Sec. 2987. TRIBAL ACCESS AGREEMENT AND CULTURAL RESOURCES SURVEY
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## SEC. 2987 TRIBAL ACCESS AGREEMENT AND CULTURAL RESOURCES SURVEY ###
(a)Tribal Access Agreement ####
(1)In general Not later than 120 days after the date of enactment of this subtitle, the Secretary of the Navy and the Secretary of the Interior shall enter into an agreement with each affected Indian tribe for the purpose of establishing continued, regular, and timely access to the land withdrawn and reserved by section 2981, including all land subject to previous withdrawals under section 3011(a) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 885), for cultural, religious, gathering and ceremonial uses by affected Indian tribes. ####
(2)Access The Secretary of the Navy shall— #####
(A)provide access in accordance with the agreement entered into under paragraph (1); and #####
(B)to the extent practicable and consistent with operational, safety, and security needs, seek to minimize notice from the affected Indian tribe and chaperoning requirements for Tribal access. ####
(3)Resolution of conflicts If an affected Indian tribe provides written comments to the Secretary of the Navy or the Secretary of the Interior proposing changes or additions to the agreement entered into under paragraph
(1)and the proposals are not incorporated in the final agreement, the Secretary concerned shall— #####
(A)respond in writing to the affected Indian tribe explaining a clear, identifiable rationale why the proposed change was not incorporated; and #####
(B)share the written responses under subparagraph
(A)with the Committee on Armed Services of the House of Representatives, the Committee on Natural Resources of the House of Representatives, the Committee on Armed Services of the Senate, and the Committee on Indian Affairs of the Senate. ###
(b)Ethnographic Study The Secretary of the Navy, in consultation with the State of Nevada and appropriate Tribal governments, shall conduct an ethnographic study of the expanded Fallon Range Training Complex to assess the importance of that area to Indian tribes and the religious and cultural practices of those Indian tribes. ###
(c)Cultural Resources Survey ####
(1)Survey The Secretary of the Navy, after consultation with affected Indian tribes and review of data, studies, and reports in the possession of such Indian tribes, shall conduct a cultural resources survey of the land withdrawn and reserved by section 2981 for each of the expanded areas of the B–16, B–17, and B–20 Ranges that were not subject to previous surveys in support of the Record of Decision for the Fallon Range Training Complex Modernization Final Environmental Impact Statement dated March 12, 2020, and previous withdrawals comprising the Fallon Range Training Complex that includes pedestrian field surveys and the inventory and identification of specific sites containing cultural, religious, and archaeological resources of importance to affected Indian tribes. ####
(2)Results Not later than 2 years after the date of enactment of this subtitle, the Secretary of the Navy shall provide the results of the survey conducted under paragraph
(1)to affected Indian tribes for review and comment prior to concluding survey activities. ####
(3)Inclusion in agreement The agreement under subsection
(a)shall include access to the specific sites identified by the survey conducted under paragraph
(1)by affected Indian tribes, including proper disposition or protection of, and any requested access to, any identified burial sites, in accordance with the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.). ####
(4)Limitation on use of land prior to completion of survey The Secretary of the Navy shall not make operational use of the expanded areas of the B–16, B–17, and B–20 Ranges that were not subject to previous withdrawals comprising the Fallon Range Training Complex until the date of completion of the survey required by paragraph (1). ###
(d)Participation of Affected Indian Tribes In conducting an ethnographic study or cultural resources survey under subsection
(b)or (c), the Secretary of the Navy shall coordinate with, and provide for the participation of, each applicable affected Indian tribe. ###
(e)Agreement to Mitigate Adverse Effects The Secretary of the Navy, the Secretary of the Interior, and affected Indian tribes shall enter into an agreement consistent with section 306108 of title 54, United States Code, that identifies actions to avoid, minimize, or mitigate adverse effects to sites identified in subsection (c), including adverse effects from noise. Using the results of surveys conducted under subsection (c), the Navy shall, in coordination with affected Indian tribes and to the extent practicable, avoid placing targets or other range infrastructure in culturally sensitive areas. The Navy shall avoid placement of targets in known sensitive habitat, cultural, or historic areas within the Monte Cristo Mountains. ###
(f)Report Not later than 1 year after the date on which each of the agreements required under this section have been entered into and the survey and study required under this section have been completed, the Secretary of the Navy and the Secretary of the Interior shall jointly submit to Congress a report describing— ####
(1)the access protocols established by the agreement under subsection (a); ####
(2)the results of the ethnographic study conducted under subsection (b); ####
(3)the results of the cultural resources survey under subsection (c); and ####
(4)actions to be taken to avoid, minimize, or mitigate adverse effects to sites on the land withdrawn and reserved by section 2981. ###
(g)Public Availability Information concerning the nature and specific location of a cultural resource shall be exempt from disclosure under section 552 of title 5 and any other law unless the Secretary of the Navy, in consultation with affected Indian tribes, determines that disclosure would— ####
(1)further the purposes of this section; ####
(2)not create risk of harm to or theft or destruction of the cultural resource or the site containing the cultural resource; and ####
(3)be in accordance with other applicable laws.
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- Pub. L. 106-65
- 113 Stat. 885
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Sec. 2987
TRIBAL ACCESS AGREEMENT AND CULTURAL RESOURCES SURVEY
Pub. L.Pub. L. 106-65
Stat.113 Stat. 885
Cites 3Cited by 0 across 0 sources