Sec. 315. Native American Indian 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 actions by the Department of Defense 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 actions by the Department of Defense. 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 actions by the Department. 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. 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 action by the Department, including training personnel of the Department 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. A cooperative agreement under this section for the procurement of severable services may begin in one fiscal year and end in another fiscal year only if 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 means any Indian Tribe, band, nation, or other organized group or community, including any Native village, Regional Corporation, or Village Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. 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 chapter 160 of such title is amended by inserting after the item relating to section 2711 the following new item: 2712. Native American lands environmental mitigation program. .
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Sec. 315
Native American Indian lands environmental mitigation program
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