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Code · BILL · 117th Congress · S. 4421 (Introduced in Senate) — To protect Native cultural sites located on Federal land, to improve consultation with Indian Tribes, to bring parity... · Sec. 3

Sec. 3. Increased consultation

1,310 words·~6 min read·/bill/117/s/4421/is/section-3

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

Section 201(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1711(b) ) is amended by striking State and local and inserting State, local, and Tribal . Section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ) is amended— in subsection (c)(9), by striking State and local each place it appears and inserting State, local, and Tribal ; and in subsection (f), by striking Federal, State, and local and inserting Federal, State, local, and Tribal .
Section 309 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1739 ) is amended— in subsection (a)— in the fifth sentence, by striking The establishment and inserting the following: The establishment ; in the fourth sentence, by striking Appointments and inserting the following: Appointments ; in the third sentence, by striking To the extent and inserting the following: To the extent ; in the second sentence, by striking At least one member of each council and inserting the following:
At least 1 member of each advisory council established under this section ; and in the first sentence, by inserting and Tribal before interests concerning ; by striking the section heading and 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 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 the public lands within an area for which an advisory council is established under this section, means an Indian Tribe with— historic, precontact, cultural, or religious connection to a cultural site located on the public lands; a former reservation located on the public lands; or treaty rights or other reserved rights that can be exercised on the 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), in paragraph
(3)(as so designated), by adding at the end the following: At least 1 member of each advisory council established under this section shall be a representative of an interested Indian Tribe. . Section 3 of the Multiple-Use Sustained-Yield Act of 1960 ( 16 U.S.C. 530 ) is amended by striking and others and inserting , interested Indian Tribes, and others . Section 4 of the Multiple-Use Sustained-Yield Act of 1960 ( 16 U.S.C. 531 ) is amended— by striking the section designation and all that follows through means: The in subsection
(a)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 multiple use means— the ; in paragraph (2)(A) (as so designated), by striking making the most and inserting the following: making the most ; in paragraph (2)(B) (as so designated), by striking that some land and inserting the following: that some land ; in paragraph (2)(C) (as so designated), by striking harmonious and inserting the following: harmonious ; and in subsection (b), by striking the subsection designation and all that follows through means the achievement and inserting the following: The term sustained yield of the several products and services means the achievement . Section 6(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604(a) ) is amended by striking State and local governments and inserting State, Tribal, and local governments . Section 12 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1610 ) is amended, in the first sentence, by striking Federal, State, and private organizations and inserting Federal, State, Tribal, and private organizations . Section 14(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1612(a) ) is amended by striking Federal, State, and local governments and inserting Federal, State, Tribal, and local governments . Section 14(b) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1612(b) ) is amended— by striking
(b)In providing 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 National Forest System land, means an Indian Tribe with— historic, precontact, cultural, or religious connection to a cultural site located on the National Forest System land; a former reservation located on the National Forest System land; or treaty rights or other reserved rights that can be exercised on the National Forest System land. The term sacred site means a specific, discrete, narrowly delineated site on National Forest System 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. In providing ; in paragraph
(2)(as so designated), in the second sentence, by striking The membership of such boards and inserting the following: The membership of each advisory board established under paragraph
(2); and in paragraph
(3)(as so designated), by adding at the end the following: At least 1 member of each advisory board established under paragraph
(2)shall be a representative of an interested Indian Tribe. .
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