Sec. 312. Native American lands environmental mitigation program
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Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of Defense may establish and carry out a program to mitigate the environmental effects of Department of Defense actions on Indian lands and culturally connected locations. The activities that may be carried out under the program established under subsection
(a)are the following: Identification, investigation, and documentation of suspected environmental effects attributable to past Department of Defense actions. Development of mitigation options for such environmental effects, including development of cost-to-complete estimates and a system for prioritizing mitigation actions. Direct mitigation actions that the Secretary determines are necessary and appropriate to mitigate the adverse environmental effects of past Department of Defense actions. Demolition and removal of unsafe buildings and structures used by, under the jurisdiction of, or formerly used by or under the jurisdiction of the Department of Defense. Training, technical assistance, and administrative support to facilitate the meaningful participation of Indian tribes in mitigation actions under the program. Development and execution of a policy governing consultation with Indian tribes that have been or may be affected by Department of Defense actions, including training Department of Defense personnel to ensure compliance with the policy. In carrying out the program established under subsection (a), the Secretary of Defense may enter into a cooperative agreement with an Indian tribe or an instrumentality of tribal government. Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit of the United States Government. Any cooperative agreement under this section for the procurement of severable services may begin in one fiscal year and end in another fiscal year provided the total period of performance does not exceed two calendar years. In this section: The term Indian land includes— any land located within the boundaries and a part of an Indian reservation, pueblo, or rancheria; any land that has been allotted to an individual Indian but has not been conveyed to such Indian with full power of alienation; Alaska Native village and regional corporation lands; and lands and waters upon which any federally recognized Indian tribe has rights reserved by treaty, act of Congress, or action by the President. The term Indian tribe has the meaning given such term in section 2701(d)(4)(A) of this title. The term culturally connected location means a location or place that has demonstrable significance to Indians or Alaska Natives based on its association with the traditional beliefs, customs, and practices of a living community, including locations or places where religious, ceremonial, subsistence, medicinal, economic, or other lifeways practices have historically taken place. . The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2711 the following new item: 2712. Native American lands environmental mitigation program. .