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Code · BILL · 116th Congress · S. 1386 (Introduced in Senate) — To modify the requirements applicable to locatable minerals on public domain land, and for other purposes. · Sec. 310

Sec. 310. Tribal consultation

355 words·~2 min read·/bill/116/s/1386/is/section-310

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Consistent with Executive Order 13175 ( 25 U.S.C. 5301 note; relating to consultation and coordination with Indian Tribal governments) and all other applicable Federal law, the Secretary concerned shall conduct active, meaningful, and timely consultation with all applicable Indian tribes prior to undertaking or issuing a permit for any mineral activity that may affect— Indian land; or land that is not Indian land but is— within the exterior boundaries of Indian country (as defined in section 1151 of title 18, United States Code); or land to which an Indian tribe attaches religious or cultural significance.
Except as provided in paragraph (2), each consultation required for a mineral activity under subsection
(a)shall be completed before— any Federal funds are expended for the mineral activity; and the issuance of any permit for the mineral activity. Paragraph
(1)shall not apply to nondestructive project planning for a mineral activity. The Secretary concerned shall ensure that consultation with an Indian tribe under this section— provides the Indian tribe a reasonable opportunity— to identify any concerns of the Indian tribe; to advise on the identification and evaluation of other areas that potentially would be impacted by the mineral activities, including areas of traditional religious or cultural importance; to articulate the views of the Indian tribe regarding the direct and indirect effects of the mineral activities on the areas identified and evaluated under subparagraph (B); and to participate in the resolution of any potential adverse effects of the mineral activities; includes consultation with the representatives designated or identified by the Indian tribe; recognizes that the relationship between the Federal Government and Indian tribes— is a government-to-government relationship; and is a unique legal relationship, as provided under the Constitution of the United States, treaties, laws, and court decisions; and is conducted in a manner— sensitive to the concerns and needs of the Indian tribe; and respectful of Tribal sovereignty. Nothing in this section— alters, amends, repeals, interprets, or modifies Tribal sovereignty or the treaty or other rights of any Indian tribe; or preempts, modifies, or limits the exercise of Tribal sovereignty or the treaty or other rights of any Indian tribe.
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Sec. 310
Tribal consultation
Fed. Reg.Notices
U.S.C.§ 5301
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