Sec. 3. Tribal-Federal partnerships for Federal land and resource management
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/bill/115/hr/3847/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For the purposes of any process triggered by a requirement under NEPA regarding a major Federal action on Federal land within the revised Yurok Reservation, at the Tribe’s option, the Tribe shall— act as a joint lead agency in accordance with a Memorandum of Understanding entered into between the lead Federal agency and the Tribe not later than 30 days after the date of notice of initiation of the process; or act as a participating or cooperating agency if a Memorandum of Understanding is not executed within the 30-day period (or an additional time period agreed to by the Tribe and the Federal lead agency) or is terminated.
A Memorandum of Understanding entered into under this section shall— be negotiated in good faith; comply with NEPA regulations; and include— the respective roles and responsibilities of the Tribe and the lead Federal agency in the NEPA process; mechanisms for dispute resolution; and a requirement that environmental impact statements shall discuss any inconsistency of a proposed action with any plan or environmental requirement of the Tribe (whether or not federally sanctioned), and, where such an inconsistency exists, a requirement that the environmental impact statement shall describe— the extent to which the lead Federal agency would reconcile its proposed action with the plan or environmental requirement; and what mitigation measures are being imposed to lessen adverse environmental impacts of the proposal identified by the Tribe.
For the purpose of any process triggered by a requirement under NEPA regarding a major Federal action on Federal land that may affect the revised Yurok Reservation, at the option of the Tribe, the Tribe shall act as a cooperating agency. Nothing in this section shall limit ability of the Tribe or any other federally recognized Indian Tribe to participate in any process triggered by a requirement under NEPA as a joint lead or a cooperating agency. The Secretary shall enter into a cooperative agreement with the Tribe for system unit natural resource protection for the purpose of protecting natural resources of Redwood National Park pursuant to section 101702 of title 54, United States Code.
The Secretary of Agriculture shall enter into a cooperative agreement with the Tribe that includes, at a minimum, provisions that implement section 4. The Tribe shall be considered a State or local government agency for purposes of section 101703 of title 54, United States Code, and the Secretary shall enter into a cooperative management agreement with the Tribe pursuant to that section. The 2006 Cooperative Agreement between the Department of the Interior and the Yurok Tribe for the Cooperative Management of Tribal and Federal Lands and Resources in the Klamath River Basin of California is confirmed and the Secretary is authorized to take such actions as are necessary to effectuate the agreement.
Federal agencies, as appropriate, shall negotiate, in good faith, self-governance agreements under this Act pursuant to the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq.). Program functions, services, and activities, or portions thereof, carried out by the National Park Service on Federal land within the revised Yurok Reservation shall be included in a contract or compact to the extent allowed under title I or title IV of the Indian Self-Determination and Education Assistance Act.
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Sec. 3
Tribal-Federal partnerships for Federal land and resource management
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