Sec. 2. Preventing disposal of cultural sites

3,137 words·~14 min read·/bill/117/hr/8108/ih/section-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this subsection: The term cultural site means— a sacred site; a historic property (as defined in section 800.16 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act)); or a landform or landscape that— is the site of important customs, practices, objects, places, religions, or ceremonies of Indian Tribes; is important to an Indian Tribe for the undertaking of religious, cultural, spiritual, or traditional practices; is connected through features or ceremonies to other sites or a larger sacred landscape, as determined by an Indian Tribe; or contains unique or important traditional Tribal food, medicinal, or material gathering areas.

The term former reservation means land that is within the exterior boundaries of any previous reservation that was established by treaty, Executive order, or Secretarial order for an Indian Tribe. The term Indian Tribe means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) on the list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ).

The term interested Indian Tribe , with respect to a tract of public land subject to proposed disposition by the Secretary concerned under, as applicable, section 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1713 ), section 503(a) of the Forest Service Facility Realignment and Enhancement Act of 2005 ( 16 U.S.C. 580d note; Public Law 109–54 ), or section 2(a)(1) of Public Law 97–465 (commonly known as the Small Tract Act of 1983 ) ( 16 U.S.C. 521d(a)(1) ), means an Indian Tribe with— historic, precontact, cultural, or religious connection to a cultural site located on the tract of public land; a former reservation located on the tract of public land; or treaty rights or other reserved rights associated with the tract of public land.

The term public land means— public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )); and National Forest System land. The term sacred site means a specific, discrete, narrowly delineated site on public land that is identified by an Indian Tribe as sacred by virtue of the established religious significance of the site to, or ceremonial or medicinal use of the site by, an Indian Tribe. The term Secretary concerned means— with respect to public land described in subparagraph (E)(i), the Secretary of the Interior; and with respect to public land described in subparagraph (E)(ii), the Secretary of Agriculture.

The Secretary concerned may not dispose of a tract of public land under, as applicable, section 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1713 ), section 503(a) of the Forest Service Facility Realignment and Enhancement Act of 2005 ( 16 U.S.C. 580d note; Public Law 109–54 ), or section 2(a)(1) of Public Law 97–465 (commonly known as the Small Tract Act of 1983 ) ( 16 U.S.C. 521d(a)(1) ) unless the Secretary concerned determines, through consultation with any interested Indian Tribes, as evidenced by a written correspondence signed by the Secretary concerned and all interested Indian Tribes, that disposal of the tract— would not impact the rights and interests of any interested Indian Tribe; and would not impair access to a reservation.

If the Secretary concerned determines under paragraph

(2)that disposal of a tract of public land under that paragraph would not impact the rights and interests of an interested Indian Tribe and would not impair access to a reservation, prior to conducting a sale of the tract of public land, the Secretary concerned shall notify all Indian Tribes of the availability of the tract for sale— in accordance with— Executive Order 13175 ( 25 U.S.C. 5301 note; relating to consultation and coordination with Indian tribal governments); chapter 1780 of the Bureau of Land Management Manual (or successor regulations), with respect to public land described in paragraph (1)(E)(i); and chapter 1563 of the Forest Service Manual (or successor regulations), with respect to public land described in paragraph (1)(E)(ii); and in a manner that— the Secretary concerned determines provides adequate notice to each Indian Tribe of the availability of the tract for sale; and uses any methods or modes of communication by which an Indian Tribe has requested to be notified of the availability of the tract for sale. If an interested Indian Tribe notified of the proposed sale of a tract of public land under paragraph

(3)submits to the Secretary concerned a bid to buy the tract for fair market value by not later than 60 days after receiving the notification, the Secretary concerned shall sell the tract to the interested Indian Tribe. If more than 1 interested Indian Tribe submits a bid to purchase a tract of public land under subparagraph (A), the Secretary concerned shall defer the sale of the tract for a period of not more than 180 days, unless an extension is agreed to by the interested Indian Tribes that submitted bids and the Secretary concerned, to allow the Secretary concerned and interested Indian Tribes to develop a mutually agreeable sale of the tract to 1 or more interested Indian Tribes. If the Secretary concerned and the interested Indian Tribes reach an agreement under clause (i), the Secretary shall execute the terms of that agreement in accordance with applicable law (including regulations). If, at the end of, as applicable, the 180-day period described in clause

(i)or any extended period agreed to under that clause, the Secretary concerned and the interested Indian Tribes fail to reach an agreement regarding the sale of the applicable tract of public land, the Secretary concerned shall not, for a period of 5 years following the end of that 180-day period, offer the tract for sale. A tract of public land acquired by an interested Indian Tribe under this paragraph shall be taken into and held in trust by the Secretary of the Interior for the benefit of the interested Indian Tribe. The fair market value of a tract of public land to be sold under this subsection shall be determined pursuant to an appraisal conducted in accordance with— the Uniform Appraisal Standards for Federal Land Acquisitions; and the Uniform Standards of Professional Appraisal Practice. Section 206(a) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(a) ) is amended— by inserting , the interests of Indian Tribes, after better Federal land management ; and by striking

(a)A tract and inserting the following: In this subsection, the term Indian Tribe means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) on the list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). A tract . Section 210 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1720 ) is amended— in the first sentence— by striking are located and the head and inserting are located, the head ; and by inserting and interested Indian Tribes after area within which such lands are located, ; and by striking the section heading and designation and all that follows through At least sixty in the first sentence and inserting the following: In this section: The term cultural site means— a sacred site; a historic property (as defined in section 800.16 of title 36, Code of Federal Regulations (as in effect on the date of enactment of the Advancing Tribal Parity on Public Land Act )); or a landform or landscape that— is the site of important customs, practices, objects, places, religions, or ceremonies of Indian Tribes; is important to an Indian Tribe for the undertaking of religious, cultural, spiritual, or traditional practices; is connected through features or ceremonies to other sites or a larger sacred landscape, as determined by an Indian Tribe; or contains unique or important traditional Tribal food, medicinal, or material gathering areas. The term former reservation means land that is within the exterior boundaries of any previous reservation that was established by treaty, Executive order, or Secretarial order for an Indian Tribe. The term Indian Tribe means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) on the list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). The term interested Indian Tribe , with respect to a tract of public lands the offer for sale or conveyance of which is subject to notification under subsection (b), means an Indian Tribe with— historic, precontact, cultural, or religious connection to a cultural site located on the tract of public lands; a former reservation located on the tract of public lands; or treaty rights or other reserved rights that can be exercised on the tract of public lands. The term sacred site means a specific, discrete, narrowly delineated site on public lands that is identified by an Indian Tribe as sacred by virtue of the established religious significance of the site to, or ceremonial or medicinal use of the site by, an Indian Tribe. At least 60 . The table of contents for the Federal Land Policy and Management Act of 1976 ( Public Law 94–579 ; 90 Stat. 2743) is amended by striking the item relating to section 210 and inserting the following: Sec. 210. Coordination with State, local, and Tribal governments. . Section 203 of the Federal Land Transaction Facilitation Act ( 43 U.S.C. 2302 ) is amended— in paragraph (1)— by inserting , including sacred sites and land that affect the exercise of treaty or other reserved rights, after value ; and by striking Federal, State, or local and inserting Federal, State, Tribal, or local ; by redesignating paragraphs (1), (2), (3), (4), (5), and

(6)as paragraphs (2), (3), (5), (7), (9), and (11), respectively; by inserting before paragraph

(2)(as so redesignated) the following: The term cultural site means— a sacred site; a historic property (as defined in section 800.16 of title 36, Code of Federal Regulations (as in effect on the date of enactment of the Advancing Tribal Parity on Public Land Act )); or a landform or landscape that— is the site of important customs, practices, objects, places, religions, or ceremonies of Indian Tribes; is important to an Indian Tribe for the undertaking of religious, cultural, spiritual, or traditional practices; is connected through features or ceremonies to other sites or a larger sacred landscape, as determined by an Indian Tribe; or contains unique or important traditional Tribal food, medicinal, or material gathering areas. ; by inserting after paragraph

(3)(as so redesignated) the following: The term former reservation means land that is within the exterior boundaries of any previous reservation that was established by treaty, Executive order, or Secretarial order for an Indian Tribe. ; by inserting after paragraph

(5)(as so redesignated) the following: The term Indian Tribe means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) on the list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). ; by inserting after paragraph

(7)(as so redesignated) the following: The term interested Indian Tribe , with respect to an inholding identified under section 204(a)(1), means an Indian Tribe with— historic, precontact, cultural, or religious connection to a cultural site located on the inholding; a former reservation located on the inholding; or treaty rights or other reserved rights that can be exercised on the inholding. ; and by inserting after paragraph

(9)(as so redesignated) the following: The term sacred site means a specific, discrete, narrowly delineated site that is identified by an Indian Tribe as sacred by virtue of the established religious significance of the site to, or ceremonial or medicinal use of the site by, an Indian Tribe. . Section 204(b) of the Federal Land Transaction Facilitation Act ( 43 U.S.C. 2303(b) ) is amended, in the first sentence, by inserting , including notice to all interested Indian Tribes, after public notice . Section 206(c)(3) of the Federal Land Transaction Facilitation Act ( 43 U.S.C. 2305(c)(3) ) is amended— by redesignating subparagraphs

(C)and

(D)as subparagraphs

(D)and (E), respectively; and by inserting after subparagraph

(B)the following: the extent to which the acquisition of the land or interest therein will uphold the United States treaty and trust obligations to Indian Tribes and the preservation of Native American culture and religion; . The first section of the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ) (44 Stat. 741, chapter 578; 68 Stat. 174, chapter 263; 43 U.S.C. 869 ), is amended— by striking the section designation and all that follows through

(a)The Secretary and inserting the following: In this subsection: The term cultural site means— a sacred site; a historic property (as defined in section 800.16 of title 36, Code of Federal Regulations (as in effect on the date of enactment of the Advancing Tribal Parity on Public Land Act )); or a landform or landscape that— is the site of important customs, practices, objects, places, religions, or ceremonies of Indian Tribes; is important to an Indian Tribe for the undertaking of religious, cultural, spiritual, or traditional practices; is connected through features or ceremonies to other sites or a larger sacred landscape, as determined by an Indian Tribe; or contains unique or important traditional Tribal food, medicinal, or material gathering areas. The term former reservation means land that is within the exterior boundaries of any previous reservation that was established by treaty, Executive order, or Secretarial order for an Indian Tribe. The term Indian Tribe means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) on the list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). The term interested Indian Tribe , with respect to a tract of public lands subject to proposed disposition by the Secretary of the Interior under paragraph (2), means an Indian Tribe with— historic, precontact, cultural, or religious connection to a cultural site located on the tract of public lands; a former reservation located on the tract of public lands; or treaty rights or other reserved rights that can be exercised on the tract of public lands. The term sacred site means a specific, discrete, narrowly delineated site on public lands that is identified by an Indian Tribe as sacred by virtue of the established religious significance of the site to, or ceremonial or medicinal use of the site by, an Indian Tribe. The Secretary ; and in subsection (a)(2) (as so designated)— in the first sentence, by striking State, Territory and inserting State, Indian Tribe, Territory ; and in the second sentence, by inserting that disposal of the land will not impact the rights and interests of an interested Indian Tribe, after established or definitely proposed project, . Section 2 of the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ) (44 Stat. 741, chapter 578; 68 Stat. 174, chapter 263; 43 U.S.C. 869–1 ), is amended— in subsection

(a)by striking State, Territory and inserting State, Indian Tribe, Territory ; and in subsection

(b)by striking State, Territory, county and inserting State, Indian Tribe, Territory, county . The first section of Public Law 97–465 (commonly known as the Small Tract Act of 1983 ) ( 16 U.S.C. 521c ) is amended— in the matter preceding paragraph (1), by striking That for purposes of this Act and all that follows through means a land transfer in paragraph

(2)and inserting the following: In this Act: The term Indian Tribe means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) on the list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). The term interchange means a land transfer ; and in paragraph (2), by striking may prescribe; and and all that follows through the end of paragraph

(3)and inserting the following: “may prescribe. The term person includes any State or Indian Tribe or any political subdivision or entity of a State or Indian Tribe. The term Secretary means the Secretary of Agriculture. . Section 202(a) of the Education Land Grant Act ( 16 U.S.C. 479a(a) ) is amended— in the matter preceding paragraph (1), by inserting or an entity that operates or controls a school funded by the Bureau of Indian Education after public school district ; and in paragraph (1), by inserting or the entity that operates or controls a school funded by the Bureau of Indian Education after public school district . The first section of the Act of March 2, 1895, is amended by striking the following: That any State or Territory entitled to indemnity school lands or entitled to select lands for educational purposes under existing law may select such lands within the boundaries of any Indian reservation in such State or Territory from the surplus lands thereof, purchased by the United States after allotments have been made to the Indians of such reservation, and prior to the opening of such reservation to settlement. (28 Stat. 899, chapter 188; 43 U.S.C. 856 ). The Act of March 2, 1901 (31 Stat. 950, chapter 808; 43 U.S.C. 868 ) is repealed. Public Law 85–569 ( 16 U.S.C. 478a ) is amended— in the first sentence, by striking would serve indigenous community objectives that outweigh the public objectives and values which would be served by maintaining such tract in Federal ownership, he may and inserting is in the public interest, the Secretary may ; and in the second sentence— by striking county, city, or other local governmental subdivision and inserting Indian tribe (as defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( ; 25 U.S.C. 5130 )) or county, city, or local governmental subdivision by striking for sale to a governmental subdivision and inserting for sale to an Indian tribe or governmental subdivision ; and by striking will be controlled by the governmental subdivision and inserting will be controlled by the Indian tribe or governmental subdivision .

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