Sec. 504. Tribal uses and interests

549 words·~2 min read·/bill/116/hr/376/ih/section-504

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Section 705 of the California Desert Protection Act is 1994 ( 16 U.S.C. 410aaa–75 ) is amended— by redesignating subsection

(b)as subsection (c); by striking subsection

(a)and inserting the following: The Secretary shall ensure access to areas designated under this Act by members of Indian Tribes for traditional cultural and religious purposes, consistent with applicable law, including Public Law 95–341 (commonly known as the American Indian Religious Freedom Act ) ( 42 U.S.C. 1996 ). In accordance with applicable law, including Public Law 95–341 (commonly known as the American Indian Religious Freedom Act ) ( 42 U.S.C. 1996 ), and subject to paragraph (2), the Secretary, on request of an Indian Tribe or Indian religious community, shall temporarily close to general public use any portion of an area designated as a national monument, special management area, wild and scenic river, area of critical environmental concern, or National Park System unit under this Act (referred to in this subsection as a designated area ) to protect the privacy of traditional cultural and religious activities in the designated area by members of the Indian tribe or Indian religious community. In closing a portion of a designated area under paragraph (1), the Secretary shall limit the closure to the smallest practicable area for the minimum period necessary for the traditional cultural and religious activities. ; and by adding at the end the following: Not later than 2 years after the date of enactment of the California Desert Protection and Recreation Act of 2019 , the Secretary shall develop and implement a Tribal cultural resources management plan to identify, protect, and conserve cultural resources of Indian tribes associated with the Xam Kwatchan Trail network extending from Avikwaame (Spirit Mountain, Nevada) to Avikwlal (Pilot Knob, California). The Secretary shall consult on the development and implementation of the Tribal cultural resources management plan under paragraph

(1)with— each of— the Chemehuevi Indian Tribe; the Hualapai Tribal Nation; the Fort Mojave Indian Tribe; the Colorado River Indian Tribes; the Quechan Indian Tribe; and the Cocopah Indian Tribe; the Advisory Council on Historic Preservation; and the State Historic Preservation Offices of Nevada, Arizona, and California. The Tribal cultural resources management plan developed under paragraph

(1)shall— be based on a completed Tribal cultural resources survey; and include procedures for identifying, protecting, and preserving petroglyphs, ancient trails, intaglios, sleeping circles, artifacts, and other resources of cultural, archaeological, or historical significance in accordance with all applicable laws and policies, including— chapter 2003 of title 54, United States Code; Public Law 95–341 (commonly known as the American Indian Religious Freedom Act ) ( 42 U.S.C. 1996 ); the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.); the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.); and Public Law 103–141 (commonly known as the Religious Freedom Restoration Act of 1993 ) ( 42 U.S.C. 2000bb et seq.). Subject to valid existing rights, all Federal land within the area administratively withdrawn and known as the Indian Pass Withdrawal Area is permanently withdrawn from— all forms of entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and right-of-way leasing and disposition under all laws relating to minerals or solar, wind, or geothermal energy. .

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