II 

117TH CONGRESS 

2D SESSION S. 4423 

To establish the Tribal Cultural Areas System, 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 establish the Tribal Cultural Areas System, 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 ‘‘Tribal Cultural Areas 

5 Protection Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) EXISTING USE.—The term ‘‘existing use’’, 

9 with respect to a Tribal cultural area, means a use 

10 that is occurring within the Tribal cultural area on 


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1 the date on which the Tribal cultural area is des2 ignated for inclusion in the System. 

3 (2) FORMER RESERVATION.—The term ‘‘former 

4 reservation’’ means land that is within the exterior 

5 boundaries of the last reservation that was estab6 lished by treaty, Executive order, or Secretarial 

7 order for an Indian Tribe. 

8 (3) HISTORIC PROPERTY.—The term ‘‘historic 

9 property’’ means a historic or precontact site, build10 ing, structure, or object that has religious, medic11 inal, or cultural significance to an interested Indian 

12 Tribe. 

13 (4) INDIAN LAND.—The term ‘‘Indian land’’ 

14 means land of an Indian Tribe or an individual In15 dian that is— 

16 (A) held in trust by the United States; or 

17 (B) subject to a restriction against alien18 ation imposed by the United States. 

19 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

20 means the governing body of any Indian or Alaska 

21 Native tribe, band, nation, pueblo, village, commu22 nity, component band, or component reservation in23 dividually identified (including parenthetically) on 

24 the list published by the Secretary under section 104 


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1 of the Federally Recognized Indian Tribe List Act of 

2 1994 (25 U.S.C. 5131). 

3 (6) INTERESTED INDIAN TRIBE.—The term 

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

5 public land, means an Indian Tribe with— 

6 (A) historic, precontact, cultural, or reli7 gious connections to a Tribal cultural site lo8 cated on the tract of public land; 

9 (B) a former reservation located on the 

10 tract of public land; or 

11 (C) treaty rights or other reserved rights 

12 associated with the tract of public land. 

13 (7) MANAGEMENT PLAN.—The term ‘‘manage14 ment plan’’ means the management plan developed 

15 for a Tribal cultural area under section 5(d)(3)(A). 

16 (8) NATIONAL FOREST SYSTEM.—The term 

17 ‘‘National Forest System’’ has the meaning given 

18 the term in section 11(a) of the Forest and Range19 land Renewable Resources Planning Act of 1974 (16 

20 U.S.C. 1609(a)). 

21 (9) NATIVE KNOWLEDGE.—The term ‘‘Native 

22 knowledge’’ has the meaning given the term in sec23 tion 219.19 of title 36, Code of Federal Regulations 

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

25 (10) NEW USE.— 


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

2 with respect to a Tribal cultural area, means— 

3 (i) a use that involves surface disturb4 ance and is not occurring in the Tribal cul5 tural area on the date on which the Tribal 

6 cultural area is designated for inclusion in 

7 the System; and 

8 (ii) a use that is occurring in the 

9 Tribal cultural area on the date on which 

10 the Tribal cultural area is designated for 

11 inclusion in the System, but that is being 

12 modified so as— 

13 (I) to create a surface disturb14 ance; 

15 (II) to significantly expand or 

16 alter impacts of the use on the land, 

17 water, air, cultural resources, or wild18 life of the Tribal cultural area; or 

19 (III) to be inconsistent with the 

20 purposes for which the Tribal cultural 

21 area is— 

22 (aa) designated under sec23 tion 5; or 

24 (bb) recommended under 

25 section 8. 


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

2 with respect to a Tribal cultural area, does not 

3 include a use that— 

4 (i) is categorically excluded from the 

5 requirements of title I of the National En6 vironmental Policy Act of 1969 (42 U.S.C. 

7 4331 et seq.); 

8 (ii) is carried out to comply with the 

9 Endangered Species Act of 1973 (16 

10 U.S.C. 1531 et seq.); 

11 (iii) is necessary to maintain a road, 

12 trail, structure, or facility within the Tribal 

13 cultural area that is— 

14 (I) in existence on the date on 

15 which the Tribal cultural area is des16 ignated for inclusion in the System; 

17 and 

18 (II) identified in the management 

19 planning documents of the applicable 

20 land management agency as a road, 

21 trail, structure, or facility intended for 

22 continued use; or 

23 (iv) the Secretary concerned deter24 mines to be necessary for the control of 

25 fire, insects, or diseases, subject to such 


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1 terms and conditions as the Secretary con2 cerned determines appropriate. 

3 (11) PUBLIC LAND.—The term ‘‘public land’’ 

4 means— 

5 (A) land under the jurisdiction of the Sec6 retary (other than Indian land); and 

7 (B) National Forest System land. 

8 (12) RESTORATION.—The term ‘‘restoration’’ 

9 has the meaning given the term in section 219.19 of 

10 title 36, Code of Federal Regulations (as in effect on 

11 the date of enactment of this Act). 

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

13 means a specific, discrete, narrowly delineated site 

14 on public land that is identified by an Indian Tribe 

15 as sacred by virtue of the established religious sig16 nificance of the site to, or ceremonial use of the site 

17 by, an Indian Tribe. 

18 (14) SECRETARY.—The term ‘‘Secretary’’ 

19 means the Secretary of the Interior. 

20 (15) SECRETARY CONCERNED.—The term 

21 ‘‘Secretary concerned’’ means— 

22 (A) the Secretary, with respect to public 

23 land described in paragraph (11)(A); and 


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1 (B) the Secretary of Agriculture, with re2 spect to public land described in paragraph 

3 (11)(B). 

4 (16) SURFACE DISTURBANCE.—The term ‘‘sur5 face disturbance’’ means any new disruption of soil 

6 or vegetation that would require restoration to re7 turn the soil or vegetation to natural appearance or 

8 ecological function. 

9 (17) SYSTEM.—The term ‘‘System’’ means the 

10 Tribal Cultural Areas System established by section 

11 5(a). 

12 (18) TRIBAL COMMISSION.—The term ‘‘Tribal 

13 commission’’ means the Tribal commission estab14 lished for a Tribal cultural area under section 6(a). 

15 (19) TRIBAL CULTURAL AREA.—The term 

16 ‘‘Tribal cultural area’’ means a Tribal cultural site 

17 that has been designated for inclusion in the Sys18 tem. 

19 (20) TRIBAL CULTURAL SITE.—The term 

20 ‘‘Tribal cultural site’’ means— 

21 (A) a historic property; and 

22 (B) a landform, landscape, or location 

23 that— 


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1 (i) is or may be important to the cus2 toms, practices, objects, places, religions, 

3 or ceremonies of an Indian Tribe; 

4 (ii) is or may be important to an In5 dian Tribe for the undertaking of religious, 

6 cultural, spiritual, traditional subsistence, 

7 or other traditional practices; 

8 (iii) contains unique or important tra9 ditional Tribal food, medicinal, or material 

10 gathering areas; or 

11 (iv) is connected through features, 

12 ceremonies, objects, histories, or cultural 

13 practices to other sites or to a larger sa14 cred landscape, as determined by an In15 dian Tribe. 

16 (21) TRIBAL ORGANIZATION.—The term ‘‘Trib17 al organization’’ has the meaning given the term in 

18 section 4 of the Indian Self-Determination and Edu19 cation Assistance Act (25 U.S.C. 5304). 

20 SEC. 3. FINDINGS. 

21 Congress finds that— 

22 (1) the Federal Government manages more 

23 than 640,000,000 acres of public land that was 

24 carved out of the ancestral homeland of Indian 

25 Tribes; 


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1 (2) Indians Tribes and members of Indian 

2 Tribes— 

3 (A) have maintained historical, religious, 

4 and spiritual connections to land now des5 ignated as public land; 

6 (B) continue to exercise treaty rights on 

7 public land; and 

8 (C) use public land to pray, conduct cere9 monies, visit burial sites, gather plants, and un10 dertake other traditional cultural activities; 

11 (3) treaties, Executive orders, court decisions, 

12 and Federal laws and regulations— 

13 (A) acknowledge the rights of Indian 

14 Tribes and members of Indian Tribes on public 

15 land; and 

16 (B) require public land managers to con17 sult with Indian Tribes prior to taking action 

18 that would impact those rights; and 

19 (4) efforts to commercially develop or transfer 

20 ownership of public land often ignore the rights and 

21 protections of Indian Tribes and have resulted in— 

22 (A) the desecration of sacred sites; 

23 (B) the diminishment of Tribal treaty 

24 rights; and 


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1 (C) the mismanagement of sacred sites, in2 cluding the looting of sacred objects and burial 

3 sites and the diminishment of harvests of tradi4 tional native plants used in religious ceremonies 

5 and for other purposes. 

6 SEC. 4. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 

8 (1) the preservation of Tribal cultural sites lo9 cated on public land is in the public interest; 

10 (2) through their unique history and traditional 

11 knowledge, Indian Tribes have an important role in 

12 managing Tribal cultural sites on public land; and 

13 (3) Tribal cultural sites on public land should 

14 be permanently protected for the benefit of Indian 

15 Tribes. 

16 SEC. 5. TRIBAL CULTURAL AREAS SYSTEM. 

17 (a) ESTABLISHMENT.—In order to preserve Tribal 

18 cultural sites on public land, there is established the Tribal 

19 Cultural Areas System. 

20 (b) PURPOSES.—The purposes of the System are— 

21 (1) to preserve opportunities for Indian Tribes 

22 to undertake religious, cultural, spiritual, medicinal, 

23 or traditional practices within Tribal cultural sites; 


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1 (2) to permanently protect the religious, cul2 tural, spiritual, scenic, ecological, medicinal, and tra3 ditional values of Tribal cultural sites; and 

4 (3) to enhance opportunities for Indian Tribes 

5 to engage in the preservation and management of 

6 Tribal cultural sites on public land. 

7 (c) AREAS INCLUDED.— 

8 (1) ELIGIBLE CULTURAL SITES.—Any Tribal 

9 cultural site located on public land is eligible to be 

10 designated by Congress as a Tribal cultural area for 

11 inclusion in the System. 

12 (2) DESIGNATION.—A Tribal cultural site may 

13 be designated as a Tribal cultural area for inclusion 

14 in the System only by an Act of Congress. 

15 (3) SECRETARIAL RECOMMENDATION.—In de16 termining whether to designate a Tribal cultural site 

17 as a Tribal cultural area for inclusion in the System, 

18 Congress shall take into consideration the rec19 ommendations of the Secretary concerned under 

20 subsections (a)(6) and (d)(3)(C)(ii)(I) of section 8. 

21 (4) REMOVAL.—A Tribal cultural area may be 

22 removed from the System only by an Act of Con23 gress. 

24 (d) MANAGEMENT.— 


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1 (1) IN GENERAL.—Subject to valid existing 

2 rights, the Secretary concerned shall manage Tribal 

3 cultural areas— 

4 (A) to preserve Tribal cultural sites within 

5 each Tribal cultural area; 

6 (B) in consultation with the applicable 

7 Tribal commission; and 

8 (C) in accordance with— 

9 (i) this Act; and 

10 (ii) any other applicable laws (includ11 ing regulations). 

12 (2) USES.— 

13 (A) IN GENERAL.—In accordance with this 

14 Act, the Secretary concerned shall only author15 ize new uses or existing uses within a Tribal 

16 cultural area that the Secretary determines, in 

17 consultation with the applicable Tribal commis18 sion, are consistent with— 

19 (i) the purposes described in sub20 section (b); 

21 (ii) the preservation of Tribal cultural 

22 sites within the Tribal cultural area; and 

23 (iii) this Act. 

24 (B) NEW USES.— 


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1 (i) IN GENERAL.—If the Secretary 

2 concerned determines under subparagraph 

3 (A) that a new use is consistent with the 

4 requirements of clauses (i) through (iii) of 

5 that subparagraph, before authorizing the 

6 new use, the Secretary concerned shall re7 quest agreement from the applicable Tribal 

8 commission. 

9 (ii) APPROVAL.—If the applicable 

10 Tribal commission agrees to the new use 

11 for which the Secretary concerned requests 

12 agreement under clause (i), or does not re13 spond to the request by the date that is 60 

14 days after the date on which the Secretary 

15 concerned makes the request under that 

16 clause, the Secretary concerned shall au17 thorize the new use. 

18 (iii) DENIAL.—If the applicable Tribal 

19 commission denies agreement for a new 

20 use by the date that is 30 days after the 

21 date on which the Secretary concerned 

22 makes the request under clause (i), the 

23 Secretary concerned shall— 

24 (I) consult with the applicable 

25 Tribal commission to determine speVerDate Sep 11 2014 04:06 Jun 18, 2022 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S4423.IS S4423

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1 cific measures to eliminate or mitigate 

2 potential adverse impacts to the Trib3 al cultural area resulting from the 

4 new use; and 

5 (II) authorize the new use, sub6 ject to the measures determined under 

7 subclause (I). 

8 (3) MANAGEMENT PLAN.— 

9 (A) IN GENERAL.—Not later than 3 years 

10 after the date on which a Tribal cultural area 

11 is designated for inclusion in the System, the 

12 Secretary concerned shall develop a comprehen13 sive plan for the management of the Tribal cul14 tural area in accordance with paragraph (2). 

15 (B) REQUIREMENTS.—In developing a 

16 management plan under subparagraph (A), the 

17 Secretary concerned shall— 

18 (i) closely collaborate with the applica19 ble Tribal commission in accordance with 

20 subparagraph (C); 

21 (ii) consult with— 

22 (I) Indian Tribes; 

23 (II) appropriate State and local 

24 governmental entities; and 

25 (III) members of the public; 


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1 (iii) at the request of an interested In2 dian Tribe identified under section 9(a)(1), 

3 include the interested Indian Tribe as a co4 operating agency in the development of the 

5 management plan; and 

6 (iv) to the maximum extent prac7 ticable, incorporate Native knowledge. 

8 (C) INCORPORATION OF RECOMMENDA9 TIONS.— 

10 (i) IN GENERAL.—In developing a 

11 management plan under subparagraph (A), 

12 the Secretary concerned shall carefully and 

13 fully consider incorporating the traditional, 

14 historical, and cultural knowledge and Na15 tive knowledge of the applicable Tribal 

16 commission, which shall be submitted to 

17 the Secretary concerned as written rec18 ommendations. 

19 (ii) CONSULTATION.—If the Secretary 

20 concerned determines that a specific rec21 ommendation submitted to the Secretary 

22 concerned under clause (i) is impracticable, 

23 infeasible, or not in the public interest, the 

24 Secretary concerned shall consult with the 

25 applicable Tribal commission to determine 


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1 specific measures to modify, or otherwise 

2 address, the recommendation. 

3 (iii) WRITTEN EXPLANATION.—If, 

4 after consultation under clause (ii), the 

5 Secretary concerned determines not to in6 corporate a specific recommendation sub7 mitted to the Secretary concerned under 

8 clause (i), the Secretary concerned shall 

9 provide to the Tribal commission a written 

10 explanation of the reason for the deter11 mination by the date that is 30 days after 

12 the date on which the determination is 

13 made. 

14 (4) ROAD CONSTRUCTION.— 

15 (A) IN GENERAL.—No new roads shall be 

16 constructed within a Tribal cultural area. 

17 (B) TEMPORARY ROADS.—No temporary 

18 roads shall be constructed within a Tribal cul19 tural area, except as necessary— 

20 (i) to meet the minimum requirements 

21 for the administration of the Tribal cul22 tural area; 

23 (ii) to protect public health and safe24 ty; 

25 (iii) to respond to an emergency; and 


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1 (iv) for the control of fire, insects, or 

2 diseases, subject to such terms and condi3 tions as the Secretary concerned deter4 mines to be appropriate. 

5 (C) EFFECT.—Subject to appropriations, 

6 the Secretary concerned shall maintain existing 

7 roads determined by the Secretary concerned, 

8 in consultation with the applicable Tribal com9 mission, to be necessary for authorized existing 

10 uses and the administration of the Tribal cul11 tural area. 

12 (5) MOTORIZED VEHICLES.— 

13 (A) IN GENERAL.—Except as provided in 

14 subparagraph (B), the use of motorized vehicles 

15 in a Tribal cultural area shall be permitted only 

16 on roads designated by the management plan 

17 for the use of motorized vehicles. 

18 (B) EXCEPTION.—The use of motorized 

19 vehicles shall be permitted in a Tribal cultural 

20 area on roads not designated by the manage21 ment plan for the use of motorized vehicles in 

22 cases in which the use is— 

23 (i) necessary— 

24 (I) for administrative purposes; 


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1 (II) to respond to an emergency; 

2 or 

3 (III) for traditional cultural pur4 poses, including the exercise of rights 

5 secured by treaty, statute, Executive 

6 order, or other Federal law; or 

7 (ii) determined necessary by the appli8 cable Tribal commission. 

9 (C) SAVINGS CLAUSE.—Nothing in this 

10 paragraph authorizes the use of motorized vehi11 cles on public land (as defined in section 

12 10(d)(1)) within a Tribal cultural area if the 

13 use is otherwise prohibited on the public land. 

14 (6) GRAZING.— 

15 (A) IN GENERAL.—Subject to subpara16 graph (B), the grazing of livestock in a Tribal 

17 cultural area established before the date on 

18 which the Tribal cultural area is designated for 

19 inclusion in the System shall be permitted to 

20 continue. 

21 (B) REQUIREMENT.— 

22 (i) CONSISTENCY REQUIRED.—Graz23 ing permitted under subparagraph (A) 

24 shall be— 

25 (I) subject to— 


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1 (aa) a determination by the 

2 Secretary concerned, in consulta3 tion with the applicable Tribal 

4 commission, that grazing may be 

5 carried out in a manner con6 sistent with the purposes for 

7 which the Tribal cultural area is 

8 established; 

9 (bb) such reasonable regula10 tions, policies, and practices as 

11 the Secretary concerned deter12 mines necessary; and 

13 (cc) applicable law (includ14 ing regulations); and 

15 (II) carried out in a manner con16 sistent with the purposes described in 

17 subsection (b). 

18 (ii) MODIFICATION.—On a determina19 tion by the Secretary concerned that graz20 ing within a Tribal cultural area is incon21 sistent with the purposes for which the 

22 Tribal cultural area is established, the Sec23 retary concerned shall modify or terminate 

24 the grazing permit or lease, as determined 

25 appropriate by the Secretary concerned. 


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1 (C) VOLUNTARY GRAZING PERMIT OR

2 LEASE DONATION PROGRAM.— 

3 (i) DONATION OF PERMIT OR

4 LEASE.— 

5 (I) ACCEPTANCE.—The Secretary 

6 concerned shall accept the donation of 

7 any valid existing permits or leases 

8 authorizing grazing on public land, all 

9 or a portion of which is within a Trib10 al cultural area. 

11 (II) TERMINATION.—The Sec12 retary concerned shall terminate any 

13 grazing permit or lease acquired 

14 under subclause (I). 

15 (III) NO NEW GRAZING PERMITS

16 OR LEASES.—Except as provided in 

17 clauses (ii) and (iii), with respect to 

18 each grazing permit and lease donated 

19 under subclause (I), the Secretary 

20 concerned— 

21 (aa) shall not issue any new 

22 grazing permit or lease within 

23 the grazing allotment covered by 

24 the grazing permit or lease; and 


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1 (bb) shall ensure a perma2 nent end to livestock grazing on 

3 the grazing allotment covered by 

4 the grazing permit or lease. 

5 (ii) DONATION OF PORTION OF GRAZ6 ING LEASE.— 

7 (I) IN GENERAL.—If a person 

8 holding a valid grazing permit or lease 

9 donates less than the full amount of 

10 grazing use authorized under the per11 mit or lease, the Secretary concerned 

12 shall— 

13 (aa) reduce the authorized 

14 grazing level to reflect the dona15 tion; and 

16 (bb) modify the permit or 

17 lease to reflect the revised level of 

18 use. 

19 (II) AUTHORIZED LEVEL.—To 

20 ensure that there is a permanent re21 duction in the authorized level of 

22 grazing on the land covered by a per23 mit or lease donated under subclause 

24 (I), the Secretary concerned shall not 

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1 thorized level established under that 

2 subclause. 

3 (iii) COMMON ALLOTMENTS.— 

4 (I) IN GENERAL.—If a grazing 

5 allotment covered by a grazing permit 

6 or lease or portion of a grazing permit 

7 or lease that is donated under clause 

8 (i) or (ii) also is covered by another 

9 grazing permit or lease that is not do10 nated, the Secretary concerned shall 

11 reduce the grazing level on the graz12 ing allotment to reflect the donation. 

13 (II) AUTHORIZED LEVEL.—To 

14 ensure that there is a permanent re15 duction in the level of livestock graz16 ing on the land covered by a grazing 

17 permit or lease or portion of a grazing 

18 permit or lease donated under clause 

19 (i) or (ii), the Secretary concerned 

20 shall not allow grazing to exceed the 

21 level established under subclause (I). 

22 (7) VEGETATION MANAGEMENT.— 

23 (A) IN GENERAL.—Subject to subpara24 graph (B), vegetation management within a 

25 Tribal cultural area may be permitted— 


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1 (i) if necessary to protect, maintain, 

2 or enhance a Tribal cultural area (includ3 ing the enhancement of traditional food or 

4 material gathering); and 

5 (ii) for restoration purposes. 

6 (B) REQUIREMENT.—Vegetation manage7 ment permitted under subparagraph (A) shall 

8 be— 

9 (i) subject to— 

10 (I) such reasonable regulations, 

11 policies, and practices as the Sec12 retary concerned determines nec13 essary; and 

14 (II) applicable law (including reg15 ulations); and 

16 (ii) in a manner consistent with the 

17 purposes described in subsection (b). 

18 (e) VALID EXISTING RIGHTS.—The designation of a 

19 Tribal cultural area shall be subject to valid existing 

20 rights. 

21 (f) WITHDRAWAL.—Subject to valid existing rights, 

22 all public land within a Tribal cultural area, and all land 

23 and interests in land acquired by the United States within 

24 a Tribal cultural area, shall be withdrawn from— 


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1 (1) all forms of entry, appropriation, or disposal 

2 under the public land laws; 

3 (2) location, entry, and patent under the mining 

4 laws; and 

5 (3) operation of the mineral leasing, mineral 

6 materials, and geothermal leasing laws. 

7 (g) TRIBAL CULTURAL AND RELIGIOUS USES.— 

8 (1) IN GENERAL.—Nothing in this Act dimin9 ishes any Tribal rights regarding access to public 

10 land for Tribal activities, including spiritual, cul11 tural, medicinal, and traditional food gathering ac12 tivities. 

13 (2) TRIBAL USES AND INTERESTS.— 

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

15 applicable law, and subject to section 10(d)(3), 

16 the Secretary concerned shall ensure access to 

17 a Tribal cultural area by members of an inter18 ested Indian Tribe for traditional cultural and 

19 religious purposes. 

20 (B) TEMPORARY CLOSURE.— 

21 (i) IN GENERAL.—In carrying out 

22 subparagraph (A), the Secretary con23 cerned, in consultation with the applicable 

24 Tribal commission, on request of an Indian 

25 Tribe or applicable Tribal commission, may 


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1 temporarily close to the general public the 

2 use of 1 or more specific portions of a 

3 Tribal cultural area to protect the privacy 

4 of cultural, religious, and food and medic5 inal and materials gathering activities by 

6 members of the Indian Tribe. 

7 (ii) REQUIREMENTS.— 

8 (I) IN GENERAL.—Any closure 

9 under clause (i) shall be made so as 

10 to affect the smallest practicable area 

11 for the minimum period of time nec12 essary. 

13 (II) ACCESS.—Access by mem14 bers of an Indian Tribe to a portion 

15 of a Tribal cultural area closed under 

16 clause (i) shall be consistent with the 

17 purpose and intent of Public Law 95– 

18 341 (commonly known as the ‘‘Amer19 ican Indian Religious Freedom Act’’) 

20 (42 U.S.C. 1996 et seq.) and other 

21 applicable law. 

22 (h) FEDERALLY SECURED RIGHTS; INDIAN LAND.— 

23 (1) FEDERALLY SECURED RIGHTS.—Nothing in 

24 this Act alters, modifies, enlarges, diminishes, or ab25 rogates rights secured by treaty, statute, Executive 


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1 order, or other Federal law of any Indian Tribe, in2 cluding off-reservation reserved rights. 

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

4 any Indian land. 

5 (i) LAW ENFORCEMENT.— 

6 (1) IN GENERAL.—The Secretary concerned, in 

7 coordination with the applicable Tribal commission, 

8 shall ensure adequate law enforcement presence with 

9 respect to law enforcement matters under the juris10 diction of the Secretary concerned to maintain the 

11 integrity of a Tribal cultural area. 

12 (2) NO EFFECT ON JURISDICTION.—Nothing in 

13 this Act limits or otherwise affects the civil or crimi14 nal regulatory jurisdiction, including law enforce15 ment, for issues under the jurisdiction of an Indian 

16 Tribe. 

17 SEC. 6. TRIBAL COMMISSION. 

18 (a) IN GENERAL.—To ensure that the management 

19 of a Tribal cultural area reflects the expertise and tradi20 tional, cultural, ecological, and historical knowledge and 

21 Native knowledge of members of interested Indian Tribes, 

22 not later than 180 days after the date on which the Tribal 

23 cultural area is designated for inclusion in the System, the 

24 Secretary concerned shall establish for the Tribal cultural 

25 area a Tribal commission. 


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1 (b) DUTIES.—Each Tribal commission shall provide 

2 guidance and recommendations on the development and 

3 implementation of the management plan for, and policies 

4 of, the applicable Tribal cultural area. 

5 (c) MEMBERSHIP.— 

6 (1) COMPOSITION.—Each Tribal commission 

7 shall consist of the representatives designated by 

8 each interested Indian Tribe with a historical asso9 ciation with the land within the boundaries of the 

10 Tribal cultural area for which the Tribal commission 

11 is established (with a maximum of 1 representative 

12 per interested Indian Tribe). 

13 (2) PROCESS.—The Secretary concerned shall 

14 conduct government-to-government consultation with 

15 each interested Indian Tribe with a historical asso16 ciation with the land within the boundaries of the 

17 Tribal cultural area for which the Tribal commission 

18 is established to determine whether the interested 

19 Indian Tribe may designate a representative to be a 

20 member of the Tribal commission under paragraph 

21 (1). 

22 (d) EXEMPTION.—The Federal Advisory Committee 

23 Act (5 U.S.C. App.) shall not apply to any Tribal commis24 sion. 


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1 SEC. 7. SELF-DETERMINATION CONTRACTS. 

2 (a) IN GENERAL.—The Secretary concerned may 

3 contract with 1 or more Indian Tribes or Tribal organiza4 tions to perform administrative or management functions 

5 within a Tribal cultural area through contracts entered 

6 into under the Indian Self-Determination and Education 

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

8 (b) TRIBAL ASSISTANCE.—The Secretary concerned 

9 may provide technical and financial assistance to an In10 dian Tribe in accordance with section 103 of the Indian 

11 Self-Determination and Education Assistance Act (25 

12 U.S.C. 5322) to improve the capacity of the Indian Tribe 

13 to develop, enter into, and carry out activities under a con14 tract under subsection (a). 

15 SEC. 8. AGENCY RECOMMENDATIONS. 

16 (a) INITIAL AGENCY RECOMMENDATIONS.—Not later 

17 than 3 years after the date of enactment of this Act, the 

18 Secretary concerned, in consultation with interested In19 dian Tribes, shall— 

20 (1) establish criteria for recommending Tribal 

21 cultural sites for designation as Tribal cultural areas 

22 for inclusion in the System, using the factors de23 scribed in subsection (b); 

24 (2) solicit recommendations for Tribal cultural 

25 sites on land under the jurisdiction of the Secretary 


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1 concerned to be designated as Tribal cultural areas 

2 for inclusion in the System from— 

3 (A) any interested Indian Tribe; 

4 (B) any applicable State Historic Preserva5 tion Officer; and 

6 (C) any applicable Tribal Historic Preser7 vation Officer; 

8 (3) review designations in local land manage9 ment plans to identify Tribal cultural sites that meet 

10 the criteria established by the Secretary concerned 

11 under paragraph (1); 

12 (4) consider any other relevant information, in13 cluding oral histories, traditional knowledge, Native 

14 knowledge, and traditional ecological knowledge, re15 garding Tribal cultural sites on public land that may 

16 qualify for designation as a Tribal cultural area; 

17 (5) consider and evaluate Tribal cultural sites, 

18 including Tribal cultural sites identified under para19 graphs (2) through (4), for designation as a Tribal 

20 cultural area for inclusion in the System; and 

21 (6) make recommendations to Congress regard22 ing Tribal cultural sites that the Secretary con23 cerned determines should be designated as Tribal 

24 cultural areas for inclusion in the System. 


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1 (b) FACTORS.—The factors that the Secretary con2 cerned shall consider in establishing criteria for recom3 mending a Tribal cultural site for designation as a Tribal 

4 cultural area for inclusion in the System under subsection 

5 (a)(1) shall include— 

6 (1) the importance of the potential Tribal cul7 tural area to an Indian Tribe or members of an In8 dian Tribe for traditional cultural activities, includ9 ing praying, conducting ceremonies, visiting burial 

10 sites, gathering plants, and undertaking other tradi11 tional cultural activities; 

12 (2) the past or present cultural, traditional, and 

13 historical affiliations of an Indian Tribe to the po14 tential Tribal cultural area; 

15 (3) the existence of rights secured by treaty, 

16 statute, Executive order, or other Federal law; and 

17 (4) recommendations made by 1 or more Indian 

18 Tribes. 

19 (c) ONGOING AGENCY RECOMMENDATIONS.—As a 

20 part of any update or revision of a local land management 

21 plan, the Secretary concerned shall identify, evaluate, and 

22 make recommendations regarding any Tribal cultural sites 

23 on land covered by the local land management plan that 

24 would be suitable for designation as Tribal cultural areas 

25 for inclusion in the System. 


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1 (d) ADDITIONAL AREAS.— 

2 (1) IN GENERAL.—One or more interested In3 dian Tribes may submit to the Secretary concerned 

4 a petition to recommend the designation of a Tribal 

5 cultural area for inclusion in the System. 

6 (2) CONTENTS.—A petition under paragraph 

7 (1) shall contain— 

8 (A) a description of the cultural signifi9 cance and history of the proposed Tribal cul10 tural area; 

11 (B) a map showing specific boundaries of 

12 the proposed Tribal cultural area; and 

13 (C) a list of interested Indian Tribes that 

14 possess cultural, religious, historic, or 

15 precontact connections to the proposed Tribal 

16 cultural area. 

17 (3) APPROVAL PROCESS.— 

18 (A) IN GENERAL.—Not later than 18 

19 months after the date on which a petition is 

20 submitted under paragraph (1), the Secretary 

21 concerned shall approve or deny the petition. 

22 (B) FAILURE TO MEET DEADLINE.— 

23 (i) IN GENERAL.—Subject to clause 

24 (ii), if the Secretary concerned does not 

25 approve or deny a petition submitted under 


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1 paragraph (1) by the deadline described in 

2 subparagraph (A), the petition shall be 

3 considered to have been denied by the Sec4 retary concerned. 

5 (ii) EXTENSION.—The Secretary con6 cerned and the 1 or more Indian Tribes 

7 that submitted the petition may mutually 

8 agree to extend the deadline for responding 

9 to the petition under subparagraph (A). 

10 (C) APPROVAL.— 

11 (i) IN GENERAL.—The Secretary con12 cerned shall approve a petition submitted 

13 under paragraph (1) unless the Secretary 

14 concerned determines that— 

15 (I) the proposed Tribal cultural 

16 area does not meet the criteria estab17 lished under subsection (a)(1); or 

18 (II) approving the petition— 

19 (aa) would violate Federal 

20 law; or 

21 (bb) is not in the public in22 terest. 

23 (ii) RECOMMENDATIONS.—On ap24 proval of a petition submitted under para25 graph (1), the Secretary concerned shall— 


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1 (I) recommend that Congress 

2 designate the proposed Tribal cultural 

3 area for inclusion in the System; and 

4 (II) manage the proposed Tribal 

5 cultural area in accordance with sub6 section (e). 

7 (D) DENIAL.—Not later than 60 days 

8 after the date on which the Secretary con9 cerned, as applicable, denies a petition sub10 mitted under paragraph (1) or fails to meet the 

11 applicable deadline described in subparagraph 

12 (B), the Secretary concerned shall provide to 

13 the 1 or more interested Indian Tribes that 

14 submitted the petition— 

15 (i) a written response detailing the 

16 reasons why the Secretary concerned de17 nied the petition; and 

18 (ii) an opportunity to correct any defi19 ciencies in the petition. 

20 (e) MANAGEMENT OF RECOMMENDED AREAS.— 

21 (1) IN GENERAL.—Until Congress determines 

22 otherwise, the Secretary concerned shall— 

23 (A) manage each recommended Tribal cul24 tural area— 


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1 (i) in a manner so as to preserve the 

2 Tribal cultural sites and cultural values of 

3 the area; and 

4 (ii) in accordance with— 

5 (I) paragraphs (4) through (7) of 

6 section 5(d); and 

7 (II) subsections (g) through (i) of 

8 section 5; and 

9 (B) only allow such uses in the rec10 ommended Tribal cultural area as are con11 sistent with preserving Tribal cultural sites and 

12 cultural values of the area, as determined by 

13 the Secretary concerned after consultation with 

14 interested Indian Tribes. 

15 (2) WITHDRAWAL.—Subject to valid existing 

16 rights, until Congress has determined otherwise, the 

17 Secretary concerned shall withdraw all public land 

18 within a recommended Tribal cultural area from— 

19 (A) all forms of entry, appropriation, or 

20 disposal under the public land laws; 

21 (B) location, entry, and patent under the 

22 mining laws; and 

23 (C) operation of the mineral leasing, min24 eral materials, and geothermal leasing laws. 


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1 (3) CONSULTATION.—The Secretary concerned 

2 shall consult with interested Indian Tribes with an 

3 interest in a recommended Tribal cultural area not 

4 less frequently than twice each year to discuss— 

5 (A) the protection and management of the 

6 recommended Tribal cultural area; and 

7 (B) proposed new uses of the rec8 ommended Tribal cultural area. 

9 SEC. 9. TRIBAL COORDINATION. 

10 (a) SELECTION.— 

11 (1) IN GENERAL.—Not later than 180 days 

12 after the date on which a Tribal cultural area is des13 ignated for inclusion in the System, the Secretary 

14 concerned, in consultation with the Director of the 

15 Bureau of Indian Affairs, shall identify 1 or more 

16 interested Indian Tribes with an interest in the 

17 management of the Tribal cultural area. 

18 (2) INTERESTED INDIAN TRIBES.—An inter19 ested Indian Tribe may petition the Secretary con20 cerned to be identified as having an interest in the 

21 management of a Tribal cultural area under para22 graph (1). 

23 (b) CONSULTATION.— 

24 (1) IN GENERAL.—The Secretary concerned 

25 shall consult with the applicable Tribal commission 


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1 not less frequently than twice each year, unless oth2 erwise mutually agreed, concerning the protection, 

3 preservation, and management of the applicable 

4 Tribal cultural area, including— 

5 (A) any proposed new uses within the 

6 Tribal cultural area; and 

7 (B) any necessary management actions 

8 within the Tribal cultural area. 

9 (2) TRIBAL MANAGEMENT PROPOSALS.—The 

10 Secretary concerned shall consider any proposals for 

11 management actions within a Tribal cultural area 

12 submitted by the applicable Tribal commission. 

13 (3) CONSIDERATION.—If the Secretary con14 cerned determines that a proposed management ac15 tion submitted to the Secretary concerned under 

16 paragraph (2) is impracticable, infeasible, or not in 

17 the public interest, the Secretary concerned shall 

18 consult with the applicable Tribal commission to de19 termine specific measures to modify, or otherwise 

20 address, the proposed management action. 

21 (4) WRITTEN EXPLANATION.—If, after con22 sultation under paragraph (3), the Secretary con23 cerned determines not to implement a proposed 

24 management action submitted to the Secretary con25 cerned under paragraph (2), not later than 90 days 


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1 after making such a determination, the Secretary 

2 concerned shall provide to the applicable Tribal com3 mission a written explanation of the reason for the 

4 determination. 

5 SEC. 10. EFFECT. 

6 (a) ENVIRONMENTAL REQUIREMENTS.— 

7 (1) DEFINITION OF FEDERAL ENVIRONMENTAL

8 LAW.—In this subsection, the term ‘‘Federal envi9 ronmental law’’ means— 

10 (A) the Federal Water Pollution Control 

11 Act (33 U.S.C. 1251 et seq.); 

12 (B) the National Environmental Policy Act 

13 of 1969 (42 U.S.C. 4321 et seq.); and 

14 (C) any other applicable Federal environ15 mental law (including regulations). 

16 (2) EFFECT.—Nothing in this Act alters or 

17 abridges the application of any Federal environ18 mental law. 

19 (3) ENVIRONMENTAL ANALYSES.—Nothing in 

20 this Act authorizes the Secretary concerned, an In21 dian Tribe, or a Tribal organization to waive comple22 tion of any necessary environmental analysis under 

23 applicable Federal environmental law. 

24 (4) RETENTION OF NEPA RESPONSIBILITIES.— 

25 The Secretary concerned shall make any decision reVerDate Sep 11 2014 04:06 Jun 18, 2022 Jkt 029200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S4423.IS S4423

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1 quired to be made under the National Environ2 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

3 or other applicable Federal environmental law with 

4 respect to any activity to be carried out on public 

5 land under this Act. 

6 (b) APPLICABILITY OF THE ADMINISTRATIVE PROCE7 DURE ACT.—Nothing in this Act alters or abridges the 

8 application of subchapter II of chapter 5, or chapter 7, 

9 of title 5, United States Code (commonly known as the 

10 ‘‘Administrative Procedure Act’’), to this Act. 

11 (c) FISH AND WILDLIFE.—Nothing in this Act— 

12 (1) alters or abridges the application of the En13 dangered Species Act of 1973 (16 U.S.C. 1531 et 

14 seq.); or 

15 (2) affects— 

16 (A) the jurisdiction or responsibilities of a 

17 State with respect to fish or wildlife; or 

18 (B) the jurisdiction of any Indian Tribe 

19 with respect to fish or wildlife. 

20 (d) PUBLIC ACCESS.—Except as otherwise provided 

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

22 land within a Tribal cultural area or a recommended Trib23 al cultural area. 

24 (e) WATER RIGHTS.— 

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


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1 (A) constitutes an express or implied res2 ervation by the United States of water or water 

3 rights for any purpose; or 

4 (B) modifies or otherwise affects any water 

5 rights existing on the date of enactment of this 

6 Act, including any water rights held by the 

7 United States. 

8 (2) STATE WATER LAW.—The Secretary con9 cerned shall follow the procedural and substantive 

10 requirements of the applicable State and Federal law 

11 to obtain and hold any water rights not in existence 

12 on the date of enactment of this Act with respect to 

13 any Tribal cultural area. 

14 (f) SPECIAL MANAGEMENT AREAS.— 

15 (1) DEFINITION OF PUBLIC LAND.—In this 

16 subsection, the term ‘‘public land’’ includes— 

17 (A) a unit of the National Park System; 

18 (B) a unit of the National Wildlife Refuge 

19 System; 

20 (C) a component of the National Wilder21 ness Preservation System; 

22 (D) a designated wilderness study area or 

23 other area managed for wilderness characteris24 tics; 

25 (E) a National Conservation Area; 


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1 (F) a National Monument; 

2 (G) a National Volcanic Monument; 

3 (H) a National Recreation Area; 

4 (I) a National Scenic Area; 

5 (J) an inventoried roadless area within the 

6 National Forest System; 

7 (K) a component of the National Wild and 

8 Scenic Rivers System; and 

9 (L) any other area identified as National 

10 Conservation Lands. 

11 (2) EFFECT.—The designation of a Tribal cul12 tural area for inclusion in the System shall not di13 minish the protections granted to, or the manage14 ment status of, any public land or any portion of 

15 public land. 

16 (3) CONFLICT OF LAWS.—If there is a conflict 

17 between the laws (including regulations) applicable 

18 to an area described in paragraph (1) and this Act, 

19 the more restrictive provision shall control. 

20 (g) NONDISCLOSURE.— 

21 (1) IN GENERAL.—The Secretary concerned 

22 shall not disclose to the public information regarding 

23 the nature or location of any sacred site if the Sec24 retary concerned determines, in consultation with 


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1 any interested Indian Tribe, that such a disclosure 

2 may— 

3 (A) risk harm to the cultural resources of 

4 the sacred site; 

5 (B) cause a significant invasion of privacy; 

6 or 

7 (C) impede the use of the sacred site for 

8 traditional cultural activities by an Indian Tribe 

9 or members of an Indian Tribe. 

10 (2) FREEDOM OF INFORMATION ACT APPLICA11 BILITY.— 

12 (A) IN GENERAL.—Information described 

13 in paragraph (1) shall be exempt from disclo14 sure under section 552 of title 5, United States 

15 Code. 

16 (B) APPLICABILITY.—For purposes of sub17 paragraph (A), this subsection shall be consid18 ered a statute described in section 552(b)(3)(B) 

19 of title 5, United States Code. 

Æ 


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