Sec. 10. Effect
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/bill/117/hr/8109/ih/section-10·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this subsection, the term Federal environmental law means— the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and any other applicable Federal environmental law (including regulations). Nothing in this Act alters or abridges the application of any Federal environmental law. Nothing in this Act authorizes the Secretary concerned, an Indian Tribe, or a Tribal organization to waive completion of any necessary environmental analysis under applicable Federal environmental law.
The Secretary concerned shall make any decision required to be made under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) or other applicable Federal environmental law with respect to any activity to be carried out on public land under this Act. Nothing in this Act alters or abridges the application of subchapter II of chapter 5, or chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ), to this Act. Nothing in this Act— alters or abridges the application of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); or affects— the jurisdiction or responsibilities of a State with respect to fish or wildlife; or the jurisdiction of any Indian Tribe with respect to fish or wildlife.
Except as otherwise provided in this Act, nothing in this Act affects public access to land within a Tribal cultural area or a recommended Tribal cultural area. Nothing in this Act— constitutes an express or implied reservation by the United States of water or water rights for any purpose; or modifies or otherwise affects any water rights existing on the date of enactment of this Act, including any water rights held by the United States. The Secretary concerned shall follow the procedural and substantive requirements of the applicable State and Federal law to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to any Tribal cultural area.
In this subsection, the term public land includes— a unit of the National Park System; a unit of the National Wildlife Refuge System; a component of the National Wilderness Preservation System; a designated wilderness study area or other area managed for wilderness characteristics; a National Conservation Area; a National Monument; a National Volcanic Monument; a National Recreation Area; a National Scenic Area; an inventoried roadless area within the National Forest System; a component of the National Wild and Scenic Rivers System; and any other area identified as National Conservation Lands.
The designation of a Tribal cultural area for inclusion in the System shall not diminish the protections granted to, or the management status of, any public land or any portion of public land. If there is a conflict between the laws (including regulations) applicable to an area described in paragraph
(1)and this Act, the more restrictive provision shall control. The Secretary concerned shall not disclose to the public information regarding the nature or location of any sacred site if the Secretary concerned determines, in consultation with any interested Indian Tribe, that such a disclosure may— risk harm to the cultural resources of the sacred site; cause a significant invasion of privacy; or impede the use of the sacred site for traditional cultural activities by an Indian Tribe or members of an Indian Tribe. Information described in paragraph
(1)shall be exempt from disclosure under section 552 of title 5, United States Code. For purposes of subparagraph (A), this subsection shall be considered a statute described in section 552(b)(3)(B) of title 5, United States Code.
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