II 

117TH CONGRESS 

2D SESSION S. 4421 

To protect Native cultural sites located on Federal land, to improve consultation with Indian Tribes, to bring parity to Indian Tribes with regard 

to Federal public land management laws, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 16, 2022 

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

to the Committee on Indian Affairs 

A BILL 

To protect Native cultural sites located on Federal land, 

to improve consultation with Indian Tribes, to bring parity to Indian Tribes with regard to Federal public land 

management laws, 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 ‘‘Advancing Tribal Par5 ity on Public Land Act’’. 

6 SEC. 2. PREVENTING DISPOSAL OF CULTURAL SITES. 

7 (a) IN GENERAL.— 

8 (1) DEFINITIONS.—In this subsection: 


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1 (A) CULTURAL SITE.—The term ‘‘cultural 

2 site’’ means— 

3 (i) a sacred site; 

4 (ii) a historic property (as defined in 

5 section 800.16 of title 36, Code of Federal 

6 Regulations (as in effect on the date of en7 actment of this Act)); or 

8 (iii) a landform or landscape that— 

9 (I) is the site of important cus10 toms, practices, objects, places, reli11 gions, or ceremonies of Indian Tribes; 

12 (II) is important to an Indian 

13 Tribe for the undertaking of religious, 

14 cultural, spiritual, or traditional prac15 tices; 

16 (III) is connected through fea17 tures or ceremonies to other sites or a 

18 larger sacred landscape, as deter19 mined by an Indian Tribe; or 

20 (IV) contains unique or impor21 tant traditional Tribal food, medicinal, 

22 or material gathering areas. 

23 (B) FORMER RESERVATION.—The term 

24 ‘‘former reservation’’ means land that is within 

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1 tion that was established by treaty, Executive 

2 order, or Secretarial order for an Indian Tribe. 

3 (C) INDIAN TRIBE.—The term ‘‘Indian 

4 Tribe’’ means the governing body of any Indian 

5 or Alaska Native tribe, band, nation, pueblo, 

6 village, community, component band, or compo7 nent reservation individually identified (includ8 ing parenthetically) on the list published by the 

9 Secretary of the Interior under section 104 of 

10 the Federally Recognized Indian Tribe List Act 

11 of 1994 (25 U.S.C. 5131). 

12 (D) INTERESTED INDIAN TRIBE.—The 

13 term ‘‘interested Indian Tribe’’, with respect to 

14 a tract of public land subject to proposed dis15 position by the Secretary concerned under, as 

16 applicable, section 203 of the Federal Land 

17 Policy and Management Act of 1976 (43 U.S.C. 

18 1713), section 503(a) of the Forest Service Fa19 cility Realignment and Enhancement Act of 

20 2005 (16 U.S.C. 580d note; Public Law 109– 

21 54), or section 2(a)(1) of Public Law 97–465 

22 (commonly known as the ‘‘Small Tract Act of 

23 1983’’) (16 U.S.C. 521d(a)(1)), means an In24 dian Tribe with— 


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1 (i) historic, precontact, cultural, or re2 ligious connection to a cultural site located 

3 on the tract of public land; 

4 (ii) a former reservation located on 

5 the tract of public land; or 

6 (iii) treaty rights or other reserved 

7 rights associated with the tract of public 

8 land. 

9 (E) PUBLIC LAND.—The term ‘‘public 

10 land’’ means— 

11 (i) public lands (as defined in section 

12 103 of the Federal Land Policy and Man13 agement Act of 1976 (43 U.S.C. 1702)); 

14 and 

15 (ii) National Forest System land. 

16 (F) SACRED SITE.—The term ‘‘sacred 

17 site’’ means a specific, discrete, narrowly delin18 eated site on public land that is identified by an 

19 Indian Tribe as sacred by virtue of the estab20 lished religious significance of the site to, or 

21 ceremonial or medicinal use of the site by, an 

22 Indian Tribe. 

23 (G) SECRETARY CONCERNED.—The term 

24 ‘‘Secretary concerned’’ means— 


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1 (i) with respect to public land de2 scribed in subparagraph (E)(i), the Sec3 retary of the Interior; and 

4 (ii) with respect to public land de5 scribed in subparagraph (E)(ii), the Sec6 retary of Agriculture. 

7 (2) CONSIDERATION OF TRIBAL INTERESTS.— 

8 The Secretary concerned may not dispose of a tract 

9 of public land under, as applicable, section 203 of 

10 the Federal Land Policy and Management Act of 

11 1976 (43 U.S.C. 1713), section 503(a) of the Forest 

12 Service Facility Realignment and Enhancement Act 

13 of 2005 (16 U.S.C. 580d note; Public Law 109–54), 

14 or section 2(a)(1) of Public Law 97–465 (commonly 

15 known as the ‘‘Small Tract Act of 1983’’) (16 

16 U.S.C. 521d(a)(1)) unless the Secretary concerned 

17 determines, through consultation with any interested 

18 Indian Tribes, as evidenced by a written correspond19 ence signed by the Secretary concerned and all inter20 ested Indian Tribes, that disposal of the tract— 

21 (A) would not impact the rights and inter22 ests of any interested Indian Tribe; and 

23 (B) would not impair access to a reserva24 tion. 


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1 (3) NOTIFICATION.—If the Secretary concerned 

2 determines under paragraph (2) that disposal of a 

3 tract of public land under that paragraph would not 

4 impact the rights and interests of an interested In5 dian Tribe and would not impair access to a reserva6 tion, prior to conducting a sale of the tract of public 

7 land, the Secretary concerned shall notify all Indian 

8 Tribes of the availability of the tract for sale— 

9 (A) in accordance with— 

10 (i) Executive Order 13175 (25 U.S.C. 

11 5301 note; relating to consultation and co12 ordination with Indian tribal governments); 

13 (ii) chapter 1780 of the Bureau of 

14 Land Management Manual (or successor 

15 regulations), with respect to public land 

16 described in paragraph (1)(E)(i); and 

17 (iii) chapter 1563 of the Forest Serv18 ice Manual (or successor regulations), with 

19 respect to public land described in para20 graph (1)(E)(ii); and 

21 (B) in a manner that— 

22 (i) the Secretary concerned deter23 mines provides adequate notice to each In24 dian Tribe of the availability of the tract 

25 for sale; and 


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1 (ii) uses any methods or modes of 

2 communication by which an Indian Tribe 

3 has requested to be notified of the avail4 ability of the tract for sale. 

5 (4) TRIBAL RIGHT OF FIRST REFUSAL.— 

6 (A) SALE TO INDIAN TRIBE.—If an inter7 ested Indian Tribe notified of the proposed sale 

8 of a tract of public land under paragraph (3) 

9 submits to the Secretary concerned a bid to buy 

10 the tract for fair market value by not later than 

11 60 days after receiving the notification, the Sec12 retary concerned shall sell the tract to the inter13 ested Indian Tribe. 

14 (B) MULTIPLE BIDS.— 

15 (i) IN GENERAL.—If more than 1 in16 terested Indian Tribe submits a bid to pur17 chase a tract of public land under subpara18 graph (A), the Secretary concerned shall 

19 defer the sale of the tract for a period of 

20 not more than 180 days, unless an exten21 sion is agreed to by the interested Indian 

22 Tribes that submitted bids and the Sec23 retary concerned, to allow the Secretary 

24 concerned and interested Indian Tribes to 

25 develop a mutually agreeable sale of the 


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1 tract to 1 or more interested Indian 

2 Tribes. 

3 (ii) AGREEMENT.—If the Secretary 

4 concerned and the interested Indian Tribes 

5 reach an agreement under clause (i), the 

6 Secretary shall execute the terms of that 

7 agreement in accordance with applicable 

8 law (including regulations). 

9 (iii) FAILURE TO REACH AGREE10 MENT.—If, at the end of, as applicable, the 

11 180-day period described in clause (i) or 

12 any extended period agreed to under that 

13 clause, the Secretary concerned and the in14 terested Indian Tribes fail to reach an 

15 agreement regarding the sale of the appli16 cable tract of public land, the Secretary 

17 concerned shall not, for a period of 5 years 

18 following the end of that 180-day period, 

19 offer the tract for sale. 

20 (C) MANDATORY TRUST ACQUISITION.—A 

21 tract of public land acquired by an interested 

22 Indian Tribe under this paragraph shall be 

23 taken into and held in trust by the Secretary of 

24 the Interior for the benefit of the interested In25 dian Tribe. 


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1 (5) APPRAISAL STANDARDS.—The fair market 

2 value of a tract of public land to be sold under this 

3 subsection shall be determined pursuant to an ap4 praisal conducted in accordance with— 

5 (A) the Uniform Appraisal Standards for 

6 Federal Land Acquisitions; and 

7 (B) the Uniform Standards of Professional 

8 Appraisal Practice. 

9 (b) FEDERAL LAND POLICY AND MANAGEMENT ACT

10 OF 1976 AMENDMENTS.— 

11 (1) EXCHANGES.—Section 206(a) of the Fed12 eral Land Policy and Management Act of 1976 (43 

13 U.S.C. 1716(a)) is amended— 

14 (A) by inserting ‘‘, the interests of Indian 

15 Tribes,’’ after ‘‘better Federal land manage16 ment’’; and 

17 (B) by striking ‘‘(a) A tract’’ and inserting 

18 the following: 

19 ‘‘(a) AUTHORIZATION.— 

20 ‘‘(1) DEFINITION OF INDIAN TRIBE.—In this 

21 subsection, the term ‘Indian Tribe’ means the gov22 erning body of any Indian or Alaska Native tribe, 

23 band, nation, pueblo, village, community, component 

24 band, or component reservation individually identi25 fied (including parenthetically) on the list published 


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1 by the Secretary under section 104 of the Federally 

2 Recognized Indian Tribe List Act of 1994 (25 

3 U.S.C. 5131). 

4 ‘‘(2) AUTHORIZATION.—A tract’’. 

5 (2) COORDINATION WITH STATE, LOCAL, AND

6 TRIBAL GOVERNMENTS.— 

7 (A) IN GENERAL.—Section 210 of the Fed8 eral Land Policy and Management Act of 1976 

9 (43 U.S.C. 1720) is amended— 

10 (i) in the first sentence— 

11 (I) by striking ‘‘are located and 

12 the head’’ and inserting ‘‘are located, 

13 the head’’; and 

14 (II) by inserting ‘‘and interested 

15 Indian Tribes’’ after ‘‘area within 

16 which such lands are located,’’; and 

17 (ii) by striking the section heading 

18 and designation and all that follows 

19 through ‘‘At least sixty’’ in the first sen20 tence and inserting the following: 

21 ‘‘SEC. 210. COORDINATION WITH STATE, LOCAL, AND TRIB22 AL GOVERNMENTS. 

23 ‘‘(a) DEFINITIONS.—In this section: 

24 ‘‘(1) CULTURAL SITE.—The term ‘cultural site’ 

25 means— 


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1 ‘‘(A) a sacred site; 

2 ‘‘(B) a historic property (as defined in sec3 tion 800.16 of title 36, Code of Federal Regula4 tions (as in effect on the date of enactment of 

5 the Advancing Tribal Parity on Public Land 

6 Act)); or 

7 ‘‘(C) a landform or landscape that— 

8 ‘‘(i) is the site of important customs, 

9 practices, objects, places, religions, or cere10 monies of Indian Tribes; 

11 ‘‘(ii) is important to an Indian Tribe 

12 for the undertaking of religious, cultural, 

13 spiritual, or traditional practices; 

14 ‘‘(iii) is connected through features or 

15 ceremonies to other sites or a larger sacred 

16 landscape, as determined by an Indian 

17 Tribe; or 

18 ‘‘(iv) contains unique or important 

19 traditional Tribal food, medicinal, or mate20 rial gathering areas. 

21 ‘‘(2) FORMER RESERVATION.—The term 

22 ‘former reservation’ means land that is within the 

23 exterior boundaries of any previous reservation that 

24 was established by treaty, Executive order, or Secre25 tarial order for an Indian Tribe. 


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1 ‘‘(3) INDIAN TRIBE.—The term ‘Indian Tribe’ 

2 means the governing body of any Indian or Alaska 

3 Native tribe, band, nation, pueblo, village, commu4 nity, component band, or component reservation in5 dividually identified (including parenthetically) on 

6 the list published by the Secretary under section 104 

7 of the Federally Recognized Indian Tribe List Act of 

8 1994 (25 U.S.C. 5131). 

9 ‘‘(4) INTERESTED INDIAN TRIBE.—The term 

10 ‘interested Indian Tribe’, with respect to a tract of 

11 public lands the offer for sale or conveyance of which 

12 is subject to notification under subsection (b), means 

13 an Indian Tribe with— 

14 ‘‘(A) historic, precontact, cultural, or reli15 gious connection to a cultural site located on 

16 the tract of public lands; 

17 ‘‘(B) a former reservation located on the 

18 tract of public lands; or 

19 ‘‘(C) treaty rights or other reserved rights 

20 that can be exercised on the tract of public 

21 lands. 

22 ‘‘(5) SACRED SITE.—The term ‘sacred site’ 

23 means a specific, discrete, narrowly delineated site 

24 on public lands that is identified by an Indian Tribe 

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1 nificance of the site to, or ceremonial or medicinal 

2 use of the site by, an Indian Tribe. 

3 ‘‘(b) NOTIFICATION.—At least 60’’. 

4 (B) CONFORMING AMENDMENT.—The 

5 table of contents for the Federal Land Policy 

6 and Management Act of 1976 (Public Law 94– 

7 579; 90 Stat. 2743) is amended by striking the 

8 item relating to section 210 and inserting the 

9 following: 

‘‘Sec. 210. Coordination with State, local, and Tribal governments.’’. 

10 (c) FEDERAL LAND TRANSACTION FACILITATION

11 ACT AMENDMENTS.— 

12 (1) DEFINITIONS.—Section 203 of the Federal 

13 Land Transaction Facilitation Act (43 U.S.C. 2302) 

14 is amended— 

15 (A) in paragraph (1)— 

16 (i) by inserting ‘‘, including sacred 

17 sites and land that affect the exercise of 

18 treaty or other reserved rights,’’ after 

19 ‘‘value’’; and 

20 (ii) by striking ‘‘Federal, State, or 

21 local’’ and inserting ‘‘Federal, State, Trib22 al, or local’’; 

23 (B) by redesignating paragraphs (1), (2), 

24 (3), (4), (5), and (6) as paragraphs (2), (3), 

25 (5), (7), (9), and (11), respectively; 


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1 (C) by inserting before paragraph (2) (as 

2 so redesignated) the following: 

3 ‘‘(1) CULTURAL SITE.—The term ‘cultural site’ 

4 means— 

5 ‘‘(A) a sacred site; 

6 ‘‘(B) a historic property (as defined in sec7 tion 800.16 of title 36, Code of Federal Regula8 tions (as in effect on the date of enactment of 

9 the Advancing Tribal Parity on Public Land 

10 Act)); and 

11 ‘‘(C) a landform or landscape that— 

12 ‘‘(i) is the site of important customs, 

13 practices, objects, places, religions, or cere14 monies of Indian Tribes; 

15 ‘‘(ii) is important to an Indian Tribe 

16 for the undertaking of religious, cultural, 

17 spiritual, or traditional practices; 

18 ‘‘(iii) is connected through features or 

19 ceremonies to other sites or a larger sacred 

20 landscape, as determined by an Indian 

21 Tribe; or 

22 ‘‘(iv) contains unique or important 

23 traditional Tribal food, medicinal, or mate24 rial gathering areas.’’; 


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1 (D) by inserting after paragraph (3) (as so 

2 redesignated) the following: 

3 ‘‘(4) FORMER RESERVATION.—The term 

4 ‘former reservation’ means land that is within the 

5 exterior boundaries of any previous reservation that 

6 was established by treaty, Executive order, or Secre7 tarial order for an Indian Tribe.’’; 

8 (E) by inserting after paragraph (5) (as so 

9 redesignated) the following: 

10 ‘‘(6) INDIAN TRIBE.—The term ‘Indian Tribe’ 

11 means the governing body of any Indian or Alaska 

12 Native tribe, band, nation, pueblo, village, commu13 nity, component band, or component reservation in14 dividually identified (including parenthetically) on 

15 the list published by the Secretary under section 104 

16 of the Federally Recognized Indian Tribe List Act of 

17 1994 (25 U.S.C. 5131).’’; 

18 (F) by inserting after paragraph (7) (as so 

19 redesignated) the following: 

20 ‘‘(8) INTERESTED INDIAN TRIBE.—The term 

21 ‘interested Indian Tribe’, with respect to an 

22 inholding identified under section 204(a)(1), means 

23 an Indian Tribe with— 


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1 ‘‘(A) historic, precontact, cultural, or reli2 gious connection to a cultural site located on 

3 the inholding; 

4 ‘‘(B) a former reservation located on the 

5 inholding; or 

6 ‘‘(C) treaty rights or other reserved rights 

7 that can be exercised on the inholding.’’; and 

8 (G) by inserting after paragraph (9) (as so 

9 redesignated) the following: 

10 ‘‘(10) SACRED SITE.—The term ‘sacred site’ 

11 means a specific, discrete, narrowly delineated site 

12 that is identified by an Indian Tribe as sacred by 

13 virtue of the established religious significance of the 

14 site to, or ceremonial or medicinal use of the site by, 

15 an Indian Tribe.’’. 

16 (2) PUBLIC NOTICE OF INHOLDINGS PROCE17 DURES.—Section 204(b) of the Federal Land Trans18 action Facilitation Act (43 U.S.C. 2303(b)) is 

19 amended, in the first sentence, by inserting ‘‘, in20 cluding notice to all interested Indian Tribes,’’ after 

21 ‘‘public notice’’. 

22 (3) FEDERAL LAND DISPOSAL ACCOUNT.—Sec23 tion 206(c)(3) of the Federal Land Transaction Fa24 cilitation Act (43 U.S.C. 2305(c)(3)) is amended— 


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1 (A) by redesignating subparagraphs (C) 

2 and (D) as subparagraphs (D) and (E), respec3 tively; and 

4 (B) by inserting after subparagraph (B) 

5 the following: 

6 ‘‘(C) the extent to which the acquisition of 

7 the land or interest therein will uphold the 

8 United States treaty and trust obligations to 

9 Indian Tribes and the preservation of Native 

10 American culture and religion;’’. 

11 (d) RECREATION AND PUBLIC PURPOSES ACT

12 AMENDMENTS.— 

13 (1) IN GENERAL.—The first section of the Act 

14 of June 14, 1926 (commonly known as the ‘‘Recre15 ation and Public Purposes Act’’) (44 Stat. 741, 

16 chapter 578; 68 Stat. 174, chapter 263; 43 U.S.C. 

17 869), is amended— 

18 (A) by striking the section designation and 

19 all that follows through ‘‘(a) The Secretary’’ 

20 and inserting the following: 

21 ‘‘SECTION 1. DISPOSAL OF LANDS FOR PUBLIC OR REC22 REATIONAL PURPOSES. 

23 ‘‘(a) AUTHORITY TO DISPOSE OF PUBLIC LANDS.— 

24 ‘‘(1) DEFINITIONS.—In this subsection: 


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1 ‘‘(A) CULTURAL SITE.—The term ‘cultural 

2 site’ means— 

3 ‘‘(i) a sacred site; 

4 ‘‘(ii) a historic property (as defined in 

5 section 800.16 of title 36, Code of Federal 

6 Regulations (as in effect on the date of en7 actment of the Advancing Tribal Parity on 

8 Public Land Act)); or 

9 ‘‘(iii) a landform or landscape that— 

10 ‘‘(I) is the site of important cus11 toms, practices, objects, places, reli12 gions, or ceremonies of Indian Tribes; 

13 ‘‘(II) is important to an Indian 

14 Tribe for the undertaking of religious, 

15 cultural, spiritual, or traditional prac16 tices; 

17 ‘‘(III) is connected through fea18 tures or ceremonies to other sites or a 

19 larger sacred landscape, as deter20 mined by an Indian Tribe; or 

21 ‘‘(IV) contains unique or impor22 tant traditional Tribal food, medicinal, 

23 or material gathering areas. 

24 ‘‘(B) FORMER RESERVATION.—The term 

25 ‘former reservation’ means land that is within 


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1 the exterior boundaries of any previous reserva2 tion that was established by treaty, Executive 

3 order, or Secretarial order for an Indian Tribe. 

4 ‘‘(C) INDIAN TRIBE.—The term ‘Indian 

5 Tribe’ means the governing body of any Indian 

6 or Alaska Native tribe, band, nation, pueblo, 

7 village, community, component band, or compo8 nent reservation individually identified (includ9 ing parenthetically) on the list published by the 

10 Secretary of the Interior under section 104 of 

11 the Federally Recognized Indian Tribe List Act 

12 of 1994 (25 U.S.C. 5131). 

13 ‘‘(D) INTERESTED INDIAN TRIBE.—The 

14 term ‘interested Indian Tribe’, with respect to 

15 a tract of public lands subject to proposed dis16 position by the Secretary of the Interior under 

17 paragraph (2), means an Indian Tribe with— 

18 ‘‘(i) historic, precontact, cultural, or 

19 religious connection to a cultural site lo20 cated on the tract of public lands; 

21 ‘‘(ii) a former reservation located on 

22 the tract of public lands; or 

23 ‘‘(iii) treaty rights or other reserved 

24 rights that can be exercised on the tract of 

25 public lands. 


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1 ‘‘(E) SACRED SITE.—The term ‘sacred 

2 site’ means a specific, discrete, narrowly delin3 eated site on public lands that is identified by 

4 an Indian Tribe as sacred by virtue of the es5 tablished religious significance of the site to, or 

6 ceremonial or medicinal use of the site by, an 

7 Indian Tribe. 

8 ‘‘(2) AUTHORITY.—The Secretary’’; and 

9 (B) in subsection (a)(2) (as so des10 ignated)— 

11 (i) in the first sentence, by striking 

12 ‘‘State, Territory’’ and inserting ‘‘State, 

13 Indian Tribe, Territory’’; and 

14 (ii) in the second sentence, by insert15 ing ‘‘that disposal of the land will not im16 pact the rights and interests of an inter17 ested Indian Tribe,’’ after ‘‘established or 

18 definitely proposed project,’’. 

19 (2) SALE OR LEASE TO INDIAN TRIBES.—Sec20 tion 2 of the Act of June 14, 1926 (commonly 

21 known as the ‘‘Recreation and Public Purposes 

22 Act’’) (44 Stat. 741, chapter 578; 68 Stat. 174, 

23 chapter 263; 43 U.S.C. 869–1), is amended— 


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1 (A) in subsection (a) by striking ‘‘State, 

2 Territory’’ and inserting ‘‘State, Indian Tribe, 

3 Territory’’; and 

4 (B) in subsection (b) by striking ‘‘State, 

5 Territory, county’’ and inserting ‘‘State, Indian 

6 Tribe, Territory, county’’. 

7 (e) SMALL TRACTS ACT AMENDMENTS.—The first 

8 section of Public Law 97–465 (commonly known as the 

9 ‘‘Small Tract Act of 1983’’) (16 U.S.C. 521c) is amend10 ed— 

11 (1) in the matter preceding paragraph (1), by 

12 striking ‘‘That for purposes of this Act’’ and all that 

13 follows through ‘‘means a land transfer’’ in para14 graph (2) and inserting the following: 

15 ‘‘SECTION 1. DEFINITIONS. 

16 ‘‘In this Act: 

17 ‘‘(1) INDIAN TRIBE.—The term ‘Indian Tribe’ 

18 means the governing body of any Indian or Alaska 

19 Native tribe, band, nation, pueblo, village, commu20 nity, component band, or component reservation in21 dividually identified (including parenthetically) on 

22 the list published by the Secretary of the Interior 

23 under section 104 of the Federally Recognized In24 dian Tribe List Act of 1994 (25 U.S.C. 5131). 


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1 ‘‘(2) INTERCHANGE.—The term ‘interchange’ 

2 means a land transfer’’; and 

3 (2) in paragraph (2), by striking ‘‘may pre4 scribe; and’’ and all that follows through the end of 

5 paragraph (3) and inserting the following: ‘‘may pre6 scribe. 

7 ‘‘(3) PERSON.—The term ‘person’ includes any 

8 State or Indian Tribe or any political subdivision or 

9 entity of a State or Indian Tribe. 

10 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 

11 the Secretary of Agriculture.’’. 

12 (f) EDUCATION LAND GRANT ACT AMENDMENTS.— 

13 Section 202(a) of the Education Land Grant Act (16 

14 U.S.C. 479a(a)) is amended— 

15 (1) in the matter preceding paragraph (1), by 

16 inserting ‘‘or an entity that operates or controls a 

17 school funded by the Bureau of Indian Education’’ 

18 after ‘‘public school district’’; and 

19 (2) in paragraph (1), by inserting ‘‘or the entity 

20 that operates or controls a school funded by the Bu21 reau of Indian Education’’ after ‘‘public school dis22 trict’’. 

23 (g) MISCELLANEOUS PROVISIONS.— 

24 (1) SELECTION OF SCHOOL LANDS ON CEDED

25 INDIAN RESERVATIONS.—The first section of the Act 


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1 of March 2, 1895, is amended by striking the fol2 lowing: ‘‘That any State or Territory entitled to in3 demnity school lands or entitled to select lands for 

4 educational purposes under existing law may select 

5 such lands within the boundaries of any Indian res6 ervation in such State or Territory from the surplus 

7 lands thereof, purchased by the United States after 

8 allotments have been made to the Indians of such 

9 reservation, and prior to the opening of such res10 ervation to settlement.’’ (28 Stat. 899, chapter 188; 

11 43 U.S.C. 856). 

12 (2) REPRESENTATION OF INDIAN CLAIMANTS

13 IN SUITS TO DETERMINE RIGHT TO SCHOOL

14 LANDS.—The Act of March 2, 1901 (31 Stat. 950, 

15 chapter 808; 43 U.S.C. 868) is repealed. 

16 (3) TOWNSITES.—Public Law 85–569 (16 

17 U.S.C. 478a) is amended— 

18 (A) in the first sentence, by striking 

19 ‘‘would serve indigenous community objectives 

20 that outweigh the public objectives and values 

21 which would be served by maintaining such 

22 tract in Federal ownership, he may’’ and insert23 ing ‘‘is in the public interest, the Secretary 

24 may’’; and 

25 (B) in the second sentence— 


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1 (i) by striking ‘‘county, city, or other 

2 local governmental subdivision’’ and insert3 ing ‘‘Indian tribe (as defined in section 

4 102 of the Federally Recognized Indian 

5 Tribe List Act of 1994 (25 U.S.C. 5130)) 

6 or county, city, or local governmental sub7 division’’; 

8 (ii) by striking ‘‘for sale to a govern9 mental subdivision’’ and inserting ‘‘for sale 

10 to an Indian tribe or governmental subdivi11 sion’’; and 

12 (iii) by striking ‘‘will be controlled by 

13 the governmental subdivision’’ and insert14 ing ‘‘will be controlled by the Indian tribe 

15 or governmental subdivision’’. 

16 SEC. 3. INCREASED CONSULTATION. 

17 (a) INVENTORY AND IDENTIFICATION.—Section 

18 201(b) of the Federal Land Policy and Management Act 

19 of 1976 (43 U.S.C. 1711(b)) is amended by striking 

20 ‘‘State and local’’ and inserting ‘‘State, local, and Tribal’’. 

21 (b) LAND USE PLANNING.—Section 202 of the Fed22 eral Land Policy and Management Act of 1976 (43 U.S.C. 

23 1712) is amended— 


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•S 4421 IS

1 (1) in subsection (c)(9), by striking ‘‘State and 

2 local’’ each place it appears and inserting ‘‘State, 

3 local, and Tribal’’; and 

4 (2) in subsection (f), by striking ‘‘Federal, 

5 State, and local’’ and inserting ‘‘Federal, State, 

6 local, and Tribal’’. 

7 (c) ADVISORY COUNCILS AND PUBLIC PARTICIPA8 TION.—Section 309 of the Federal Land Policy and Man9 agement Act of 1976 (43 U.S.C. 1739) is amended— 

10 (1) in subsection (a)— 

11 (A) in the fifth sentence, by striking ‘‘The 

12 establishment’’ and inserting the following: 

13 ‘‘(6) REQUIREMENT.—The establishment’’; 

14 (B) in the fourth sentence, by striking 

15 ‘‘Appointments’’ and inserting the following: 

16 ‘‘(5) APPOINTMENTS.—Appointments’’; 

17 (C) in the third sentence, by striking ‘‘To 

18 the extent’’ and inserting the following: 

19 ‘‘(4) NO DUPLICATION.—To the extent’’; 

20 (D) in the second sentence, by striking ‘‘At 

21 least one member of each council’’ and inserting 

22 the following: 

23 ‘‘(3) REQUIREMENTS FOR MEMBERSHIP.— 


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1 ‘‘(A) IN GENERAL.—At least 1 member of 

2 each advisory council established under this sec3 tion’’; and 

4 (E) in the first sentence, by inserting ‘‘and 

5 Tribal’’ before ‘‘interests concerning’’; 

6 (2) by striking the section heading and designa7 tion and all that follows through ‘‘(a) The Sec8 retary’’ and inserting the following: 

9 ‘‘SEC. 309. ADVISORY COUNCILS AND PUBLIC PARTICIPA10 TION. 

11 ‘‘(a) ESTABLISHMENT OF ADVISORY COUNCILS.— 

12 ‘‘(1) DEFINITIONS.—In this subsection: 

13 ‘‘(A) CULTURAL SITE.—The term ‘cultural 

14 site’ means— 

15 ‘‘(i) a sacred site; 

16 ‘‘(ii) a historic property (as defined in 

17 section 800.16 of title 36, Code of Federal 

18 Regulations (as in effect on the date of en19 actment of the Advancing Tribal Parity on 

20 Public Land Act)); or 

21 ‘‘(iii) a landform or landscape that— 

22 ‘‘(I) is the site of important cus23 toms, practices, objects, places, reli24 gions, or ceremonies of Indian Tribes; 


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•S 4421 IS

1 ‘‘(II) is important to an Indian 

2 Tribe for the undertaking of religious, 

3 cultural, spiritual, or traditional prac4 tices; 

5 ‘‘(III) is connected through fea6 tures or ceremonies to other sites or a 

7 larger sacred landscape, as deter8 mined by an Indian Tribe; or 

9 ‘‘(IV) contains unique or impor10 tant traditional Tribal food, medicinal, 

11 or material gathering areas. 

12 ‘‘(B) FORMER RESERVATION.—The term 

13 ‘former reservation’ means land that is within 

14 the exterior boundaries of any previous reserva15 tion that was established by treaty, Executive 

16 order, or Secretarial order for an Indian Tribe. 

17 ‘‘(C) INDIAN TRIBE.—The term ‘Indian 

18 Tribe’ means the governing body of any Indian 

19 or Alaska Native tribe, band, nation, pueblo, 

20 village, community, component band, or compo21 nent reservation individually identified (includ22 ing parenthetically) on the list published by the 

23 Secretary under section 104 of the Federally 

24 Recognized Indian Tribe List Act of 1994 (25 

25 U.S.C. 5131). 


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1 ‘‘(D) INTERESTED INDIAN TRIBE.—The 

2 term ‘interested Indian Tribe’, with respect to 

3 the public lands within an area for which an ad4 visory council is established under this section, 

5 means an Indian Tribe with— 

6 ‘‘(i) historic, precontact, cultural, or 

7 religious connection to a cultural site lo8 cated on the public lands; 

9 ‘‘(ii) a former reservation located on 

10 the public lands; or 

11 ‘‘(iii) treaty rights or other reserved 

12 rights that can be exercised on the public 

13 lands. 

14 ‘‘(E) SACRED SITE.—The term ‘sacred 

15 site’ means a specific, discrete, narrowly delin16 eated site on public lands that is identified by 

17 an Indian Tribe as sacred by virtue of the es18 tablished religious significance of the site to, or 

19 ceremonial or medicinal use of the site by, an 

20 Indian Tribe. 

21 ‘‘(2) ESTABLISHMENT.—The Secretary’’; and 

22 (3) in subsection (a), in paragraph (3) (as so 

23 designated), by adding at the end the following: 

24 ‘‘(B) INTERESTED INDIAN TRIBES.—At 

25 least 1 member of each advisory council estabVerDate Sep 11 2014 00:26 Jun 18, 2022 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S4421.IS S4421

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1 lished under this section shall be a representa2 tive of an interested Indian Tribe.’’. 

3 (d) IMPROVED PLANNING.— 

4 (1) DEVELOPMENT AND MANAGEMENT OF NA5 TIONAL FORESTS.—Section 3 of the Multiple-Use 

6 Sustained-Yield Act of 1960 (16 U.S.C. 530) is 

7 amended by striking ‘‘and others’’ and inserting ‘‘, 

8 interested Indian Tribes, and others’’. 

9 (2) DEFINITION OF INDIAN TRIBE.—Section 4 

10 of the Multiple-Use Sustained-Yield Act of 1960 (16 

11 U.S.C. 531) is amended— 

12 (A) by striking the section designation and 

13 all that follows through ‘‘means: The’’ in sub14 section (a) and inserting the following: 

15 ‘‘SEC. 4. DEFINITIONS. 

16 ‘‘In this Act: 

17 ‘‘(1) INDIAN TRIBE.—The term ‘Indian Tribe’ 

18 means the governing body of any Indian or Alaska 

19 Native tribe, band, nation, pueblo, village, commu20 nity, component band, or component reservation in21 dividually identified (including parenthetically) on 

22 the list published by the Secretary of the Interior 

23 under section 104 of the Federally Recognized In24 dian Tribe List Act of 1994 (25 U.S.C. 5131). 


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1 ‘‘(2) MULTIPLE USE.—The term ‘multiple use’ 

2 means— 

3 ‘‘(A) the’’; 

4 (B) in paragraph (2)(A) (as so des5 ignated), by striking ‘‘making the most’’ and in6 serting the following: 

7 ‘‘(B) making the most’’; 

8 (C) in paragraph (2)(B) (as so des9 ignated), by striking ‘‘that some land’’ and in10 serting the following: 

11 ‘‘(C) that some land’’; 

12 (D) in paragraph (2)(C) (as so des13 ignated), by striking ‘‘harmonious’’ and insert14 ing the following: 

15 ‘‘(D) harmonious’’; and 

16 (E) in subsection (b), by striking the sub17 section designation and all that follows through 

18 ‘‘means the achievement’’ and inserting the fol19 lowing: 

20 ‘‘(3) SUSTAINED YIELD OF THE SEVERAL

21 PRODUCTS AND SERVICES.—The term ‘sustained 

22 yield of the several products and services’ means the 

23 achievement’’. 

24 (e) NATIONAL FOREST SYSTEM LAND AND RE25 SOURCE MANAGEMENT PLANS.—Section 6(a) of the ForVerDate Sep 11 2014 00:26 Jun 18, 2022 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S4421.IS S4421

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1 est and Rangeland Renewable Resources Planning Act of 

2 1974 (16 U.S.C. 1604(a)) is amended by striking ‘‘State 

3 and local governments’’ and inserting ‘‘State, Tribal, and 

4 local governments’’. 

5 (f) INFORMATION AND DATA.—Section 12 of the 

6 Forest and Rangeland Renewable Resources Planning Act 

7 of 1974 (16 U.S.C. 1610) is amended, in the first sen8 tence, by striking ‘‘Federal, State, and private organiza9 tions’’ and inserting ‘‘Federal, State, Tribal, and private 

10 organizations’’. 

11 (g) PUBLIC PARTICIPATION.—Section 14(a) of the 

12 Forest and Rangeland Renewable Resources Planning Act 

13 of 1974 (16 U.S.C. 1612(a)) is amended by striking ‘‘Fed14 eral, State, and local governments’’ and inserting ‘‘Fed15 eral, State, Tribal, and local governments’’. 

16 (h) ADVISORY BOARDS FOR PUBLIC PARTICIPATION

17 IN THE PLANNING FOR AND MANAGEMENT OF THE NA18 TIONAL FOREST SYSTEM.—Section 14(b) of the Forest 

19 and Rangeland Renewable Resources Planning Act of 

20 1974 (16 U.S.C. 1612(b)) is amended— 

21 (1) by striking ‘‘(b) In providing’’ and inserting 

22 the following: 

23 ‘‘(b) ADVISORY BOARDS.— 

24 ‘‘(1) DEFINITIONS.—In this subsection: 


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1 ‘‘(A) CULTURAL SITE.—The term ‘cultural 

2 site’ means— 

3 ‘‘(i) a sacred site; 

4 ‘‘(ii) a historic property (as defined in 

5 section 800.16 of title 36, Code of Federal 

6 Regulations (as in effect on the date of en7 actment of the Advancing Tribal Parity on 

8 Public Land Act)); or 

9 ‘‘(iii) a landform or landscape that— 

10 ‘‘(I) is the site of important cus11 toms, practices, objects, places, reli12 gions, or ceremonies of Indian Tribes; 

13 ‘‘(II) is important to an Indian 

14 Tribe for the undertaking of religious, 

15 cultural, spiritual, or traditional prac16 tices; 

17 ‘‘(III) is connected through fea18 tures or ceremonies to other sites or a 

19 larger sacred landscape, as deter20 mined by an Indian Tribe; or 

21 ‘‘(IV) contains unique or impor22 tant traditional Tribal food, medicinal, 

23 or material gathering areas. 

24 ‘‘(B) FORMER RESERVATION.—The term 

25 ‘former reservation’ means land that is within 


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1 the exterior boundaries of any previous reserva2 tion that was established by treaty, Executive 

3 order, or Secretarial order for an Indian Tribe. 

4 ‘‘(C) INDIAN TRIBE.—The term ‘Indian 

5 Tribe’ means the governing body of any Indian 

6 or Alaska Native tribe, band, nation, pueblo, 

7 village, community, component band, or compo8 nent reservation individually identified (includ9 ing parenthetically) on the list published by the 

10 Secretary of the Interior under section 104 of 

11 the Federally Recognized Indian Tribe List Act 

12 of 1994 (25 U.S.C. 5131). 

13 ‘‘(D) INTERESTED INDIAN TRIBE.—The 

14 term ‘interested Indian Tribe’, with respect to 

15 National Forest System land, means an Indian 

16 Tribe with— 

17 ‘‘(i) historic, precontact, cultural, or 

18 religious connection to a cultural site lo19 cated on the National Forest System land; 

20 ‘‘(ii) a former reservation located on 

21 the National Forest System land; or 

22 ‘‘(iii) treaty rights or other reserved 

23 rights that can be exercised on the Na24 tional Forest System land. 


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1 ‘‘(E) SACRED SITE.—The term ‘sacred 

2 site’ means a specific, discrete, narrowly delin3 eated site on National Forest System land that 

4 is identified by an Indian Tribe as sacred by 

5 virtue of the established religious significance of 

6 the site to, or ceremonial or medicinal use of 

7 the site by, an Indian Tribe. 

8 ‘‘(2) ESTABLISHMENT.—In providing’’; 

9 (2) in paragraph (2) (as so designated), in the 

10 second sentence, by striking ‘‘The membership of 

11 such boards’’ and inserting the following: 

12 ‘‘(3) MEMBERSHIP.— 

13 ‘‘(A) IN GENERAL.—The membership of 

14 each advisory board established under para15 graph (2)’’; and 

16 (3) in paragraph (3) (as so designated), by add17 ing at the end the following: 

18 ‘‘(B) INTERESTED INDIAN TRIBES.—At 

19 least 1 member of each advisory board estab20 lished under paragraph (2) shall be a represent21 ative of an interested Indian Tribe.’’. 

22 SEC. 4. CONFIDENTIAL INFORMATION. 

23 (a) IN GENERAL.—Notwithstanding any other provi24 sion of law, at the request of the applicable Indian Tribe 

25 or Tribal government, any Tribal consultation meeting 


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1 held for the purpose of carrying out this Act or an amend2 ment made by this Act shall be closed to the public. 

3 (b) SENSITIVE INFORMATION.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law, if, during a Tribal consultation 

6 process conducted for the purpose of carrying out 

7 this Act or an amendment made by this Act, the ap8 plicable Indian Tribe or Tribal government des9 ignates any information, such as the location of a 

10 sacred site or other detail of a cultural or religious 

11 practice, as sensitive, that information shall be pro12 tected by law as confidential and withheld from any 

13 public disclosure or publication made as part of the 

14 Tribal consultation process or in the process of car15 rying out this Act or an amendment made by this 

16 Act. 

17 (2) ACCESS.—If information has been des18 ignated as sensitive under paragraph (1), the appli19 cable agency shall determine, in consultation with 

20 the applicable Indian Tribe or Tribal government, 

21 who may have access to the information for the pur22 poses of carrying out this Act or an amendment 

23 made by this Act. 

Æ 


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