FOR PUBLIC OR RECREATIONAL PURPOSES.
``(a) Authority To Dispose of Public Lands.--
``(1) Definitions.--In this subsection:
``(A) Cultural site.--The term `cultural site'
means--
``(i) a sacred site;
``(ii) a historic property (as defined in
section 800.16 of title 36, Code of Federal
Regulations (as in effect on the date of
enactment of the Advancing Tribal Parity on
Public Land Act)); or
``(iii) a landform or landscape that--
``(I) is the site of important
customs, practices, objects, places,
religions, or ceremonies of Indian
Tribes;
``(II) is important to an Indian
Tribe for the undertaking of religious,
cultural, spiritual, or traditional
practices;
``(III) is connected through
features or ceremonies to other sites
or a larger sacred landscape, as
determined by an Indian Tribe; or
``(IV) contains unique or important
traditional Tribal food, medicinal, or
material gathering areas.
``(B) Former reservation.--The term `former
reservation' means land that is within the exterior
boundaries of any previous reservation that was
established by treaty, Executive order, or Secretarial
order for an Indian Tribe.
``(C) Indian tribe.--The term `Indian Tribe' means
the governing body of any Indian or Alaska Native
tribe, band, nation, pueblo, village, community,
component band, or component reservation individually
identified (including parenthetically) on the list
published by the Secretary of the Interior under
section 104 of the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 5131).
``(D) Interested indian tribe.--The term
`interested Indian Tribe', with respect to a tract of
public lands subject to proposed disposition by the
Secretary of the Interior under paragraph (2), means an
Indian Tribe with--
``(i) historic, precontact, cultural, or
religious connection to a cultural site located
on the tract of public lands;
``(ii) a former reservation located on the
tract of public lands; or
``(iii) treaty rights or other reserved
rights that can be exercised on the tract of
public lands.
``(E) Sacred site.--The term `sacred site' means a
specific, discrete, narrowly delineated site on public
lands that is identified by an Indian Tribe as sacred
by virtue of the established religious significance of
the site to, or ceremonial or medicinal use of the site
by, an Indian Tribe.
``(2) Authority.--The Secretary''; and
(B) in subsection (a)(2) (as so designated)--
(i) in the first sentence, by striking
``State, Territory'' and inserting ``State,
Indian Tribe, Territory''; and
(ii) in the second sentence, by inserting
``that disposal of the land will not impact the
rights and interests of an interested Indian
Tribe,'' after ``established or definitely
proposed project,''.
(2) Sale or lease to indian tribes.--Section 2 of the Act
of June 14, 1926 (commonly known as the ``Recreation and Public
Purposes Act'') (44 Stat. 741, chapter 578; 68 Stat. 174,
chapter 263; 43 U.S.C. 869-1), is amended--
(A) in subsection (a) by striking ``State,
Territory'' and inserting ``State, Indian Tribe,
Territory''; and
(B) in subsection (b) by striking ``State,
Territory, county'' and inserting ``State, Indian
Tribe, Territory, county''.
(e) Small Tracts Act Amendments.--The first section of Public Law
97-465 (commonly known as the ``Small Tract Act of 1983'') (16 U.S.C.
521c) is amended--
(1) in the matter preceding paragraph (1), by striking
``That for purposes of this Act'' and all that follows through
``means a land transfer'' in paragraph (2) and inserting the
following:
``SEC. 1. DEFINITIONS.
``In this Act:
``(1) Indian tribe.--The term `Indian Tribe' means the
governing body of any Indian or Alaska Native tribe, band,
nation, pueblo, village, community, component band, or
component reservation individually identified (including
parenthetically) on the list published by the Secretary of the
Interior under section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).
``(2) Interchange.--The term `interchange' means a land
transfer''; and
(2) in paragraph (2), by striking ``may prescribe; and''
and all that follows through the end of paragraph (3) and
inserting the following: ``may prescribe.
``(3) Person.--The term `person' includes any State or
Indian Tribe or any political subdivision or entity of a State
or Indian Tribe.
``(4) Secretary.--The term `Secretary' means the Secretary
of Agriculture.''.
(f) Education Land Grant Act Amendments.--Section 202(a) of the
Education Land Grant Act (16 U.S.C. 479a(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting
``or an entity that operates or controls a school funded by the
Bureau of Indian Education'' after ``public school district'';
and
(2) in paragraph (1), by inserting ``or the entity that
operates or controls a school funded by the Bureau of Indian
Education'' after ``public school district''.
(g) Miscellaneous Provisions.--
(1) Selection of school lands on ceded indian
reservations.--The first section of the Act of March 2, 1895,
is amended by striking the following: ``That any State or
Territory entitled to indemnity school lands or entitled to
select lands for educational purposes under existing law may
select such lands within the boundaries of any Indian
reservation in such State or Territory from the surplus lands
thereof, purchased by the United States after allotments have
been made to the Indians of such reservation, and prior to the
opening of such reservation to settlement.'' (28 Stat. 899,
chapter 188; 43 U.S.C. 856).
(2) Representation of indian claimants in suits to
determine right to school lands.--The Act of March 2, 1901 (31
Stat. 950, chapter 808; 43 U.S.C. 868) is repealed.
(3) Townsites.--Public Law 85-569 (16 U.S.C. 478a) is
amended--
(A) in the first sentence, by striking ``would
serve indigenous community objectives that outweigh the
public objectives and values which would be served by
maintaining such tract in Federal ownership, he may''
and inserting ``is in the public interest, the
Secretary may''; and
(B) in the second sentence--
(i) by striking ``county, city, or other
local governmental subdivision'' and inserting
``Indian tribe (as defined in section 102 of
the Federally Recognized Indian Tribe List Act
of 1994 (25 U.S.C. 5130)) or county, city, or
local governmental subdivision'';
(ii) by striking ``for sale to a
governmental subdivision'' and inserting ``for
sale to an Indian tribe or governmental
subdivision''; and
(iii) by striking ``will be controlled by
the governmental subdivision'' and inserting
``will be controlled by the Indian tribe or
governmental subdivision''.
SEC. 3. INCREASED CONSULTATION.
(a) Inventory and Identification.--Section 201(b) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1711(b)) is amended
by striking ``State and local'' and inserting ``State, local, and
Tribal''.
(b) Land Use Planning.--Section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712) is amended--
(1) in subsection (c)(9), by striking ``State and local''
each place it appears and inserting ``State, local, and
Tribal''; and
(2) in subsection (f), by striking ``Federal, State, and
local'' and inserting ``Federal, State, local, and Tribal''.
(c) Advisory Councils and Public Participation.--Section 309 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1739) is
amended--
(1) in subsection (a)--
(A) in the fifth sentence, by striking ``The
establishment'' and inserting the following:
``(6) Requirement.--The establishment'';
(B) in the fourth sentence, by striking
``Appointments'' and inserting the following:
``(5) Appointments.--Appointments'';
(C) in the third sentence, by striking ``To the
extent'' and inserting the following:
``(4) No duplication.--To the extent'';
(D) in the second sentence, by striking ``At least
one member of each council'' and inserting the
following:
``(3) Requirements for membership.--
``(A) In general.--At least 1 member of each
advisory council established under this section''; and
(E) in the first sentence, by inserting ``and
Tribal'' before ``interests concerning'';
(2) by striking the section heading and designation and all
that follows through ``(a) The Secretary'' and inserting the
following:
``SEC. 309. ADVISORY COUNCILS AND PUBLIC PARTICIPATION.
``(a) Establishment of Advisory Councils.--
``(1) Definitions.--In this subsection:
``(A) Cultural site.--The term `cultural site'
means--
``(i) a sacred site;
``(ii) a historic property (as defined in
section 800.16 of title 36, Code of Federal
Regulations (as in effect on the date of
enactment of the Advancing Tribal Parity on
Public Land Act)); or
``(iii) a landform or landscape that--
``(I) is the site of important
customs, practices, objects, places,
religions, or ceremonies of Indian
Tribes;
``(II) is important to an Indian
Tribe for the undertaking of religious,
cultural, spiritual, or traditional
practices;
``(III) is connected through
features or ceremonies to other sites
or a larger sacred landscape, as
determined by an Indian Tribe; or
``(IV) contains unique or important
traditional Tribal food, medicinal, or
material gathering areas.
``(B) Former reservation.--The term `former
reservation' means land that is within the exterior
boundaries of any previous reservation that was
established by treaty, Executive order, or Secretarial
order for an Indian Tribe.
``(C) Indian tribe.--The term `Indian Tribe' means
the governing body of any Indian or Alaska Native
tribe, band, nation, pueblo, village, community,
component band, or component reservation individually
identified (including parenthetically) on the list
published by the Secretary under section 104 of the
Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5131).
``(D) Interested indian tribe.--The term
`interested Indian Tribe', with respect to the public
lands within an area for which an advisory council is
established under this section, means an Indian Tribe
with--
``(i) historic, precontact, cultural, or
religious connection to a cultural site located
on the public lands;
``(ii) a former reservation located on the
public lands; or
``(iii) treaty rights or other reserved
rights that can be exercised on the public
lands.
``(E) Sacred site.--The term `sacred site' means a
specific, discrete, narrowly delineated site on public
lands that is identified by an Indian Tribe as sacred
by virtue of the established religious significance of
the site to, or ceremonial or medicinal use of the site
by, an Indian Tribe.
``(2) Establishment.--The Secretary''; and
(3) in subsection (a), in paragraph (3) (as so designated),
by adding at the end the following:
``(B) Interested indian tribes.--At least 1 member
of each advisory council established under this section
shall be a representative of an interested Indian
Tribe.''.
(d) Improved Planning.--
(1) Development and management of national forests.--
Section 3 of the Multiple-Use Sustained-Yield Act of 1960 (16
U.S.C. 530) is amended by striking ``and others'' and inserting
``, interested Indian Tribes, and others''.
(2) Definition of indian tribe.--Section 4 of the Multiple-
Use Sustained-Yield Act of 1960 (16 U.S.C. 531) is amended--
(A) by striking the section designation and all
that follows through ``means: The'' in subsection (a)
and inserting the following:
``SEC. 4. DEFINITIONS.
``In this Act:
``(1) Indian tribe.--The term `Indian Tribe' means the
governing body of any Indian or Alaska Native tribe, band,
nation, pueblo, village, community, component band, or
component reservation individually identified (including
parenthetically) on the list published by the Secretary of the
Interior under section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).
``(2) Multiple use.--The term `multiple use' means--
``(A) the'';
(B) in paragraph (2)(A) (as so designated), by
striking ``making the most'' and inserting the
following:
``(B) making the most'';
(C) in paragraph (2)(B) (as so designated), by
striking ``that some land'' and inserting the
following:
``(C) that some land'';
(D) in paragraph (2)(C) (as so designated), by
striking ``harmonious'' and inserting the following:
``(D) harmonious''; and
(E) in subsection (b), by striking the subsection
designation and all that follows through ``means the
achievement'' and inserting the following:
``(3) Sustained yield of the several products and
services.--The term `sustained yield of the several products
and services' means the achievement''.
(e) National Forest System Land and Resource Management Plans.--
Section 6(a) of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1604(a)) is amended by striking ``State and
local governments'' and inserting ``State, Tribal, and local
governments''.
(f) Information and Data.--Section 12 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1610) is amended,
in the first sentence, by striking ``Federal, State, and private
organizations'' and inserting ``Federal, State, Tribal, and private
organizations''.
(g) Public Participation.--Section 14(a) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1612(a))
is amended by striking ``Federal, State, and local governments'' and
inserting ``Federal, State, Tribal, and local governments''.
(h) Advisory Boards for Public Participation in the Planning for
and Management of the National Forest System.--Section 14(b) of the
Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1612(b)) is amended--
(1) by striking ``(b) In providing'' and inserting the
following:
``(b) Advisory Boards.--
``(1) Definitions.--In this subsection:
``(A) Cultural site.--The term `cultural site'
means--
``(i) a sacred site;
``(ii) a historic property (as defined in
section 800.16 of title 36, Code of Federal
Regulations (as in effect on the date of
enactment of the Advancing Tribal Parity on
Public Land Act)); or
``(iii) a landform or landscape that--
``(I) is the site of important
customs, practices, objects, places,
religions, or ceremonies of Indian
Tribes;
``(II) is important to an Indian
Tribe for the undertaking of religious,
cultural, spiritual, or traditional
practices;
``(III) is connected through
features or ceremonies to other sites
or a larger sacred landscape, as
determined by an Indian Tribe; or
``(IV) contains unique or important
traditional Tribal food, medicinal, or
material gathering areas.
``(B) Former reservation.--The term `former
reservation' means land that is within the exterior
boundaries of any previous reservation that was
established by treaty, Executive order, or Secretarial
order for an Indian Tribe.
``(C) Indian tribe.--The term `Indian Tribe' means
the governing body of any Indian or Alaska Native
tribe, band, nation, pueblo, village, community,
component band, or component reservation individually
identified (including parenthetically) on the list
published by the Secretary of the Interior under
section 104 of the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 5131).
``(D) Interested indian tribe.--The term
`interested Indian Tribe', with respect to National
Forest System land, means an Indian Tribe with--
``(i) historic, precontact, cultural, or
religious connection to a cultural site located
on the National Forest System land;
``(ii) a former reservation located on the
National Forest System land; or
``(iii) treaty rights or other reserved
rights that can be exercised on the National
Forest System land.
``(E) Sacred site.--The term `sacred site' means a
specific, discrete, narrowly delineated site on
National Forest System land that is identified by an
Indian Tribe as sacred by virtue of the established
religious significance of the site to, or ceremonial or
medicinal use of the site by, an Indian Tribe.
``(2) Establishment.--In providing'';
(2) in paragraph (2) (as so designated), in the second
sentence, by striking ``The membership of such boards'' and
inserting the following:
``(3) Membership.--
``(A) In general.--The membership of each advisory
board established under paragraph (2)''; and
(3) in paragraph (3) (as so designated), by adding at the
end the following:
``(B) Interested indian tribes.--At least 1 member
of each advisory board established under paragraph (2)
shall be a representative of an interested Indian
Tribe.''.
SEC. 4. CONFIDENTIAL INFORMATION.
(a) In General.--Notwithstanding any other provision of law, at the
request of the applicable Indian Tribe or Tribal government, any Tribal
consultation meeting held for the purpose of carrying out this Act or
an amendment made by this Act shall be closed to the public.
(b) Sensitive Information.--
(1) In general.--Notwithstanding any other provision of
law, if, during a Tribal consultation process conducted for the
purpose of carrying out this Act or an amendment made by this
Act, the applicable Indian Tribe or Tribal government
designates any information, such as the location of a sacred
site or other detail of a cultural or religious practice, as
sensitive, that information shall be protected by law as
confidential and withheld from any public disclosure or
publication made as part of the Tribal consultation process or
in the process of carrying out this Act or an amendment made by
this Act.
(2) Access.--If information has been designated as
sensitive under paragraph (1), the applicable agency shall
determine, in consultation with the applicable Indian Tribe or
Tribal government, who may have access to the information for
the purposes of carrying out this Act or an amendment made by
this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee for Indigenous Peoples of the United States.
Referred to the Subcommittee on National Parks, Forests, and Public Lands.
Referred to the Subcommittee on Conservation and Forestry.
Subcommittee Hearings Held.
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