Sec. 5. Tribal Cultural Areas System
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In order to preserve Tribal cultural sites on public land, there is established the Tribal Cultural Areas System. The purposes of the System are— to preserve opportunities for Indian Tribes to undertake religious, cultural, spiritual, medicinal, or traditional practices within Tribal cultural sites; to permanently protect the religious, cultural, spiritual, scenic, ecological, medicinal, and traditional values of Tribal cultural sites; and to enhance opportunities for Indian Tribes to engage in the preservation and management of Tribal cultural sites on public land.
Any Tribal cultural site located on public land is eligible to be designated by Congress as a Tribal cultural area for inclusion in the System. A Tribal cultural site may be designated as a Tribal cultural area for inclusion in the System only by an Act of Congress. In determining whether to designate a Tribal cultural site as a Tribal cultural area for inclusion in the System, Congress shall take into consideration the recommendations of the Secretary concerned under subsections (a)(6) and (d)(3)(C)(ii)(I) of section 8.
A Tribal cultural area may be removed from the System only by an Act of Congress. Subject to valid existing rights, the Secretary concerned shall manage Tribal cultural areas— to preserve Tribal cultural sites within each Tribal cultural area; in consultation with the applicable Tribal commission; and in accordance with— this Act; and any other applicable laws (including regulations). In accordance with this Act, the Secretary concerned shall only authorize new uses or existing uses within a Tribal cultural area that the Secretary determines, in consultation with the applicable Tribal commission, are consistent with— the purposes described in subsection (b); the preservation of Tribal cultural sites within the Tribal cultural area; and this Act.
If the Secretary concerned determines under subparagraph
(A)that a new use is consistent with the requirements of clauses
(i)through
(iii)of that subparagraph, before authorizing the new use, the Secretary concerned shall request agreement from the applicable Tribal commission. If the applicable Tribal commission agrees to the new use for which the Secretary concerned requests agreement under clause (i), or does not respond to the request by the date that is 60 days after the date on which the Secretary concerned makes the request under that clause, the Secretary concerned shall authorize the new use. If the applicable Tribal commission denies agreement for a new use by the date that is 30 days after the date on which the Secretary concerned makes the request under clause (i), the Secretary concerned shall— consult with the applicable Tribal commission to determine specific measures to eliminate or mitigate potential adverse impacts to the Tribal cultural area resulting from the new use; and authorize the new use, subject to the measures determined under subclause (I). Not later than 3 years after the date on which a Tribal cultural area is designated for inclusion in the System, the Secretary concerned shall develop a comprehensive plan for the management of the Tribal cultural area in accordance with paragraph (2). In developing a management plan under subparagraph (A), the Secretary concerned shall— closely collaborate with the applicable Tribal commission in accordance with subparagraph (C); consult with— Indian Tribes; appropriate State and local governmental entities; and members of the public; at the request of an interested Indian Tribe identified under section 9(a)(1), include the interested Indian Tribe as a cooperating agency in the development of the management plan; and to the maximum extent practicable, incorporate Native knowledge. In developing a management plan under subparagraph (A), the Secretary concerned shall carefully and fully consider incorporating the traditional, historical, and cultural knowledge and Native knowledge of the applicable Tribal commission, which shall be submitted to the Secretary concerned as written recommendations. If the Secretary concerned determines that a specific recommendation submitted to the Secretary concerned under clause
(i)is impracticable, infeasible, or not in the public interest, the Secretary concerned shall consult with the applicable Tribal commission to determine specific measures to modify, or otherwise address, the recommendation. If, after consultation under clause (ii), the Secretary concerned determines not to incorporate a specific recommendation submitted to the Secretary concerned under clause (i), the Secretary concerned shall provide to the Tribal commission a written explanation of the reason for the determination by the date that is 30 days after the date on which the determination is made. No new roads shall be constructed within a Tribal cultural area. No temporary roads shall be constructed within a Tribal cultural area, except as necessary— to meet the minimum requirements for the administration of the Tribal cultural area; to protect public health and safety; to respond to an emergency; and for the control of fire, insects, or diseases, subject to such terms and conditions as the Secretary concerned determines to be appropriate. Subject to appropriations, the Secretary concerned shall maintain existing roads determined by the Secretary concerned, in consultation with the applicable Tribal commission, to be necessary for authorized existing uses and the administration of the Tribal cultural area. Except as provided in subparagraph (B), the use of motorized vehicles in a Tribal cultural area shall be permitted only on roads designated by the management plan for the use of motorized vehicles. The use of motorized vehicles shall be permitted in a Tribal cultural area on roads not designated by the management plan for the use of motorized vehicles in cases in which the use is— necessary— for administrative purposes; to respond to an emergency; or for traditional cultural purposes, including the exercise of rights secured by treaty, statute, Executive order, or other Federal law; or determined necessary by the applicable Tribal commission. Nothing in this paragraph authorizes the use of motorized vehicles on public land (as defined in section 10(d)(1)) within a Tribal cultural area if the use is otherwise prohibited on the public land. Subject to subparagraph (B), the grazing of livestock in a Tribal cultural area established before the date on which the Tribal cultural area is designated for inclusion in the System shall be permitted to continue. Grazing permitted under subparagraph
(A)shall be— subject to— a determination by the Secretary concerned, in consultation with the applicable Tribal commission, that grazing may be carried out in a manner consistent with the purposes for which the Tribal cultural area is established; such reasonable regulations, policies, and practices as the Secretary concerned determines necessary; and applicable law (including regulations); and carried out in a manner consistent with the purposes described in subsection (b). On a determination by the Secretary concerned that grazing within a Tribal cultural area is inconsistent with the purposes for which the Tribal cultural area is established, the Secretary concerned shall modify or terminate the grazing permit or lease, as determined appropriate by the Secretary concerned. The Secretary concerned shall accept the donation of any valid existing permits or leases authorizing grazing on public land, all or a portion of which is within a Tribal cultural area. The Secretary concerned shall terminate any grazing permit or lease acquired under subclause (I). Except as provided in clauses
(ii)and (iii), with respect to each grazing permit and lease donated under subclause (I), the Secretary concerned— shall not issue any new grazing permit or lease within the grazing allotment covered by the grazing permit or lease; and shall ensure a permanent end to livestock grazing on the grazing allotment covered by the grazing permit or lease. If a person holding a valid grazing permit or lease donates less than the full amount of grazing use authorized under the permit or lease, the Secretary concerned shall— reduce the authorized grazing level to reflect the donation; and modify the permit or lease to reflect the revised level of use. To ensure that there is a permanent reduction in the authorized level of grazing on the land covered by a permit or lease donated under subclause (I), the Secretary concerned shall not allow grazing use to exceed the authorized level established under that subclause. If a grazing allotment covered by a grazing permit or lease or portion of a grazing permit or lease that is donated under clause
(i)or
(ii)also is covered by another grazing permit or lease that is not donated, the Secretary concerned shall reduce the grazing level on the grazing allotment to reflect the donation. To ensure that there is a permanent reduction in the level of livestock grazing on the land covered by a grazing permit or lease or portion of a grazing permit or lease donated under clause
(i)or (ii), the Secretary concerned shall not allow grazing to exceed the level established under subclause (I). Subject to subparagraph (B), vegetation management within a Tribal cultural area may be permitted— if necessary to protect, maintain, or enhance a Tribal cultural area (including the enhancement of traditional food or material gathering); and for restoration purposes. Vegetation management permitted under subparagraph
(A)shall be— subject to— such reasonable regulations, policies, and practices as the Secretary concerned determines necessary; and applicable law (including regulations); and in a manner consistent with the purposes described in subsection (b). The designation of a Tribal cultural area shall be subject to valid existing rights. Subject to valid existing rights, all public land within a Tribal cultural area, and all land and interests in land acquired by the United States within a Tribal cultural area, shall be withdrawn from— all forms of entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and operation of the mineral leasing, mineral materials, and geothermal leasing laws. Nothing in this Act diminishes any Tribal rights regarding access to public land for Tribal activities, including spiritual, cultural, medicinal, and traditional food gathering activities. In accordance with applicable law, and subject to section 10(d)(3), the Secretary concerned shall ensure access to a Tribal cultural area by members of an interested Indian Tribe for traditional cultural and religious purposes. In carrying out subparagraph (A), the Secretary concerned, in consultation with the applicable Tribal commission, on request of an Indian Tribe or applicable Tribal commission, may temporarily close to the general public the use of 1 or more specific portions of a Tribal cultural area to protect the privacy of cultural, religious, and food and medicinal and materials gathering activities by members of the Indian Tribe. Any closure under clause
(i)shall be made so as to affect the smallest practicable area for the minimum period of time necessary. Access by members of an Indian Tribe to a portion of a Tribal cultural area closed under clause
(i)shall be consistent with the purpose and intent of Public Law 95–341 (commonly known as the American Indian Religious Freedom Act ) ( 42 U.S.C. 1996 et seq. ) and other applicable law. Nothing in this Act alters, modifies, enlarges, diminishes, or abrogates rights secured by treaty, statute, Executive order, or other Federal law of any Indian Tribe, including off-reservation reserved rights. Nothing in this Act affects any Indian land. The Secretary concerned, in coordination with the applicable Tribal commission, shall ensure adequate law enforcement presence with respect to law enforcement matters under the jurisdiction of the Secretary concerned to maintain the integrity of a Tribal cultural area. Nothing in this Act limits or otherwise affects the civil or criminal regulatory jurisdiction, including law enforcement, for issues under the jurisdiction of an Indian Tribe.
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- Pub. L. 95-341
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