Sec. 2804. Improved consultation with tribal governments when proposed military construction projects potentially impact Indian tribes
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Section 2802 of title 10, United States Code, is amended by adding at the end the following new subsection: If a proposed military construction project has the potential to significantly affect tribal lands, sacred sites, or tribal treaty rights, the Secretary concerned shall initiate consultation with the tribal government of each impacted Indian tribe— to determine the nature, extent, and estimated costs of the adverse impacts; to determine whether the adverse impacts can be avoided or mitigated in the design and implementation of the project; and if the adverse impacts cannot be avoided, to develop feasible measures to mitigate the impacts and estimate the cost of the mitigation measures.
As part of the Department of Defense Form 1391 submitted to the appropriate committees of Congress for a military construction project covered by paragraph (1), the Secretary concerned shall include a description of the current status of the consultation conducted under such paragraph and specifically address each of the items specified in subparagraphs (A), (B), and
(C)of such paragraph. In this subsection: The term Indian tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term tribal government means the recognized governing body of an Indian tribe. The term sacred site has the meaning given that term in Executive Order No. 13007, as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020. .
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Sec. 2804
Improved consultation with tribal governments when proposed military construction projects potentially impact Indian tribes
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