Sec. 8. Agency recommendations
893 words·~4 min read·
/bill/117/s/4423/is/section-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 3 years after the date of enactment of this Act, the Secretary concerned, in consultation with interested Indian Tribes, shall— establish criteria for recommending Tribal cultural sites for designation as Tribal cultural areas for inclusion in the System, using the factors described in subsection (b); solicit recommendations for Tribal cultural sites on land under the jurisdiction of the Secretary concerned to be designated as Tribal cultural areas for inclusion in the System from— any interested Indian Tribe; any applicable State Historic Preservation Officer; and any applicable Tribal Historic Preservation Officer; review designations in local land management plans to identify Tribal cultural sites that meet the criteria established by the Secretary concerned under paragraph (1); consider any other relevant information, including oral histories, traditional knowledge, Native knowledge, and traditional ecological knowledge, regarding Tribal cultural sites on public land that may qualify for designation as a Tribal cultural area; consider and evaluate Tribal cultural sites, including Tribal cultural sites identified under paragraphs
(2)through (4), for designation as a Tribal cultural area for inclusion in the System; and make recommendations to Congress regarding Tribal cultural sites that the Secretary concerned determines should be designated as Tribal cultural areas for inclusion in the System. The factors that the Secretary concerned shall consider in establishing criteria for recommending a Tribal cultural site for designation as a Tribal cultural area for inclusion in the System under subsection (a)(1) shall include— the importance of the potential Tribal cultural area to an Indian Tribe or members of an Indian Tribe for traditional cultural activities, including praying, conducting ceremonies, visiting burial sites, gathering plants, and undertaking other traditional cultural activities; the past or present cultural, traditional, and historical affiliations of an Indian Tribe to the potential Tribal cultural area; the existence of rights secured by treaty, statute, Executive order, or other Federal law; and recommendations made by 1 or more Indian Tribes. As a part of any update or revision of a local land management plan, the Secretary concerned shall identify, evaluate, and make recommendations regarding any Tribal cultural sites on land covered by the local land management plan that would be suitable for designation as Tribal cultural areas for inclusion in the System. One or more interested Indian Tribes may submit to the Secretary concerned a petition to recommend the designation of a Tribal cultural area for inclusion in the System. A petition under paragraph
(1)shall contain— a description of the cultural significance and history of the proposed Tribal cultural area; a map showing specific boundaries of the proposed Tribal cultural area; and a list of interested Indian Tribes that possess cultural, religious, historic, or precontact connections to the proposed Tribal cultural area. Not later than 18 months after the date on which a petition is submitted under paragraph (1), the Secretary concerned shall approve or deny the petition. Subject to clause (ii), if the Secretary concerned does not approve or deny a petition submitted under paragraph
(1)by the deadline described in subparagraph (A), the petition shall be considered to have been denied by the Secretary concerned. The Secretary concerned and the 1 or more Indian Tribes that submitted the petition may mutually agree to extend the deadline for responding to the petition under subparagraph (A). The Secretary concerned shall approve a petition submitted under paragraph
(1)unless the Secretary concerned determines that— the proposed Tribal cultural area does not meet the criteria established under subsection (a)(1); or approving the petition— would violate Federal law; or is not in the public interest. On approval of a petition submitted under paragraph (1), the Secretary concerned shall— recommend that Congress designate the proposed Tribal cultural area for inclusion in the System; and manage the proposed Tribal cultural area in accordance with subsection (e). Not later than 60 days after the date on which the Secretary concerned, as applicable, denies a petition submitted under paragraph
(1)or fails to meet the applicable deadline described in subparagraph (B), the Secretary concerned shall provide to the 1 or more interested Indian Tribes that submitted the petition— a written response detailing the reasons why the Secretary concerned denied the petition; and an opportunity to correct any deficiencies in the petition. Until Congress determines otherwise, the Secretary concerned shall— manage each recommended Tribal cultural area— in a manner so as to preserve the Tribal cultural sites and cultural values of the area; and in accordance with— paragraphs
(4)through
(7)of section 5(d); and subsections
(g)through
(i)of section 5; and only allow such uses in the recommended Tribal cultural area as are consistent with preserving Tribal cultural sites and cultural values of the area, as determined by the Secretary concerned after consultation with interested Indian Tribes. Subject to valid existing rights, until Congress has determined otherwise, the Secretary concerned shall withdraw all public land within a recommended Tribal cultural area 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. The Secretary concerned shall consult with interested Indian Tribes with an interest in a recommended Tribal cultural area not less frequently than twice each year to discuss— the protection and management of the recommended Tribal cultural area; and proposed new uses of the recommended Tribal cultural area.