Sec. 2. Definitions
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In this Act: The term existing use , with respect to a Tribal cultural area, means a use that is occurring within the Tribal cultural area on the date on which the Tribal cultural area is designated for inclusion in the System. The term former reservation means land that is within the exterior boundaries of the last reservation that was established by treaty, Executive order, or Secretarial order for an Indian Tribe. The term historic property means a historic or precontact site, building, structure, or object that has religious, medicinal, or cultural significance to an interested Indian Tribe.
The term Indian land means land of an Indian Tribe or an individual Indian that is— held in trust by the United States; or subject to a restriction against alienation imposed by the United States. 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 land, means an Indian Tribe with— historic, precontact, cultural, or religious connections to a Tribal 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 management plan means the management plan developed for a Tribal cultural area under section 5(d)(3)(A). The term National Forest System has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ).
The term Native knowledge has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). The term new use , with respect to a Tribal cultural area, means— a use that involves surface disturbance and is not occurring in the Tribal cultural area on the date on which the Tribal cultural area is designated for inclusion in the System; and a use that is occurring in the Tribal cultural area on the date on which the Tribal cultural area is designated for inclusion in the System, but that is being modified so as— to create a surface disturbance; to significantly expand or alter impacts of the use on the land, water, air, cultural resources, or wildlife of the Tribal cultural area; or to be inconsistent with the purposes for which the Tribal cultural area is— designated under section 5; or recommended under section 8.
The term new use , with respect to a Tribal cultural area, does not include a use that— is categorically excluded from the requirements of title I of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ); is carried out to comply with the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); is necessary to maintain a road, trail, structure, or facility within the Tribal cultural area that is— in existence on the date on which the Tribal cultural area is designated for inclusion in the System; and identified in the management planning documents of the applicable land management agency as a road, trail, structure, or facility intended for continued use; or the Secretary concerned determines to be necessary for the control of fire, insects, or diseases, subject to such terms and conditions as the Secretary concerned determines appropriate.
The term public land means— land under the jurisdiction of the Secretary (other than Indian land); and National Forest System land. The term restoration has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). 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 use of the site by, an Indian Tribe.
The term Secretary means the Secretary of the Interior. The term Secretary concerned means— the Secretary, with respect to public land described in paragraph (11)(A); and the Secretary of Agriculture, with respect to public land described in paragraph (11)(B). The term surface disturbance means any new disruption of soil or vegetation that would require restoration to return the soil or vegetation to natural appearance or ecological function. The term System means the Tribal Cultural Areas System established by section 5(a).
The term Tribal commission means the Tribal commission established for a Tribal cultural area under section 6(a). The term Tribal cultural area means a Tribal cultural site that has been designated for inclusion in the System. The term Tribal cultural site means— a historic property; and a landform, landscape, or location that— is or may be important to the customs, practices, objects, places, religions, or ceremonies of an Indian Tribe; is or may be important to an Indian Tribe for the undertaking of religious, cultural, spiritual, traditional subsistence, or other traditional practices; contains unique or important traditional Tribal food, medicinal, or material gathering areas; or is connected through features, ceremonies, objects, histories, or cultural practices to other sites or to a larger sacred landscape, as determined by an Indian Tribe.
The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ).
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