Tribal Cultural Areas Protection Act
This bill provides for the preservation of tribal cultural sites on public land by establishing the Tribal Cultural Areas System.
Within three years of this bill's enactment, the Department of the Interior or the Department of Agriculture (USDA), as applicable, must
The bill gives Congress the sole authority to (1) designate a tribal cultural site located on public land as a tribal cultural area for inclusion in the system, and (2) remove a tribal cultural area from the system. Congress must consider the recommendations of Interior and USDA when determining whether to make such a designation.
For each congressionally designated tribal cultural area, Interior or USDA must (1) establish a tribal commission to provide guidance and recommendations on the development of a management plan for the tribal cultural area, and (2) develop a comprehensive management plan.
The bill allows for self-determination contracts with tribes or tribal organizations to perform administrative or management functions within a tribal cultural area.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6147 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6147
To establish the Tribal Cultural Areas System, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 1, 2023
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 establish the Tribal Cultural Areas System, 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 ``Tribal Cultural Areas Protection
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Existing use.--The term ``existing use'', with respect
to a Tribal cultural area, means a use that is occurring within
the Tribal cultural area on the date on which the Tribal
cultural area is designated for inclusion in the System.
(2) Former reservation.--The term ``former reservation''
means land that is within the exterior boundaries of the last
reservation that was established by treaty, Executive order, or
Secretarial order for an Indian Tribe.
(3) Historic property.--The term ``historic property''
means a historic or precontact site, building, structure, or
object that has religious, medicinal, or cultural significance
to an interested Indian Tribe.
(4) Indian land.--The term ``Indian land'' means land of an
Indian Tribe or an individual Indian that is--
(A) held in trust by the United States; or
(B) subject to a restriction against alienation
imposed by the United States.
(5) 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).
(6) Interested indian tribe.--The term ``interested Indian
Tribe'', with respect to a tract of public land, means an
Indian Tribe with--
(A) historic, precontact, cultural, or religious
connections to a Tribal cultural site located on the
tract of public land;
(B) a former reservation located on the tract of
public land; or
(C) treaty rights or other reserved rights
associated with the tract of public land.
(7) Management plan.--The term ``management plan'' means
the management plan developed for a Tribal cultural area under
section 5(d)(3)(A).
(8) National forest system.--The term ``National Forest
System'' has the meaning given the term in section 11(a) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1609(a)).
(9) Native knowledge.--The term ``Native knowledge'' has
the meaning given the term in section 219.19 of title 36, Code
of Federal Regulations (as in effect on the date of enactment
of this Act).
(10) New use.--
(A) In general.--The term ``new use'', with respect
to a Tribal cultural area, means--
(i) a use that involves surface disturbance
and is not occurring in the Tribal cultural
area on the date on which the Tribal cultural
area is designated for inclusion in the System;
and
(ii) a use that is occurring in the Tribal
cultural area on the date on which the Tribal
cultural area is designated for inclusion in
the System, but that is being modified so as--
(I) to create a surface
disturbance;
(II) to significantly expand or
alter impacts of the use on the land,
water, air, cultural resources, or
wildlife of the Tribal cultural area;
or
(III) to be inconsistent with the
purposes for which the Tribal cultural
area is--
(aa) designated under
section 5; or
(bb) recommended under
section 8.
(B) Exclusion.--The term ``new use'', with respect
to a Tribal cultural area, does not include a use
that--
(i) is categorically excluded from the
requirements of title I of the National
Environmental Policy Act of 1969 (42 U.S.C.
4331 et seq.);
(ii) is carried out to comply with the
Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.);
(iii) is necessary to maintain a road,
trail, structure, or facility within the Tribal
cultural area that is--
(I) in existence on the date on
which the Tribal cultural area is
designated for inclusion in the System;
and
(II) identified in the management
planning documents of the applicable
land management agency as a road,
trail, structure, or facility intended
for continued use; or
(iv) the Secretary concerned determines to
be necessary for the control of fire, insects,
or diseases, subject to such terms and
conditions as the Secretary concerned
determines appropriate.
(11) Public land.--The term ``public land'' means--
(A) land under the jurisdiction of the Secretary
(other than Indian land); and
(B) National Forest System land.
(12) Restoration.--The term ``restoration'' has the meaning
given the term in section 219.19 of title 36, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(13) 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 use of the site by, an Indian Tribe.
(14) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(15) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary, with respect to public land
described in paragraph (11)(A); and
(B) the Secretary of Agriculture, with respect to
public land described in paragraph (11)(B).
(16) Surface disturbance.--The term ``surface disturbance''
means any new disruption of soil or vegetation that would
require restoration to return the soil or vegetation to natural
appearance or ecological function.
(17) System.--The term ``System'' means the Tribal Cultural
Areas System established by section 5(a).
(18) Tribal commission.--The term ``Tribal commission''
means the Tribal commission established for a Tribal cultural
area under section 6(a).
(19) Tribal cultural area.--The term ``Tribal cultural
area'' means a Tribal cultural site that has been designated
for inclusion in the System.
(20) Tribal cultural site.--The term ``Tribal cultural
site'' means--
(A) a historic property; and
(B) a landform, landscape, or location that--
(i) is or may be important to the customs,
practices, objects, places, religions, or
ceremonies of an Indian Tribe;
(ii) is or may be important to an Indian
Tribe for the undertaking of religious,
cultural, spiritual, traditional subsistence,
or other traditional practices;
(iii) contains unique or important
traditional Tribal food, medicinal, or material
gathering areas; or
(iv) is connected through features,
ceremonies, objects, histories, or cultural
practices to other sites or to a larger sacred
landscape, as determined by an Indian Tribe.
(21) Tribal organization.--The term ``Tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
SEC. 3. FINDINGS.
Congress finds that--
(1) the Federal Government manages more than 640,000,000
acres of public land that was carved out of the ancestral
homeland of Indian Tribes;
(2) Indians Tribes and members of Indian Tribes--
(A) have maintained historical, religious, and
spiritual connections to land now designated as public
land;
(B) continue to exercise treaty rights on public
land; and
(C) use public land to pray, conduct ceremonies,
visit burial sites, gather plants, and undertake other
traditional cultural activities;
(3) treaties, Executive orders, court decisions, and
Federal laws and regulations--
(A) acknowledge the rights of Indian Tribes and
members of Indian Tribes on public land; and
(B) require public land managers to consult with
Indian Tribes prior to taking action that would impact
those rights; and
(4) efforts to commercially develop or transfer ownership
of public land often ignore the rights and protections of
Indian Tribes and have resulted in--
(A) the desecration of sacred sites;
(B) the diminishment of Tribal treaty rights; and
(C) the mismanagement of sacred sites, including
the looting of sacred objects and burial sites and the
diminishment of harvests of traditional native plants
used in religious ceremonies and for other purposes.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the preservation of Tribal cultural sites located on
public land is in the public interest;
(2) through their unique history and traditional knowledge,
Indian Tribes have an important role in managing Tribal
cultural sites on public land; and
(3) Tribal cultural sites on public land should be
permanently protected for the benefit of Indian Tribes.
SEC. 5. TRIBAL CULTURAL AREAS SYSTEM.
(a) Establishment.--In order to preserve Tribal cultural sites on
public land, there is established the Tribal Cultural Areas System.
(b) Purposes.--The purposes of the System are--
(1) to preserve opportunities for Indian Tribes to
undertake religious, cultural, spiritual, medicinal, or
traditional practices within Tribal cultural sites;
(2) to permanently protect the religious, cultural,
spiritual, scenic, ecological, medicinal, and traditional
values of Tribal cultural sites; and
(3) to enhance opportunities for Indian Tribes to engage in
the preservation and management of Tribal cultural sites on
public land.
(c) Areas Included.--
(1) Eligible cultural sites.--Any Tribal cultural site
located on public land is eligible to be designated by Congress
as a Tribal cultural area for inclusion in the System.
(2) Designation.--A Tribal cultural site may be designated
as a Tribal cultural area for inclusion in the System only by
an Act of Congress.
(3) Secretarial recommendation.--In determining whether to
designate a Tribal cultural site as a Tribal cultural area for
inclusion in the System, Congress shall take into consideration
the recommendations of the Secretary concerned under
subsections (a)(6) and (d)(3)(C)(ii)(I) of section 8.
(4) Removal.--A Tribal cultural area may be removed from
the System only by an Act of Congress.
(d) Management.--
(1) In general.--Subject to valid existing rights, the
Secretary concerned shall manage Tribal cultural areas--
(A) to preserve Tribal cultural sites within each
Tribal cultural area;
(B) in consultation with the applicable Tribal
commission; and
(C) in accordance with--
(i) this Act; and
(ii) any other applicable laws (including
regulations).
(2) Uses.--
(A) In general.--In accordance with this Act, the
Secretary concerned shall only authorize new uses or
existing uses within a Tribal cultural area that the
Secretary determines, in consultation with the
applicable Tribal commission, are consistent with--
(i) the purposes described in subsection
(b);
(ii) the preservation of Tribal cultural
sites within the Tribal cultural area; and
(iii) this Act.
(B) New uses.--
(i) In general.--If the Secretary concerned
determines under subparagraph (A) that a new
use is consistent with the requirements of
clauses (i) through (iii) of that subparagraph,
before authorizing the new use, the Secretary
concerned shall request agreement from the
applicable Tribal commission.
(ii) Approval.--If the applicable Tribal
commission agrees to the new use for which the
Secretary concerned requests agreement under
clause (i), or does not respond to the request
by the date that is 60 days after the date on
which the Secretary concerned makes the request
under that clause, the Secretary concerned
shall authorize the new use.
(iii) Denial.--If the applicable Tribal
commission denies agreement for a new use by
the date that is 30 days after the date on
which the Secretary concerned makes the request
under clause (i), the Secretary concerned
shall--
(I) consult with the applicable
Tribal commission to determine specific
measures to eliminate or mitigate
potential adverse impacts to the Tribal
cultural area resulting from the new
use; and
(II) authorize the new use, subject
to the measures determined under
subclause (I).
(3) Management plan.--
(A) In general.--Not later than 3 years after the
date on which a Tribal cultural area is designated for
inclusion in the System, the Secretary concerned shall
develop a comprehensive plan for the management of the
Tribal cultural area in accordance with paragraph (2).
(B) Requirements.--In developing a management plan
under subparagraph (A), the Secretary concerned shall--
(i) closely collaborate with the applicable
Tribal commission in accordance with
subparagraph (C);
(ii) consult with--
(I) Indian Tribes;
(II) appropriate State and local
governmental entities; and
(III) members of the public;
(iii) at the request of an interested
Indian Tribe identified under section 9(a)(1),
include the interested Indian Tribe as a
cooperating agency in the development of the
management plan; and
(iv) to the maximum extent practicable,
incorporate Native knowledge.
(C) Incorporation of recommendations.--
(i) In general.--In developing a management
plan under subparagraph (A), the Secretary
concerned shall carefully and fully consider
incorporating the traditional, historical, and
cultural knowledge and Native knowledge of the
applicable Tribal commission, which shall be
submitted to the Secretary concerned as written
recommendations.
(ii) Consultation.--If the Secretary
concerned determines that a specific
recommendation submitted to the Secretary
concerned under clause (i) is impracticable,
infeasible, or not in the public interest, the
Secretary concerned shall consult with the
applicable Tribal commission to determine
specific measures to modify, or otherwise
address, the recommendation.
(iii) Written explanation.--If, after
consultation under clause (ii), the Secretary
concerned determines not to incorporate a
specific recommendation submitted to the
Secretary concerned under clause (i), the
Secretary concerned shall provide to the Tribal
commission a written explanation of the reason
for the determination by the date that is 30
days after the date on which the determination
is made.
(4) Road construction.--
(A) In general.--No new roads shall be constructed
within a Tribal cultural area.
(B) Temporary roads.--No temporary roads shall be
constructed within a Tribal cultural area, except as
necessary--
(i) to meet the minimum requirements for
the administration of the Tribal cultural area;
(ii) to protect public health and safety;
(iii) to respond to an emergency; and
(iv) for the control of fire, insects, or
diseases, subject to such terms and conditions
as the Secretary concerned determines to be
appropriate.
(C) Effect.--Subject to appropriations, the
Secretary concerned shall maintain existing roads
determined by the Secretary concerned, in consultation
with the applicable Tribal commission, to be necessary
for authorized existing uses and the administration of
the Tribal cultural area.
(5) Motorized vehicles.--
(A) In general.--Except as provided in subparagraph
(B), the use of motorized vehicles in a Tribal cultural
area shall be permitted only on roads designated by the
management plan for the use of motorized vehicles.
(B) Exception.--The use of motorized vehicles shall
be permitted in a Tribal cultural area on roads not
designated by the management plan for the use of
motorized vehicles in cases in which the use is--
(i) necessary--
(I) for administrative purposes;
(II) to respond to an emergency; or
(III) for traditional cultural
purposes, including the exercise of
rights secured by treaty, statute,
Executive order, or other Federal law;
or
(ii) determined necessary by the applicable
Tribal commission.
(C) Savings clause.--Nothing in this paragraph
authorizes the use of motorized vehicles on public land
(as defined in section 10(d)(1)) within a Tribal
cultural area if the use is otherwise prohibited on the
public land.
(6) Grazing.--
(A) In general.--Subject to subparagraph (B), the
grazing of livestock in a Tribal cultural area
established before the date on which the Tribal
cultural area is designated for inclusion in the System
shall be permitted to continue.
(B) Requirement.--
(i) Consistency required.--Grazing
permitted under subparagraph (A) shall be--
(I) subject to--
(aa) a determination by the
Secretary concerned, in
consultation with the
applicable Tribal commission,
that grazing may be carried out
in a manner consistent with the
purposes for which the Tribal
cultural area is established;
(bb) such reasonable
regulations, policies, and
practices as the Secretary
concerned determines necessary;
and
(cc) applicable law
(including regulations); and
(II) carried out in a manner
consistent with the purposes described
in subsection (b).
(ii) Modification.--On a determination by
the Secretary concerned that grazing within a
Tribal cultural area is inconsistent with the
purposes for which the Tribal cultural area is
established, the Secretary concerned shall
modify or terminate the grazing permit or
lease, as determined appropriate by the
Secretary concerned.
(C) Voluntary grazing permit or lease donation
program.--
(i) Donation of permit or lease.--
(I) Acceptance.--The Secretary
concerned shall accept the donation of
any valid existing permits or leases
authorizing grazing on public land, all
or a portion of which is within a
Tribal cultural area.
(II) Termination.--The Secretary
concerned shall terminate any grazing
permit or lease acquired under
subclause (I).
(III) No new grazing permits or
leases.--Except as provided in clauses
(ii) and (iii), with respect to each
grazing permit and lease donated under
subclause (I), the Secretary
concerned--
(aa) shall not issue any
new grazing permit or lease
within the grazing allotment
covered by the grazing permit
or lease; and
(bb) shall ensure a
permanent end to livestock
grazing on the grazing
allotment covered by the
grazing permit or lease.
(ii) Donation of portion of grazing
lease.--
(I) In general.--If a person
holding a valid grazing permit or lease
donates less than the full amount of
grazing use authorized under the permit
or lease, the Secretary concerned
shall--
(aa) reduce the authorized
grazing level to reflect the
donation; and
(bb) modify the permit or
lease to reflect the revised
level of use.
(II) Authorized level.--To ensure
that there is a permanent reduction in
the authorized level of grazing on the
land covered by a permit or lease
donated under subclause (I), the
Secretary concerned shall not allow
grazing use to exceed the authorized
level established under that subclause.
(iii) Common allotments.--
(I) In general.--If a grazing
allotment covered by a grazing permit
or lease or portion of a grazing permit
or lease that is donated under clause
(i) or (ii) also is covered by another
grazing permit or lease that is not
donated, the Secretary concerned shall
reduce the grazing level on the grazing
allotment to reflect the donation.
(II) Authorized level.--To ensure
that there is a permanent reduction in
the level of livestock grazing on the
land covered by a grazing permit or
lease or portion of a grazing permit or
lease donated under clause (i) or (ii),
the Secretary concerned shall not allow
grazing to exceed the level established
under subclause (I).
(7) Vegetation management.--
(A) In general.--Subject to subparagraph (B),
vegetation management within a Tribal cultural area may
be permitted--
(i) if necessary to protect, maintain, or
enhance a Tribal cultural area (including the
enhancement of traditional food or material
gathering); and
(ii) for restoration purposes.
(B) Requirement.--Vegetation management permitted
under subparagraph (A) shall be--
(i) subject to--
(I) such reasonable regulations,
policies, and practices as the
Secretary concerned determines
necessary; and
(II) applicable law (including
regulations); and
(ii) in a manner consistent with the
purposes described in subsection (b).
(e) Valid Existing Rights.--The designation of a Tribal cultural
area shall be subject to valid existing rights.
(f) Withdrawal.--Subject to valid existing rights, all public land
within a Tribal cultural area, and all land and interests in land
acquired by the United States within a Tribal cultural area, shall be
withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(g) Tribal Cultural and Religious Uses.--
(1) In general.--Nothing in this Act diminishes any Tribal
rights regarding access to public land for Tribal activities,
including spiritual, cultural, medicinal, and traditional food
gathering activities.
(2) Tribal uses and interests.--
(A) Access and use.--In accordance with applicable
law, and subject to section 10(d)(3), the Secretary
concerned shall ensure access to a Tribal cultural area
by members of an interested Indian Tribe for
traditional cultural and religious purposes.
(B) Temporary closure.--
(i) In general.--In carrying out
subparagraph (A), the Secretary concerned, in
consultation with the applicable Tribal
commission, on request of an Indian Tribe or
applicable Tribal commission, may temporarily
close to the general public the use of 1 or
more specific portions of a Tribal cultural
area to protect the privacy of cultural,
religious, and food and medicinal and materials
gathering activities by members of the Indian
Tribe.
(ii) Requirements.--
(I) In general.--Any closure under
clause (i) shall be made so as to
affect the smallest practicable area
for the minimum period of time
necessary.
(II) Access.--Access by members of
an Indian Tribe to a portion of a
Tribal cultural area closed under
clause (i) shall be consistent with the
purpose and intent of Public Law 95-341
(commonly known as the ``American
Indian Religious Freedom Act'') (42
U.S.C. 1996 et seq.) and other
applicable law.
(h) Federally Secured Rights; Indian Land.--
(1) Federally secured rights.--Nothing in this Act alters,
modifies, enlarges, diminishes, or abrogates rights secured by
treaty, statute, Executive order, or other Federal law of any
Indian Tribe, including off-reservation reserved rights.
(2) Indian land.--Nothing in this Act affects any Indian
land.
(i) Law Enforcement.--
(1) In general.--The Secretary concerned, in coordination
with the applicable Tribal commission, shall ensure adequate
law enforcement presence with respect to law enforcement
matters under the jurisdiction of the Secretary concerned to
maintain the integrity of a Tribal cultural area.
(2) No effect on jurisdiction.--Nothing in this Act limits
or otherwise affects the civil or criminal regulatory
jurisdiction, including law enforcement, for issues under the
jurisdiction of an Indian Tribe.
SEC. 6. TRIBAL COMMISSION.
(a) In General.--To ensure that the management of a Tribal cultural
area reflects the expertise and traditional, cultural, ecological, and
historical knowledge and Native knowledge of members of interested
Indian Tribes, not later than 180 days after the date on which the
Tribal cultural area is designated for inclusion in the System, the
Secretary concerned shall establish for the Tribal cultural area a
Tribal commission.
(b) Duties.--Each Tribal commission shall provide guidance and
recommendations on the development and implementation of the management
plan for, and policies of, the applicable Tribal cultural area.
(c) Membership.--
(1) Composition.--Each Tribal commission shall consist of
the representatives designated by each interested Indian Tribe
with a historical association with the land within the
boundaries of the Tribal cultural area for which the Tribal
commission is established (with a maximum of 1 representative
per interested Indian Tribe).
(2) Process.--The Secretary concerned shall conduct
government-to-government consultation with each interested
Indian Tribe with a historical association with the land within
the boundaries of the Tribal cultural area for which the Tribal
commission is established to determine whether the interested
Indian Tribe may designate a representative to be a member of
the Tribal commission under paragraph (1).
(d) Exemption.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to any Tribal commission.
SEC. 7. SELF-DETERMINATION CONTRACTS.
(a) In General.--The Secretary concerned may contract with 1 or
more Indian Tribes or Tribal organizations to perform administrative or
management functions within a Tribal cultural area through contracts
entered into under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5301 et seq.).
(b) Tribal Assistance.--The Secretary concerned may provide
technical and financial assistance to an Indian Tribe in accordance
with section 103 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5322) to improve the capacity of the Indian
Tribe to develop, enter into, and carry out activities under a contract
under subsection (a).
SEC. 8. AGENCY RECOMMENDATIONS.
(a) Initial Agency Recommendations.--Not later than 3 years after
the date of enactment of this Act, the Secretary concerned, in
consultation with interested Indian Tribes, shall--
(1) establish criteria for recommending Tribal cultural
sites for designation as Tribal cultural areas for inclusion in
the System, using the factors described in subsection (b);
(2) solicit recommendations for Tribal cultural sites on
land under the jurisdiction of the Secretary concerned to be
designated as Tribal cultural areas for inclusion in the System
from--
(A) any interested Indian Tribe;
(B) any applicable State Historic Preservation
Officer; and
(C) any applicable Tribal Historic Preservation
Officer;
(3) review designations in local land management plans to
identify Tribal cultural sites that meet the criteria
established by the Secretary concerned under paragraph (1);
(4) consider any other relevant information, including oral
histories, traditional knowledge, Native knowledge, and
traditional ecological knowledge, regarding Tribal cultural
sites on public land that may qualify for designation as a
Tribal cultural area;
(5) consider and evaluate Tribal cultural sites, including
Tribal cultural sites identified under paragraphs (2) through
(4), for designation as a Tribal cultural area for inclusion in
the System; and
(6) make recommendations to Congress regarding Tribal
cultural sites that the Secretary concerned determines should
be designated as Tribal cultural areas for inclusion in the
System.
(b) Factors.--The factors that the Secretary concerned shall
consider in establishing criteria for recommending a Tribal cultural
site for designation as a Tribal cultural area for inclusion in the
System under subsection (a)(1) shall include--
(1) the importance of the potential Tribal cultural area to
an Indian Tribe or members of an Indian Tribe for traditional
cultural activities, including praying, conducting ceremonies,
visiting burial sites, gathering plants, and undertaking other
traditional cultural activities;
(2) the past or present cultural, traditional, and
historical affiliations of an Indian Tribe to the potential
Tribal cultural area;
(3) the existence of rights secured by treaty, statute,
Executive order, or other Federal law; and
(4) recommendations made by 1 or more Indian Tribes.
(c) Ongoing Agency Recommendations.--As a part of any update or
revision of a local land management plan, the Secretary concerned shall
identify, evaluate, and make recommendations regarding any Tribal
cultural sites on land covered by the local land management plan that
would be suitable for designation as Tribal cultural areas for
inclusion in the System.
(d) Additional Areas.--
(1) In general.--One or more interested Indian Tribes may
submit to the Secretary concerned a petition to recommend the
designation of a Tribal cultural area for inclusion in the
System.
(2) Contents.--A petition under paragraph (1) shall
contain--
(A) a description of the cultural significance and
history of the proposed Tribal cultural area;
(B) a map showing specific boundaries of the
proposed Tribal cultural area; and
(C) a list of interested Indian Tribes that possess
cultural, religious, historic, or precontact
connections to the proposed Tribal cultural area.
(3) Approval process.--
(A) In general.--Not later than 18 months after the
date on which a petition is submitted under paragraph
(1), the Secretary concerned shall approve or deny the
petition.
(B) Failure to meet deadline.--
(i) In general.--Subject to clause (ii), if
the Secretary concerned does not approve or
deny a petition submitted under paragraph (1)
by the deadline described in subparagraph (A),
the petition shall be considered to have been
denied by the Secretary concerned.
(ii) Extension.--The Secretary concerned
and the 1 or more Indian Tribes that submitted
the petition may mutually agree to extend the
deadline for responding to the petition under
subparagraph (A).
(C) Approval.--
(i) In general.--The Secretary concerned
shall approve a petition submitted under
paragraph (1) unless the Secretary concerned
determines that--
(I) the proposed Tribal cultural
area does not meet the criteria
established under subsection (a)(1); or
(II) approving the petition--
(aa) would violate Federal
law; or
(bb) is not in the public
interest.
(ii) Recommendations.--On approval of a
petition submitted under paragraph (1), the
Secretary concerned shall--
(I) recommend that Congress
designate the proposed Tribal cultural
area for inclusion in the System; and
(II) manage the proposed Tribal
cultural area in accordance with
subsection (e).
(D) Denial.--Not later than 60 days after the date
on which the Secretary concerned, as applicable, denies
a petition submitted under paragraph (1) or fails to
meet the applicable deadline described in subparagraph
(B), the Secretary concerned shall provide to the 1 or
more interested Indian Tribes that submitted the
petition--
(i) a written response detailing the
reasons why the Secretary concerned denied the
petition; and
(ii) an opportunity to correct any
deficiencies in the petition.
(e) Management of Recommended Areas.--
(1) In general.--Until Congress determines otherwise, the
Secretary concerned shall--
(A) manage each recommended Tribal cultural area--
(i) in a manner so as to preserve the
Tribal cultural sites and cultural values of
the area; and
(ii) in accordance with--
(I) paragraphs (4) through (7) of
section 5(d); and
(II) subsections (g) through (i) of
section 5; and
(B) only allow such uses in the recommended Tribal
cultural area as are consistent with preserving Tribal
cultural sites and cultural values of the area, as
determined by the Secretary concerned after
consultation with interested Indian Tribes.
(2) Withdrawal.--Subject to valid existing rights, until
Congress has determined otherwise, the Secretary concerned
shall withdraw all public land within a recommended Tribal
cultural area from--
(A) all forms of entry, appropriation, or disposal
under the public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(3) Consultation.--The Secretary concerned shall consult
with interested Indian Tribes with an interest in a recommended
Tribal cultural area not less frequently than twice each year
to discuss--
(A) the protection and management of the
recommended Tribal cultural area; and
(B) proposed new uses of the recommended Tribal
cultural area.
SEC. 9. TRIBAL COORDINATION.
(a) Selection.--
(1) In general.--Not later than 180 days after the date on
which a Tribal cultural area is designated for inclusion in the
System, the Secretary concerned, in consultation with the
Director of the Bureau of Indian Affairs, shall identify 1 or
more interested Indian Tribes with an interest in the
management of the Tribal cultural area.
(2) Interested indian tribes.--An interested Indian Tribe
may petition the Secretary concerned to be identified as having
an interest in the management of a Tribal cultural area under
paragraph (1).
(b) Consultation.--
(1) In general.--The Secretary concerned shall consult with
the applicable Tribal commission not less frequently than twice
each year, unless otherwise mutually agreed, concerning the
protection, preservation, and management of the applicable
Tribal cultural area, including--
(A) any proposed new uses within the Tribal
cultural area; and
(B) any necessary management actions within the
Tribal cultural area.
(2) Tribal management proposals.--The Secretary concerned
shall consider any proposals for management actions within a
Tribal cultural area submitted by the applicable Tribal
commission.
(3) Consideration.--If the Secretary concerned determines
that a proposed management action submitted to the Secretary
concerned under paragraph (2) is impracticable, infeasible, or
not in the public interest, the Secretary concerned shall
consult with the applicable Tribal commission to determine
specific measures to modify, or otherwise address, the proposed
management action.
(4) Written explanation.--If, after consultation under
paragraph (3), the Secretary concerned determines not to
implement a proposed management action submitted to the
Secretary concerned under paragraph (2), not later than 90 days
after making such a determination, the Secretary concerned
shall provide to the applicable Tribal commission a written
explanation of the reason for the determination.
SEC. 10. EFFECT.
(a) Environmental Requirements.--
(1) Definition of federal environmental law.--In this
subsection, the term ``Federal environmental law'' means--
(A) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(C) any other applicable Federal environmental law
(including regulations).
(2) Effect.--Nothing in this Act alters or abridges the
application of any Federal environmental law.
(3) Environmental analyses.--Nothing in this Act authorizes
the Secretary concerned, an Indian Tribe, or a Tribal
organization to waive completion of any necessary environmental
analysis under applicable Federal environmental law.
(4) Retention of nepa responsibilities.--The Secretary
concerned shall make any decision required to be made under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) or other applicable Federal environmental law with
respect to any activity to be carried out on public land under
this Act.
(b) Applicability of the Administrative Procedure Act.--Nothing in
this Act alters or abridges the application of subchapter II of chapter
5, or chapter 7, of title 5, United States Code (commonly known as the
``Administrative Procedure Act''), to this Act.
(c) Fish and Wildlife.--Nothing in this Act--
(1) alters or abridges the application of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.); or
(2) affects--
(A) the jurisdiction or responsibilities of a State
with respect to fish or wildlife; or
(B) the jurisdiction of any Indian Tribe with
respect to fish or wildlife.
(d) Public Access.--Except as otherwise provided in this Act,
nothing in this Act affects public access to land within a Tribal
cultural area or a recommended Tribal cultural area.
(e) Water Rights.--
(1) In general.--Nothing in this Act--
(A) constitutes an express or implied reservation
by the United States of water or water rights for any
purpose; or
(B) modifies or otherwise affects any water rights
existing on the date of enactment of this Act,
including any water rights held by the United States.
(2) State water law.--The Secretary concerned shall follow
the procedural and substantive requirements of the applicable
State and Federal law to obtain and hold any water rights not
in existence on the date of enactment of this Act with respect
to any Tribal cultural area.
(f) Special Management Areas.--
(1) Definition of public land.--In this subsection, the
term ``public land'' includes--
(A) a unit of the National Park System;
(B) a unit of the National Wildlife Refuge System;
(C) a component of the National Wilderness
Preservation System;
(D) a designated wilderness study area or other
area managed for wilderness characteristics;
(E) a National Conservation Area;
(F) a National Monument;
(G) a National Volcanic Monument;
(H) a National Recreation Area;
(I) a National Scenic Area;
(J) an inventoried roadless area within the
National Forest System;
(K) a component of the National Wild and Scenic
Rivers System; and
(L) any other area identified as National
Conservation Lands.
(2) Effect.--The designation of a Tribal cultural area for
inclusion in the System shall not diminish the protections
granted to, or the management status of, any public land or any
portion of public land.
(3) Conflict of laws.--If there is a conflict between the
laws (including regulations) applicable to an area described in
paragraph (1) and this Act, the more restrictive provision
shall control.
(g) Nondisclosure.--
(1) In general.--The Secretary concerned shall not disclose
to the public information regarding the nature or location of
any sacred site if the Secretary concerned determines, in
consultation with any interested Indian Tribe, that such a
disclosure may--
(A) risk harm to the cultural resources of the
sacred site;
(B) cause a significant invasion of privacy; or
(C) impede the use of the sacred site for
traditional cultural activities by an Indian Tribe or
members of an Indian Tribe.
(2) Freedom of information act applicability.--
(A) In general.--Information described in paragraph
(1) shall be exempt from disclosure under section 552
of title 5, United States Code.
(B) Applicability.--For purposes of subparagraph
(A), this subsection shall be considered a statute
described in section 552(b)(3)(B) of title 5, United
States Code.
<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 on Forestry.
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