II 

116TH CONGRESS 

2D SESSION S. 4288 

To establish the Badger-Two Medicine Cultural Heritage Area in the State 

of Montana, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2020 

Mr. TESTER introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To establish the Badger-Two Medicine Cultural Heritage 

Area in the State of Montana, and for other purposes. 

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. 

4 This Act may be cited as the ‘‘Badger-Two Medicine 

5 Protection Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) CULTURAL HERITAGE AREA.—The term 

9 ‘‘Cultural Heritage Area’’ means the Badger-Two 


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1 Medicine Cultural Heritage Area established by sec2 tion 5(a). 

3 (2) EXISTING USE.—The term ‘‘existing use’’ 

4 means a use that is occurring within the Cultural 

5 Heritage Area as of the date of enactment of this 

6 Act. 

7 (3) MANAGEMENT PLAN.—The term ‘‘manage8 ment plan’’ means the management plan for the 

9 Cultural Heritage Area required by section 5(d)(1). 

10 (4) MAP.—The term ‘‘map’’ means the map en11 titled ‘‘Badger-Two Medicine Cultural Heritage Area 

12 Map’’ and dated July 21, 2020. 

13 (5) NATIVE KNOWLEDGE.—The term ‘‘Native 

14 knowledge’’ has the meaning given the term in sec15 tion 219.19 of title 36, Code of Federal Regulations 

16 (as in effect on the date of enactment of this Act). 

17 (6) NEW USE.— 

18 (A) IN GENERAL.—The term ‘‘new use’’ 

19 means— 

20 (i) a use that— 

21 (I) involves a surface disturb22 ance; and 

23 (II) is not occurring within the 

24 Cultural Heritage Area as of the date 

25 of enactment of this Act; or 


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1 (ii) an existing use that is being modi2 fied— 

3 (I) to create a surface disturb4 ance; or 

5 (II) to significantly expand or 

6 alter impacts on the land, water, air, 

7 fish, wildlife, or cultural resources of 

8 the Cultural Heritage Area. 

9 (B) EXCLUSION.—The term ‘‘new use’’ 

10 does not include a use that is— 

11 (i) determined by the Secretary not 

12 to, individually or cumulatively, have a sig13 nificant effect on the human environment; 

14 (ii) necessary to maintain a road, 

15 trail, structure, or facility within the Cul16 tural Heritage Area in existence as of the 

17 date of enactment of this Act; or 

18 (iii) carried out to comply with the 

19 Endangered Species Act of 1973 (16 

20 U.S.C. 1531 et seq.). 

21 (7) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of Agriculture. 

23 (8) STATE.—The term ‘‘State’’ means the State 

24 of Montana. 


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1 (9) TRIBAL BUSINESS COUNCIL.—The term 

2 ‘‘Tribal Business Council’’ means the Blackfeet 

3 Tribal Business Council. 

4 (10) TRIBE.—The term ‘‘Tribe’’ means the 

5 Blackfeet Nation. 

6 SEC. 3. FINDINGS. 

7 Congress finds that— 

8 (1) the Badger-Two Medicine is sacred land, a 

9 living cultural landscape, a hunting ground, a ref10 uge, a wildlife sanctuary, a place of refuge for wild 

11 nature, and an important part of both Tribal and 

12 non-Tribal community values; 

13 (2) the Badger-Two Medicine is a stronghold 

14 for wild nature, isolated from and unmarred by de15 velopment, where natural processes continue to func16 tion and relatively uncommon plant and animal com17 munities continue to exist; 

18 (3) the people of the Tribe have been present 

19 in the Badger-Two Medicine area for time immemo20 rial, using the plant, mineral, and animal resources 

21 and landforms of that area for sustenance and cul22 tural, medicinal, and ceremonial activities, purposes 

23 for which the people of the Tribe continue to use 

24 that area today; 


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1 (4) a community of Tribal and non-Tribal peo2 ple have used the Badger-Two Medicine for multiple 

3 generations for hunting, fishing, camping, horse4 packing, and wilderness solitude, purposes for which 

5 the community continues to use the area today; 

6 (5) the Badger-Two Medicine contains— 

7 (A) several important headwater streams 

8 of the Missouri River basin, which provide crit9 ical clean water for ecological, agricultural, and 

10 domestic purposes; and 

11 (B) abundant fish and wildlife, spectacular 

12 natural scenery, and outstanding recreational 

13 opportunities; 

14 (6) the Badger-Two Medicine provides impor15 tant ecological connectivity to Glacier National Park, 

16 the Bob Marshall Wilderness Complex, the Blackfeet 

17 Indian Reservation, and other public lands; 

18 (7) through treaties and agreements with the 

19 Federal Government, the Tribe retains rights to con20 duct various activities within the Badger-Two Medi21 cine region; and 

22 (8) the establishment of the Badger-Two Medi23 cine Cultural Heritage Area is vital to the continu24 ation and revitalization of the Blackfeet culture, 

25 while continuing to serve the heritage of the broader 


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1 public as a place of recreation, traditional use, and 

2 sanctuary. 

3 SEC. 4. PURPOSES. 

4 The purposes of this Act are— 

5 (1) to protect the cultural, ecological, scenic, 

6 and recreational resources of the Badger-Two Medi7 cine area for the benefit, use, and enjoyment of 

8 present and future generations; 

9 (2) to permanently protect the cultural values, 

10 attributes, and integrity of the Badger-Two Medicine 

11 Traditional Cultural District; 

12 (3) to protect the ability of the Tribe— 

13 (A) to exercise their treaty rights; and 

14 (B) to enhance the opportunity for the 

15 Blackfeet people to continue to use the Badger16 Two Medicine area, as they have since time im17 memorial; 

18 (4) to protect the ability of Tribal and non19 Tribal people to use the Badger-Two Medicine area 

20 for traditional activities, including hunting, fishing, 

21 hiking, horsepacking, and camping, as they have for 

22 generations; 

23 (5)(A) to protect and enhance the ecological in24 tegrity of the Badger-Two Medicine, including fish 

25 and wildlife habitat; and 


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1 (B) to ensure that the Badger-Two Medicine 

2 area continues to serve as an ecological corridor con3 necting adjacent lands; 

4 (6) to maintain the water quality and free-flow5 ing character of the rivers and streams within the 

6 Badger-Two Medicine area; and 

7 (7) to establish a management framework for 

8 the Badger-Two Medicine area that recognizes— 

9 (A) the treaty rights of the Tribe; and 

10 (B) the historical and contemporary con11 nection of the Tribe with the natural and cul12 tural world of the area. 

13 SEC. 5. BADGER-TWO MEDICINE CULTURAL HERITAGE 

14 AREA. 

15 (a) ESTABLISHMENT.—Subject to valid existing 

16 rights, there is established the Badger-Two Medicine Cul17 tural Heritage Area in the State. 

18 (b) AREA INCLUDED.—The Cultural Heritage Area 

19 shall consist of 127,447 acres of Federal land managed 

20 by the Forest Service, as generally depicted on the map. 

21 (c) PURPOSES.—The purposes of the Cultural Herit22 age Area are— 

23 (1) to preserve for the benefit and enjoyment of 

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1 cal, scenic, and recreational values of the Cultural 

2 Heritage Area; and 

3 (2) to enable the people of the Tribe to continue 

4 to carry out traditional cultural practices in the Cul5 tural Heritage Area. 

6 (d) MANAGEMENT PLAN.— 

7 (1) IN GENERAL.—Not later than 3 years after 

8 the date of enactment of this Act and in accordance 

9 with paragraph (2), the Secretary shall develop, as 

10 an amendment to the land and resource manage11 ment plan for the Helena-Lewis and Clark National 

12 Forest, a comprehensive plan for the long-term pro13 tection and management of the Cultural Heritage 

14 Area. 

15 (2) REQUIREMENTS.—In developing the man16 agement plan, the Secretary shall— 

17 (A) consult with— 

18 (i) appropriate State, Tribal, and local 

19 governmental entities; 

20 (ii) the Tribe; 

21 (iii) the Badger-Two Medicine Advi22 sory Council established by section 7(a); 

23 and 

24 (iv) members of the public; 


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1 (B) at the request of the Tribe, include the 

2 Tribe as a cooperating agency in the develop3 ment of the management plan; 

4 (C) incorporate Native knowledge into the 

5 management plan to the maximum extent prac6 ticable; 

7 (D) include public education and interpre8 tation regarding— 

9 (i) the cultural significance of the 

10 Badger-Two Medicine region to the Tribe; 

11 and 

12 (ii) traditional uses and place names 

13 within the region; and 

14 (E) provide for recreational opportunities 

15 to occur within the Cultural Heritage Area, in16 cluding hiking, fishing, hunting, horseback 

17 riding, and camping. 

18 (3) INCORPORATION OF EXISTING PLAN.—In 

19 developing the management plan, to the extent con20 sistent with this section, the Secretary may incor21 porate any provision of the land and resource man22 agement plan for the Helena-Lewis and Clark Na23 tional Forest. 

24 (e) MANAGEMENT.— 


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1 (1) IN GENERAL.—The Secretary shall manage 

2 the Cultural Heritage Area— 

3 (A) in a manner that conserves, protects, 

4 and enhances the resources of the Cultural Her5 itage Area; and 

6 (B) in accordance with— 

7 (i) the laws (including regulations) 

8 and rules applicable to the National Forest 

9 System; 

10 (ii) this Act; and 

11 (iii) any other applicable laws (includ12 ing regulations). 

13 (2) USES.—The Secretary shall only allow such 

14 uses of the Cultural Heritage Area that the Sec15 retary determines, in consultation with the Tribe, 

16 would further the purposes described in subsection 

17 (c). 

18 (f) PROHIBITIONS.—Subject to valid existing rights, 

19 the following activities shall be prohibited on National 

20 Forest System land within the Cultural Heritage Area: 

21 (1) Construction of new or temporary roads, ex22 cept temporary roads necessary to protect public 

23 health and safety. 

24 (2) The use of motorized or mechanized vehi25 cles, except— 


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1 (A) for administrative purposes authorized 

2 in relation to an existing permit, agreement, or 

3 lease; or 

4 (B) to respond to an emergency. 

5 (3) Commercial timber harvest. 

6 (4) Construction of permanent structures, ex7 cept as necessary to meet minimum requirements for 

8 the administration of the Cultural Heritage Area 

9 (including pursuant to special use permits and 

10 leases). 

11 (g) VEGETATION MANAGEMENT.—Nothing in this 

12 section prevents the Secretary from conducting non13 commercial vegetation management projects within the 

14 Cultural Heritage Area— 

15 (1) subject to— 

16 (A) such reasonable regulations, policies, 

17 and practices as the Secretary determines to be 

18 appropriate; and 

19 (B) all applicable laws (including regula20 tions); and 

21 (2) in a manner consistent with the purposes 

22 described in subsection (c). 

23 (h) GRAZING.—The Secretary shall permit grazing 

24 within the Cultural Heritage Area, if established on the 

25 date of enactment of this Act— 


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1 (1) subject to— 

2 (A) such reasonable regulations, policies, 

3 and practices as the Secretary determines ap4 propriate; and 

5 (B) all applicable laws; and 

6 (2) in a manner consistent with the purposes 

7 described in subsection (c). 

8 (i) WILDFIRE.—Wildfire suppression within the Cul9 tural Heritage Area shall be conducted— 

10 (1) in a manner consistent with the purposes 

11 described in subsection (c); and 

12 (2) using such means as the Secretary deter13 mines to be appropriate. 

14 (j) NATIVE AMERICAN CULTURAL AND RELIGIOUS

15 USES.— 

16 (1) IN GENERAL.—Nothing in this section di17 minishes any rights of the Tribe regarding access to 

18 the Cultural Heritage Area for Tribal activities, in19 cluding spiritual, cultural, and traditional food-gath20 ering activities. 

21 (2) NATIVE AMERICAN USES AND INTERESTS.— 

22 (A) ACCESS AND USE.—In accordance with 

23 applicable law, the Secretary shall ensure access 

24 to the Cultural Heritage Area by members of 

25 the Tribe for traditional cultural purposes. 


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1 (B) TEMPORARY CLOSURE.— 

2 (i) IN GENERAL.—In carrying out 

3 subparagraph (A), the Secretary, on re4 quest of the Tribe, may temporarily close 

5 to the general public use of one or more 

6 specific portions of the Cultural Heritage 

7 Area for the purpose of protecting the pri8 vacy of traditional cultural activities in the 

9 Cultural Heritage Area by members of the 

10 Tribe. 

11 (ii) LIMITED EFFECT.—A closure 

12 under clause (i) shall be made— 

13 (I) to affect the smallest prac14 ticable area; and 

15 (II) for the minimum period of 

16 time necessary for the purpose de17 scribed in that clause. 

18 (C) PURPOSE OF ACCESS.—Access de19 scribed in subparagraph (A) shall be consistent 

20 with the purpose and intent of Public Law 95– 

21 341 (42 U.S.C. 1996) (commonly known as the 

22 ‘‘American Indian Religious Freedom Act’’) and 

23 other applicable laws. 

24 (k) ADJACENT MANAGEMENT.— 


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1 (1) IN GENERAL.—The designation of the Cul2 tural Heritage Area shall not create a protective pe3 rimeter or buffer zone around the Cultural Heritage 

4 Area. 

5 (2) EFFECT.—The fact that activities or uses 

6 can be seen or heard from areas within the Cultural 

7 Heritage Area shall not preclude the conduct of the 

8 activities or uses outside the boundary of the Cul9 tural Heritage Area. 

10 (l) LAW ENFORCEMENT.—The Secretary, in coordi11 nation with the Tribe, shall ensure adequate law enforce12 ment presence to maintain the integrity of the Cultural 

13 Heritage Area. 

14 (m) COOPERATIVE AGREEMENTS.—The Secretary 

15 may enter into cooperative agreements with the Tribe to 

16 further the protection, management, or public interpreta17 tion of the Cultural Heritage Area. 

18 (n) WATER RESOURCE FACILITIES.— 

19 (1) DEFINITIONS.—In this subsection: 

20 (A) RESERVATION.—The term ‘‘Reserva21 tion’’ means the Blackfeet Indian Reservation 

22 located in the State. 

23 (B) WATER RESOURCE FACILITY.—The 

24 term ‘‘water resource facility’’ means a dam, ir25 rigation or pumping facility, reservoir, water 


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1 conservation works, aqueduct, canal, ditch, 

2 pipeline, well, hydropower project, transmission 

3 or other ancillary facility of a hydropower 

4 project, and other water diversion, storage, or 

5 carriage structure. 

6 (2) PROHIBITION ON NEW WATER RESOURCE

7 FACILITIES.—After the date of enactment of this 

8 Act, the President or any other officer, employee, or 

9 agent of the United States shall not fund, assist, au10 thorize, or issue a license or permit for the develop11 ment of any new water resource facility within the 

12 Cultural Heritage Area. 

13 (3) EFFECT.—Nothing in this subsection pre14 vents— 

15 (A) the development, maintenance, or oper16 ation of any water resource facility located on— 

17 (i) the Reservation; 

18 (ii) Federal land outside the Cultural 

19 Heritage Area; or 

20 (iii) non-Federal land; or 

21 (B) the maintenance or repair of any water 

22 resource facility within the Cultural Heritage 

23 Area in existence on the date of enactment of 

24 this Act. 

25 (o) MAP AND LEGAL DESCRIPTION.— 


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1 (1) IN GENERAL.—As soon as practicable after 

2 the date of enactment of this Act, the Secretary 

3 shall submit a map and a legal description of the 

4 Cultural Heritage Area to— 

5 (A) the Committee on Energy and Natural 

6 Resources of the Senate; and 

7 (B) the Committee on Natural Resources 

8 of the House of Representatives. 

9 (2) FORCE OF LAW.—The map and legal de10 scription submitted under paragraph (1) shall have 

11 the same force and effect as if included in this sec12 tion, except that the Secretary may correct typo13 graphical errors in the map and legal description. 

14 (3) PUBLIC AVAILABILITY.—The map and legal 

15 description submitted under paragraph (1) shall be 

16 on file and available for public inspection in the ap17 propriate offices of the Forest Service. 

18 SEC. 6. TRIBAL COORDINATION. 

19 (a) CONSULTATION.— 

20 (1) IN GENERAL.—The Secretary shall consult 

21 with the Tribe not less than twice each year, unless 

22 otherwise mutually agreed, regarding— 

23 (A) the protection, preservation, and man24 agement of the Cultural Heritage Area; 

25 (B) proposed new uses; 


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1 (C) whether management is compatible 

2 with the values and attributes of the Badger3 Two Medicine Traditional Cultural District; and 

4 (D) management actions within the Cul5 tural Heritage Area necessary— 

6 (i) to fulfill the purposes of this Act; 

7 (ii) to ensure management decisions 

8 reflect Native knowledge; and 

9 (iii) to protect the off-reservation 

10 rights of the Tribe. 

11 (2) PROCESS FOR CONSULTATION.— 

12 (A) EXISTING REGULATIONS.—The Sec13 retary shall carry out consultation under this 

14 section in accordance with this Act and chapter 

15 1560 of the Forest Service Manual (or suc16 cessor regulations). 

17 (B) SCHEDULE.—As soon as practicable 

18 after the date of enactment of this Act, the Sec19 retary shall establish, in consultation with the 

20 Tribal Business Council, a schedule for con21 sultation. 

22 (C) INITIATION.—To initiate consultation, 

23 the Secretary shall request, in writing, to con24 sult with the Tribal Business Council. 


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1 (D) IN-PERSON CONSULTATION.—The Sec2 retary shall carry out consultations, in person, 

3 with the Tribal Business Council. 

4 (E) SUMMARY.—Within 30 days after the 

5 completion of each consultation, the Secretary 

6 shall send a written summary of the consulta7 tion to the Tribal Business Council. 

8 (F) REOPENING CONSULTATION.—If the 

9 Tribal Business Council disagrees with the 

10 summary of consultation, the Tribal Business 

11 Council may, within 30 days, request to reopen 

12 the consultation. 

13 (3) TRIBAL MANAGEMENT PROPOSALS.—The 

14 Secretary shall— 

15 (A) consider proposals for management ac16 tions within the Cultural Heritage Area sub17 mitted by the Tribe; and 

18 (B) respond to the Tribe, in writing, with19 in 90 days if a management action proposed by 

20 the Tribe is rejected. 

21 (b) NEW USES.— 

22 (1) IN GENERAL.— 

23 (A) REQUEST FOR CONSENT AFTER CON24 SULTATION.— 


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1 (i) DENIAL OF CONSENT.—If the 

2 Tribe denies consent for a new use within 

3 the Cultural Heritage Area within 30 days 

4 after completion of the consultation proc5 ess under subsection (a), the Secretary 

6 shall not proceed with the new use. 

7 (ii) GRANTING OF CONSENT.—If the 

8 Tribe consents to a new use within the 

9 Cultural Heritage Area in writing or fails 

10 to respond within 30 days after completion 

11 of the consultation process under sub12 section (a), the Secretary may proceed 

13 with the notice and comment process and 

14 the environmental analysis with respect to 

15 the new use. 

16 (B) FINAL REQUEST FOR CONSENT.— 

17 (i) REQUEST.—Before the Secretary 

18 signs a record of decision or decision notice 

19 for a proposed new use within the Cultural 

20 Heritage Area, the Secretary shall again 

21 request the consent of the Tribe. 

22 (ii) DENIAL OF CONSENT.—If the 

23 Tribe denies consent for a new use within 

24 30 days after receipt of the proposed 

25 record of decision or decision notice under 


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1 clause (i), the new use shall not be author2 ized. 

3 (2) PUBLIC INVOLVEMENT.—With respect to a 

4 proposed new use within the Cultural Heritage Area, 

5 the public shall be provided notice of— 

6 (A) the purpose and need for the proposed 

7 new use; 

8 (B) the role of the Tribe in the decision9 making process; and 

10 (C) the position of the Tribe on the pro11 posal. 

12 (c) EMERGENCIES AND EMERGENCY CLOSURE OR13 DERS.— 

14 (1) AUTHORITY.—The Secretary shall retain 

15 the authority of the Secretary to manage emergency 

16 situations within the Cultural Heritage Area— 

17 (A) to provide for public safety; and 

18 (B) by issuing emergency closure orders in 

19 the Cultural Heritage Area subject to applicable 

20 law. 

21 (2) NOTICE.—The Secretary shall notify the 

22 Tribe regarding emergencies, public safety issues, 

23 and emergency closure orders that apply to the Cul24 tural Heritage Area as soon as practicable. 


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1 SEC. 7. BADGER-TWO MEDICINE ADVISORY COUNCIL. 

2 (a) ESTABLISHMENT.—Not later than 180 days after 

3 the date of enactment of this Act, the Secretary shall es4 tablish an advisory council, to be known as the ‘‘Badger5 Two Medicine Advisory Council’’ (referred to in this sec6 tion as the ‘‘Council’’). 

7 (b) DUTIES.—The Council shall advise the Secretary 

8 with respect to the preparation and implementation of the 

9 management plan. 

10 (c) APPLICABLE LAW.—The Council shall be subject 

11 to the Federal Advisory Committee Act (5 U.S.C. App.). 

12 (d) MEMBERS.—The Council shall include 9 mem13 bers, to be appointed by the Secretary, with backgrounds 

14 that reflect— 

15 (1) the purposes for which the Cultural Herit16 age Area was established; and 

17 (2) the interests of the stakeholders that are af18 fected by the planning and management of the Cul19 tural Heritage Area. 

20 (e) REPRESENTATION.— 

21 (1) IN GENERAL.—The Secretary shall ensure 

22 that the membership of the Council is fairly bal23 anced in terms of the points of view represented and 

24 the functions to be performed by the Council. 

25 (2) TRIBAL REPRESENTATION.—The Council 

26 shall include a representative of the Tribe, who shall 


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1 be recommended to the Secretary by the Tribal 

2 Business Council. 

3 (f) DURATION.—The Council shall terminate on the 

4 date that is 1 year after the date on which the manage5 ment plan is adopted by the Secretary. 

6 SEC. 8. SELF-DETERMINATION CONTRACTS. 

7 (a) IN GENERAL.—The Secretary may contract with 

8 the Tribe to perform administrative or management func9 tions within the Cultural Heritage Area through contracts 

10 entered into under the Indian Self-Determination and 

11 Education Assistance Act (25 U.S.C. 5301 et seq.). 

12 (b) REQUIREMENTS.—With respect to any contract 

13 carried out under subsection (a)— 

14 (1) the Secretary shall carry out all functions 

15 delegated to the Secretary of the Interior under the 

16 Indian Self-Determination and Education Assistance 

17 Act (25 U.S.C. 5301 et seq.); and 

18 (2) the contract or project shall be entered into 

19 under, and in accordance with, section 403(b)(2) of 

20 the Indian Self-Determination and Education Assist21 ance Act (25 U.S.C. 5363(b)(2)). 

22 (c) EFFECT ON ENVIRONMENTAL AND OTHER RE23 QUIREMENTS.— 

24 (1) IN GENERAL.—Nothing in this section al25 ters or abridges the application of— 


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1 (A) the National Environmental Policy Act 

2 of 1969 (42 U.S.C. 4321 et seq.); or 

3 (B) any other Federal environmental law 

4 (including regulations). 

5 (2) ENVIRONMENTAL ANALYSES.—Nothing in 

6 this section allows the Secretary or the Tribe to 

7 waive completion of any necessary environmental 

8 analysis under applicable Federal law. 

9 (3) RETENTION OF NEPA RESPONSIBILITIES.— 

10 The Secretary shall make any decision required to 

11 be made under the National Environmental Policy 

12 Act of 1969 (42 U.S.C. 4321 et seq.) or other appli13 cable Federal law (including regulations) with re14 spect to any activity to be carried out on Federal 

15 land under this section. 

16 (4) APPLICABILITY OF THE ADMINISTRATIVE

17 PROCEDURE ACT.—Nothing in this section alters or 

18 abridges the application of subchapter II of chapter 

19 5 or chapter 7 of title 5, United States Code, with 

20 respect to this section. 

21 SEC. 9. LEGAL EFFECT. 

22 (a) FISH AND WILDLIFE.—Nothing in this Act af23 fects the jurisdiction or responsibilities of the State with 

24 respect to fish and wildlife. 


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1 (b) PUBLIC ACCESS.—Except as otherwise provided 

2 in this Act, nothing in this Act affects public access to 

3 the Cultural Heritage Area. 

4 (c) WATER RIGHTS.— 

5 (1) IN GENERAL.—Nothing in this Act— 

6 (A) constitutes an express or implied res7 ervation by the United States of water or water 

8 rights for any purpose; or 

9 (B) modifies or otherwise affects any water 

10 rights existing on the date of enactment of this 

11 Act, including any water rights held by the 

12 United States. 

13 (2) STATE WATER LAW.—The Secretary shall 

14 follow the procedural and substantive requirements 

15 of the applicable State and Federal law to obtain 

16 and hold any water rights not in existence on the 

17 date of enactment of this Act with respect to the 

18 Cultural Heritage Area. 

19 (d) TREATY RIGHTS; TRIBAL LAND.— 

20 (1) TREATY RIGHTS.—Nothing in this Act al21 ters, modifies, enlarges, diminishes, or abrogates the 

22 treaty rights of any Indian Tribe, including the off23 reservation reserved rights secured by the Treaty 

24 with the Blackfoot Indians on October 17, 1855, 


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1 and the Agreement with the Indians of the Blackfeet 

2 Indian Reservation on September 26, 1895. 

3 (2) TRIBAL LAND.—Nothing in this Act affects 

4 any land or interest in land held in trust by the Sec5 retary of the Interior for the Tribe or individual 

6 members of the Tribe. 

7 (e) NO EFFECT ON JURISDICTION.—Nothing in this 

8 Act limits or otherwise affects the civil or criminal regu9 latory jurisdiction, including law enforcement, for issues 

10 under the jurisdiction of the Tribe. 

11 (f) EXISTING STRUCTURES.—The maintenance of 

12 structures within the Cultural Heritage Area in existence 

13 as of the date of enactment of this Act may be permitted 

14 to continue— 

15 (1) in accordance with— 

16 (A) this Act; and 

17 (B) applicable law; 

18 (2) in a manner consistent with the purposes 

19 described in section 5(c); and 

20 (3) subject to such reasonable regulations, poli21 cies, and practices as the Secretary considers nec22 essary. 

23 SEC. 10. NONDISCLOSURE OF CULTURAL SITES. 

24 (a) IN GENERAL.—The Secretary shall not disclose 

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1 tion of cultural sites where the Secretary determines, in 

2 consultation with the Tribe, that the disclosure may— 

3 (1) risk harm to cultural resources of the site; 

4 (2) cause a significant invasion of privacy; or 

5 (3) impede the use of the site for traditional 

6 cultural activities by the Tribe or members of the 

7 Tribe. 

8 (b) EFFECT.—Information withheld from the public 

9 under subsection (a) shall not be considered to be a Fed10 eral record for purposes of section 552 of title 5, United 

11 States Code (commonly known as the ‘‘Freedom of Infor12 mation Act’’). 

Æ 


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