I 

108TH CONGRESS 

1ST SESSION H. R. 2419

To protect sacred Native American Federal land from significant damage. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2003

Mr. RAHALL (for himself, Mr. LARSEN of Washington, Mr. KILDEE, Mr. 

PALLONE, Mr. GEORGE MILLER of California, Mr. FILNER, Ms. LEE, 

Mr. FROST, Mr. ACEVEDO-VILA ́, Mr. MCNULTY, Mr. HOLT, Ms. MCCOLLUM, Mr. UDALL of New Mexico, Mr. HONDA, Mr. CARSON of Oklahoma, 

Mr. CASE, and Mr. GRIJALVA) introduced the following bill; which was 

referred to the Committee on Resources 

A BILL

To protect sacred Native American Federal land from 

significant damage.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; DEFINITIONS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Native American Sacred Lands Act’’. 

6 (b) DEFINITIONS.—For the purposes of this Act, the 

7 following definitions shall apply: 

8 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

9 means any land or interests in land owned by the 
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1 United States, including leasehold interests held by 

2 the United States, except Indian trust lands. 

3 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

4 has the meaning given such term by section 4(e) of 

5 the Indian Self-Determination and Education Assist6 ance Act. 

7 (3) NATIVE HAWAIIAN ORGANIZATION.—The 

8 term ‘‘Native Hawaiian organization’’ has the mean9 ing given that term in section 301(18) of the Na10 tional Historic Preservation Act (16 U.S.C. 

11 470w(18)). 

12 (4) NATIVE SCIENCE.—The term ‘‘Native 

13 science’’—

14 (A) means the oral knowledge of Native 

15 Americans gained throughout history by obser16 vation and experience; 

17 (B) embodies traditional tribal lifestyles 

18 and values; 

19 (C) is based on the fundamental belief of 

20 the sanctity of all life; 

21 (D) is guided by principles that include 

22 interdependency, reciprocity, and the signifi23 cance of place; 
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1 (E) is a living, spiritual knowledge of the 

2 relationships between the land, natural re3 sources, and the environment; and 

4 (F) is transferred from one generation to 

5 the next often through oral tradition and prac6 tice. 

7 (5) SACRED LAND.—The term ‘‘sacred land’’ 

8 means any geophysical or geographical area or fea9 ture which is sacred by virtue of its traditional cul10 tural or religious significance or ceremonial use, or 

11 by virtue of a ceremonial or cultural requirement, in12 cluding a religious requirement that a natural sub13 stance or product for use in Indian tribal or Native 

14 Hawaiian organization ceremonies be gathered from 

15 that particular location. 

16 (6) UNDERTAKING.—The term ‘‘undertaking’’ 

17 has the same meaning given that term in section 

18 301(7) of the National Historic Preservation Act 

19 (16 U.S.C. 470w(7)). 

20 (7) SIGNIFICANT DAMAGE.—The term ‘‘signifi21 cant damage’’ means any action or activity which re22 sults in the loss of the sacred meaning and value of 

23 the site to the affected Indian tribe or Native Ha24 waiian organization. 
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1 SEC. 2. PROTECTION OF SACRED LANDS. 

2 Each department or agency of the United States with 

3 administrative jurisdiction over the management of Fed4 eral land shall—

5 (1) accommodate meaningful access to and cer6 emonial use of Indian sacred lands by Indian reli7 gious practitioners; 

8 (2) avoid significant damage to Indian sacred 

9 lands; and 

10 (3) consult with Indian tribes and Native Ha11 waiian organizations prior to taking significant ac12 tions or developing policies affecting Native Amer13 ican sacred lands. 

14 SEC. 3. DESIGNATING INDIAN SACRED LANDS UNSUITABLE 

15 FOR DEVELOPMENT. 

16 (a) IN GENERAL.—Federal land shall be designated 

17 unsuitable for any or certain types of undertakings if the 

18 head of the department or agency with administrative ju19 risdiction over that Federal land decides, in accordance 

20 with this section, that by a preponderance of the evidence 

21 the undertaking is likely to cause significant damage to 

22 Indian sacred lands. 

23 (b) PETITION.—

24 (1) IN GENERAL.—Any Indian tribe or Native 

25 Hawaiian organization shall have the right to peti26 tion any department or agency of the United States 
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1 with administrative jurisdiction over Federal land to 

2 have Federal land under the jurisdiction of that de3 partment or agency designated as unsuitable for any 

4 or certain types of undertaking. 

5 (2) SUPPORTING EVIDENCE.—Such a petition 

6 shall contain allegations of facts with supporting evi7 dence which would tend to establish the allegations. 

8 Oral history and Native science shall be given no 

9 less weight than any other evidence. After an Indian 

10 tribe or Native Hawaiian organization has filed a pe11 tition under this section, and before the hearing as 

12 required by this subsection, any person may file alle13 gations of facts, with supporting evidence, that are 

14 relevant to the petition. 

15 (c) HEARING.—

16 (1) IN GENERAL.—Not later than 90 days after 

17 the receipt of such petition, the department or agen18 cy with administrative jurisdiction over that Federal 

19 land involved shall hold a public hearing on the sub20 ject of the petition in the locality of that Federal 

21 land after public notice, including publication of the 

22 date, time, and location of the hearing. 

23 (2) WRITTEN DECISION.—Not later than 60 

24 days after a hearing held pursuant to this sub25 section, the head of the department or agency with 
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1 administrative jurisdiction over that Federal land 

2 shall issue and furnish to the petitioner and any 

3 other parties to the hearing a written decision re4 garding the petition and the reasons for the decision. 

5 (d) APPEAL.—Not later than 60 days after a written 

6 decision is issued pursuant to subsection (c)(2), any peti7 tioner or person filing under section 3(b)(2) may appeal 

8 the decision to the appropriate Federal agency appeals 

9 board or through a civil action in accordance with sub10 section (e). A decision regarding a petition shall not be 

11 considered final for the purposes of this section until—

12 (1) the deadline for filing an appeal to the deci13 sion has past and no appeal has been filed; or 

14 (2) if an appeal was timely filed, the appeal has 

15 been heard and decided. 

16 (e) CIVIL ACTIONS; JURISDICTION; RELIEF.—

17 (1) IN GENERAL.—The United States district 

18 courts shall have original jurisdiction over any civil 

19 action or claim against the Secretary of the Interior 

20 or the head of another Federal agency, as appro21 priate, arising under this section. In an action 

22 brought under this paragraph, the district courts 

23 may order appropriate relief, including money dam24 ages, injunctive relief against any action by an offi25 cer of the United States or any agency thereof con-
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1 trary to this Act, or regulations promulgated there2 under, or mandamus to compel an officer or em3 ployee of the United States, or any agency thereof, 

4 to perform a duty provided under this Act or regula5 tions promulgated hereunder. 

6 (2) APPLICATION OF EQUAL ACCESS TO JUS7 TICE ACT.—The Equal Access to Justice Act (Public 

8 Law 96–481; Act of October 1, 1980; 92 Stat. 2325; 

9 5 U.S.C. 594; 28 U.S.C. 2412) shall apply to ac10 tions brought under this Act. 

11 (f) EFFECT OF DECISION OF UNSUITABILITY.—

12 (1) IN GENERAL.—A final decision that Federal 

13 land identified by a petition considered pursuant to 

14 subsection (b) is unsuitable for any or certain types 

15 of undertakings shall be immediately effective and 

16 the undertaking shall be prohibited. 

17 (2) WITHDRAWAL OF LANDS.—Subject to valid 

18 and existing rights, the Secretary of the Interior 

19 shall (with the consent of the department or agency 

20 other than the Department of the Interior in the 

21 case of Federal land not under the administration of 

22 the Secretary of the Interior) withdraw Federal land 

23 included in a decision of unsuitability under this sec24 tion pursuant to section 204 of the Federal Land 

25 Policy and Management Act of 1976 (43 U.S.C. 
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1 1714). The Secretary’s decision under this section 

2 shall constitute the documentation required to be 

3 provided under section 204(c)(12) of the Federal 

4 Land Policy and Management Act of 1976 (43 

5 U.S.C. 1714) and in compliance with section 4. 

6 (3) LAND USE PLANS.—Any decision of 

7 unsuitability made for Federal land under the ad8 ministrative jurisdiction of the Secretary of the Inte9 rior or the Secretary of Agriculture (with respect to 

10 National Forest System lands) shall be incorporated 

11 into the appropriate land use plan when such plan 

12 is adopted, revised, or significantly amended pursu13 ant to the Federal Land Policy and Management 

14 Act of 1976 or, as the case may be, the Forest and 

15 Rangeland Renewable Resources Planning Act of 

16 1974. 

17 SEC. 4. CONFIDENTIALITY. 

18 (a) IN GENERAL.—Notwithstanding section 5 of title 

19 5, United States Code (commonly known as the Freedom 

20 of Information Act) or any other law, no information ob21 tained as a result of or in connection with a petition filed 

22 or a hearing held under this Act that contains a reference 

23 pertaining to a specific detail of a Native American tradi24 tional cultural practice or religion, or the significance of 

25 an Indian or Native Hawaiian sacred land, or the location 
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1 of that sacred land, shall be released except as provided 

2 in subsection (c). 

3 (b) RELEASE OF INFORMATION.—

4 (1) INITIAL VIOLATION.—Any person who in5 tentionally releases any information knowing that it 

6 is required to be held confidential pursuant to this 

7 section shall, upon conviction, be fined not more 

8 than $10,000, or imprisoned not more than 1 year, 

9 or both. 

10 (2) SUBSEQUENT VIOLATIONS.—In the case of 

11 a second or subsequent violation of this section, a 

12 person shall, upon conviction, be fined not more 

13 than $100,000, or imprisoned not more than 5 

14 years, or both. 

15 (c) EXCEPTION.—This section shall not apply in any 

16 case in which all persons filing pursuant to section 3(b), 

17 including the petitioner, waive the application of this sec18 tion. 

19 SEC. 5. GRANTS. 

20 (a) AUTHORITY TO PROVIDE GRANTS.—The Sec21 retary may provide grants to Indian tribes to assist the 

22 Indian tribes in carrying out activities related to this Act. 

23 Such activities may include the acquisition or management 

24 of sacred lands deemed unsuitable for undertaking under 

25 this Act. 
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Secretary such 

3 sums as may be necessary to carry out this section. 

4 SEC. 6. TRANSFER OF LAND. 

5 (a) AUTHORITY.—The head of the department or 

6 agency with administrative jurisdiction over Federal land 

7 which is sacred land may take the Federal land into trust 

8 for the benefit of the Indian tribe or Indian tribes for 

9 which the land is considered sacred on the condition that 

10 the Indian tribe or Indian tribes for which it is taken into 

11 trust manage the land in perpetuity to protect that sacred12 ness. 

13 (b) REVERTER.—If the head of the department or 

14 agency that has taken Federal land into trust under this 

15 section determines that the land is not being managed in 

16 perpetuity to protect its sacredness as required by sub17 section (a), the land shall be removed from trust and shall 

18 be managed under this Act by the the head of the depart19 ment or agency that transferred land under subsection (a). 

20 SEC. 7. COOPERATIVE AGREEMENTS. 

21 The head of the department or agency with adminis22 trative jurisdiction over Federal land which is sacred land 

23 may enter into cooperative agreements with one or more 

24 Indian tribes for which the land is considered sacred to 

25 provide for the Indian tribe or Indian tribes to manage—
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1 (1) that Federal land; and 

2 (2) any adjacent Federal land, if including the 

3 adjacent Federal land would facilitate management 

4 of the sacred land by the Indian tribe or Indian 

5 tribes. 

6 SEC. 8. REGULATIONS. 

7 (a) CONSULTATION WITH INDIAN TRIBES.—In devel8 oping regulations under this Act, the Secretary shall use—

9 (1) an effective process to permit elected tribal 

10 officials, traditional Native American practitioners, 

11 and other representatives of Indian tribal govern12 ments to provide meaningful and timely input in 

13 that development; and 

14 (2) where appropriate, consensual mechanisms, 

15 including negotiated rulemaking. 

16 (b) EFFECTIVE DATE.—This Act shall become effec17 tive on the date of the enactment of this Act. Any failure 

18 of the Secretary to promulgate regulations under this sec19 tion shall not affect such effective date. 

20 SEC. 9. CONSULTATION UNDER OTHER LAWS. 

21 Nothing in this Act shall affect any consultation proc22 ess under the National Historic Preservation Act or any 

23 other Federal law.

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