Advancing Tribal Parity on Public Land Act

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. Short title This Act may be cited as the Advancing Tribal Parity on Public Land Act 2. Preventing disposal of cultural sites (a) In general (1) Definitions In this subsection: (A) Cultural site The term cultural site (i) a sacred site; (ii) a historic property (as defined in section 800.16 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act)); or (iii) a landform or landscape that— (I) is the site of important customs, practices, objects, places, religions, or ceremonies of Indian Tribes; (II) is important to an Indian Tribe for the undertaking of religious, cultural, spiritual, or traditional practices; (III) is connected through features or ceremonies to other sites or a larger sacred landscape, as determined by an Indian Tribe; or (IV) contains unique or important traditional Tribal food, medicinal, or material gathering areas. (B) Former reservation The term former reservation (C) Indian tribe The term Indian Tribe 25 U.S.C. 5131 (D) Interested Indian Tribe The term interested Indian Tribe 43 U.S.C. 1713 16 U.S.C. 580d Public Law 109–54 Public Law 97–465 Small Tract Act of 1983 16 U.S.C. 521d(a)(1) (i) historic, precontact, cultural, or religious connection to a cultural site located on the tract of public land; (ii) a former reservation located on the tract of public land; or (iii) treaty rights or other reserved rights associated with the tract of public land. (E) Public land The term public land (i) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 (ii) National Forest System land. (F) Sacred site The term sacred site (G) Secretary concerned The term Secretary concerned (i) with respect to public land described in subparagraph (E)(i), the Secretary of the Interior; and (ii) with respect to public land described in subparagraph (E)(ii), the Secretary of Agriculture. (2) Consideration of tribal interests The Secretary concerned may not dispose of a tract of public land under, as applicable, section 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1713 16 U.S.C. 580d Public Law 109–54 Public Law 97–465 Small Tract Act of 1983 16 U.S.C. 521d(a)(1) (A) would not impact the rights and interests of any interested Indian Tribe; and (B) would not impair access to a reservation. (3) Notification If the Secretary concerned determines under paragraph (2) that disposal of a tract of public land under that paragraph would not impact the rights and interests of an interested Indian Tribe and would not impair access to a reservation, prior to conducting a sale of the tract of public land, the Secretary concerned shall notify all Indian Tribes of the availability of the tract for sale— (A) in accordance with— (i) Executive Order 13175 ( 25 U.S.C. 5301 (ii) chapter 1780 of the Bureau of Land Management Manual (or successor regulations), with respect to public land described in paragraph (1)(E)(i); and (iii) chapter 1563 of the Forest Service Manual (or successor regulations), with respect to public land described in paragraph (1)(E)(ii); and (B) in a manner that— (i) the Secretary concerned determines provides adequate notice to each Indian Tribe of the availability of the tract for sale; and (ii) uses any methods or modes of communication by which an Indian Tribe has requested to be notified of the availability of the tract for sale. (4) Tribal right of first refusal (A) Sale to Indian tribe If an interested Indian Tribe notified of the proposed sale of a tract of public land under paragraph (3) submits to the Secretary concerned a bid to buy the tract for fair market value by not later than 60 days after receiving the notification, the Secretary concerned shall sell the tract to the interested Indian Tribe. (B) Multiple bids (i) In general If more than 1 interested Indian Tribe submits a bid to purchase a tract of public land under subparagraph (A), the Secretary concerned shall defer the sale of the tract for a period of not more than 180 days, unless an extension is agreed to by the interested Indian Tribes that submitted bids and the Secretary concerned, to allow the Secretary concerned and interested Indian Tribes to develop a mutually agreeable sale of the tract to 1 or more interested Indian Tribes. (ii) Agreement If the Secretary concerned and the interested Indian Tribes reach an agreement under clause (i), the Secretary shall execute the terms of that agreement in accordance with applicable law (including regulations). (iii) Failure to reach agreement If, at the end of, as applicable, the 180-day period described in clause (i) or any extended period agreed to under that clause, the Secretary concerned and the interested Indian Tribes fail to reach an agreement regarding the sale of the applicable tract of public land, the Secretary concerned shall not, for a period of 5 years following the end of that 180-day period, offer the tract for sale. (C) Mandatory trust acquisition A tract of public land acquired by an interested Indian Tribe under this paragraph shall be taken into and held in trust by the Secretary of the Interior for the benefit of the interested Indian Tribe. (5) Appraisal standards The fair market value of a tract of public land to be sold under this subsection shall be determined pursuant to an appraisal conducted in accordance with— (A) the Uniform Appraisal Standards for Federal Land Acquisitions; and (B) the Uniform Standards of Professional Appraisal Practice. (b) Federal land policy and management act of 1976 amendments (1) Exchanges Section 206(a) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(a) (A) by inserting , the interests of Indian Tribes, better Federal land management (B) by striking (a) A tract (a) Authorization (1) Definition of Indian Tribe In this subsection, the term Indian Tribe 25 U.S.C. 5131 (2) Authorization A tract . (2) Coordination with state, local, and Tribal governments (A) In general Section 210 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1720 (i) in the first sentence— (I) by striking are located and the head are located, the head (II) by inserting and interested Indian Tribes area within which such lands are located, (ii) by striking the section heading and designation and all that follows through At least sixty 210. Coordination with State, local, and Tribal governments (a) Definitions In this section: (1) Cultural site The term cultural site (A) a sacred site; (B) a historic property (as defined in section 800.16 of title 36, Code of Federal Regulations (as in effect on the date of enactment of the Advancing Tribal Parity on Public Land Act (C) a landform or landscape that— (i) is the site of important customs, practices, objects, places, religions, or ceremonies of Indian Tribes; (ii) is important to an Indian Tribe for the undertaking of religious, cultural, spiritual, or traditional practices; (iii) is connected through features or ceremonies to other sites or a larger sacred landscape, as determined by an Indian Tribe; or (iv) contains unique or important traditional Tribal food, medicinal, or material gathering areas. (2) Former reservation The term former reservation (3) Indian tribe The term Indian Tribe 25 U.S.C. 5131 (4) Interested Indian Tribe The term interested Indian Tribe (A) historic, precontact, cultural, or religious connection to a cultural site located on the tract of public lands; (B) a former reservation located on the tract of public lands; or (C) treaty rights or other reserved rights that can be exercised on the tract of public lands. (5) Sacred site The term sacred site (b) Notification At least 60 . (B) Conforming amendment The table of contents for the Federal Land Policy and Management Act of 1976 ( Public Law 94–579 Sec. 210. Coordination with State, local, and Tribal governments. . (c) Federal land transaction facilitation act amendments (1) Definitions Section 203 of the Federal Land Transaction Facilitation Act ( 43 U.S.C. 2302 (A) in paragraph (1)— (i) by inserting , including sacred sites and land that affect the exercise of treaty or other reserved rights, value (ii) by striking Federal, State, or local Federal, State, Tribal, or local (B) by redesignating paragraphs (1), (2), (3), (4), (5), and (6) as paragraphs (2), (3), (5), (7), (9), and (11), respectively; (C) by inserting before paragraph (2) (as so redesignated) the following: (1) Cultural site The term cultural site (A) a sacred site; (B) a historic property (as defined in section 800.16 of title 36, Code of Federal Regulations (as in effect on the date of enactment of the Advancing Tribal Parity on Public Land Act (C) a landform or landscape that— (i) is the site of important customs, practices, objects, places, religions, or ceremonies of Indian Tribes; (ii) is important to an Indian Tribe for the undertaking of religious, cultural, spiritual, or traditional practices; (iii) is connected through features or ceremonies to other sites or a larger sacred landscape, as determined by an Indian Tribe; or (iv) contains unique or important traditional Tribal food, medicinal, or material gathering areas. ; (D) by inserting after paragraph (3) (as so redesignated) the following: (4) Former reservation The term former reservation ; (E) by inserting after paragraph (5) (as so redesignated) the following: (6) Indian Tribe The term Indian Tribe 25 U.S.C. 5131 ; (F) by inserting after paragraph (7) (as so redesignated) the following: (8) Interested Indian Tribe The term interested Indian Tribe (A) historic, precontact, cultural, or religious connection to a cultural site located on the inholding; (B) a former reservation located on the inholding; or (C) treaty rights or other reserved rights that can be exercised on the inholding. ; and (G) by inserting after paragraph (9) (as so redesignated) the following: (10) Sacred site The term sacred site . (2) Public notice of inholdings procedures Section 204(b) of the Federal Land Transaction Facilitation Act ( 43 U.S.C. 2303(b) , including notice to all interested Indian Tribes, public notice (3) Federal land disposal account Section 206(c)(3) of the Federal Land Transaction Facilitation Act ( 43 U.S.C. 2305(c)(3) (A) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (B) by inserting after subparagraph (B) the following: (C) the extent to which the acquisition of the land or interest therein will uphold the United States treaty and trust obligations to Indian Tribes and the preservation of Native American culture and religion; . (d) Recreation and public purposes act amendments (1) In general The first section of the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act 43 U.S.C. 869 (A) by striking the section designation and all that follows through (a) The Secretary 1. Disposal of lands for public or recreational purposes (a) Authority To dispose of public lands (1) Definitions In this subsection: (A) Cultural site The term cultural site (i) a sacred site; (ii) a historic property (as defined in section 800.16 of title 36, Code of Federal Regulations (as in effect on the date of enactment of the Advancing Tribal Parity on Public Land Act (iii) a landform or landscape that— (I) is the site of important customs, practices, objects, places, religions, or ceremonies of Indian Tribes; (II) is important to an Indian Tribe for the undertaking of religious, cultural, spiritual, or traditional practices; (III) is connected through features or ceremonies to other sites or a larger sacred landscape, as determined by an Indian Tribe; or (IV) contains unique or important traditional Tribal food, medicinal, or material gathering areas. (B) Former reservation The term former reservation (C) Indian Tribe The term Indian Tribe 25 U.S.C. 5131 (D) Interested Indian tribe The term interested Indian Tribe (i) historic, precontact, cultural, or religious connection to a cultural site located on the tract of public lands; (ii) a former reservation located on the tract of public lands; or (iii) treaty rights or other reserved rights that can be exercised on the tract of public lands. (E) Sacred site The term sacred site (2) Authority The Secretary ; and (B) in subsection (a)(2) (as so designated)— (i) in the first sentence, by striking State, Territory State, Indian Tribe, Territory (ii) in the second sentence, by inserting that disposal of the land will not impact the rights and interests of an interested Indian Tribe, established or definitely proposed project, (2) Sale or lease to Indian Tribes Section 2 of the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act 43 U.S.C. 869–1 (A) in subsection (a) by striking State, Territory State, Indian Tribe, Territory (B) in subsection (b) by striking State, Territory, county State, Indian Tribe, Territory, county (e) Small tracts act amendments The first section of Public Law 97–465 Small Tract Act of 1983 16 U.S.C. 521c (1) in the matter preceding paragraph (1), by striking That for purposes of this Act means a land transfer 1. Definitions In this Act: (1) Indian Tribe The term Indian Tribe 25 U.S.C. 5131 (2) Interchange The term interchange ; and (2) in paragraph (2), by striking may prescribe; and (3) Person The term person (4) Secretary The term Secretary . (f) Education land grant act amendments Section 202(a) of the Education Land Grant Act ( 16 U.S.C. 479a(a) (1) in the matter preceding paragraph (1), by inserting or an entity that operates or controls a school funded by the Bureau of Indian Education public school district (2) in paragraph (1), by inserting or the entity that operates or controls a school funded by the Bureau of Indian Education public school district (g) Miscellaneous provisions (1) Selection of school lands on ceded Indian reservations The first section of the Act of March 2, 1895, is amended by striking the following: That any State or Territory entitled to indemnity school lands or entitled to select lands for educational purposes under existing law may select such lands within the boundaries of any Indian reservation in such State or Territory from the surplus lands thereof, purchased by the United States after allotments have been made to the Indians of such reservation, and prior to the opening of such reservation to settlement. 43 U.S.C. 856 (2) Representation of Indian claimants in suits to determine right to school lands The Act of March 2, 1901 (31 Stat. 950, chapter 808; 43 U.S.C. 868 (3) Townsites Public Law 85–569 ( 16 U.S.C. 478a (A) in the first sentence, by striking would serve indigenous community objectives that outweigh the public objectives and values which would be served by maintaining such tract in Federal ownership, he may is in the public interest, the Secretary may (B) in the second sentence— (i) by striking county, city, or other local governmental subdivision Indian tribe (as defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 (ii) by striking for sale to a governmental subdivision for sale to an Indian tribe or governmental subdivision (iii) by striking will be controlled by the governmental subdivision will be controlled by the Indian tribe or governmental subdivision 3. Increased consultation (a) Inventory and identification Section 201(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1711(b) State and local State, local, and Tribal (b) Land use planning Section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 (1) in subsection (c)(9), by striking State and local State, local, and Tribal (2) in subsection (f), by striking Federal, State, and local Federal, State, local, and Tribal (c) Advisory councils and public participation Section 309 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1739 (1) in subsection (a)— (A) in the fifth sentence, by striking The establishment (6) Requirement The establishment ; (B) in the fourth sentence, by striking Appointments (5) Appointments Appointments ; (C) in the third sentence, by striking To the extent (4) No duplication To the extent ; (D) in the second sentence, by striking At least one member of each council (3) Requirements for membership (A) In general At least 1 member of each advisory council established under this section ; and (E) in the first sentence, by inserting and Tribal interests concerning (2) by striking the section heading and designation and all that follows through (a) The Secretary 309. Advisory councils and public participation (a) Establishment of advisory councils (1) Definitions In this subsection: (A) Cultural site The term cultural site (i) a sacred site; (ii) a historic property (as defined in section 800.16 of title 36, Code of Federal Regulations (as in effect on the date of enactment of the Advancing Tribal Parity on Public Land Act (iii) a landform or landscape that— (I) is the site of important customs, practices, objects, places, religions, or ceremonies of Indian Tribes; (II) is important to an Indian Tribe for the undertaking of religious, cultural, spiritual, or traditional practices; (III) is connected through features or ceremonies to other sites or a larger sacred landscape, as determined by an Indian Tribe; or (IV) contains unique or important traditional Tribal food, medicinal, or material gathering areas. (B) Former reservation The term former reservation (C) Indian Tribe The term Indian Tribe 25 U.S.C. 5131 (D) Interested Indian Tribe The term interested Indian Tribe (i) historic, precontact, cultural, or religious connection to a cultural site located on the public lands; (ii) a former reservation located on the public lands; or (iii) treaty rights or other reserved rights that can be exercised on the public lands. (E) Sacred site The term sacred site (2) Establishment The Secretary ; and (3) in subsection (a), in paragraph (3) (as so designated), by adding at the end the following: (B) Interested indian Tribes At least 1 member of each advisory council established under this section shall be a representative of an interested Indian Tribe. . (d) Improved planning (1) Development and management of national forests Section 3 of the Multiple-Use Sustained-Yield Act of 1960 ( 16 U.S.C. 530 and others , interested Indian Tribes, and others (2) Definition of Indian Tribe Section 4 of the Multiple-Use Sustained-Yield Act of 1960 ( 16 U.S.C. 531 (A) by striking the section designation and all that follows through means: The 4. Definitions In this Act: (1) Indian Tribe The term Indian Tribe 25 U.S.C. 5131 (2) Multiple use The term multiple use (A) the ; (B) in paragraph (2)(A) (as so designated), by striking making the most (B) making the most ; (C) in paragraph (2)(B) (as so designated), by striking that some land (C) that some land ; (D) in paragraph (2)(C) (as so designated), by striking harmonious (D) harmonious ; and (E) in subsection (b), by striking the subsection designation and all that follows through means the achievement (3) Sustained yield of the several products and services The term sustained yield of the several products and services . (e) National forest system land and resource management plans Section 6(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604(a) State and local governments State, Tribal, and local governments (f) Information and data Section 12 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1610 Federal, State, and private organizations Federal, State, Tribal, and private organizations (g) Public participation Section 14(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1612(a) Federal, State, and local governments Federal, State, Tribal, and local governments (h) Advisory boards for public participation in the planning for and management of the national forest system Section 14(b) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1612(b) (1) by striking (b) In providing (b) Advisory boards (1) Definitions In this subsection: (A) Cultural site The term cultural site (i) a sacred site; (ii) a historic property (as defined in section 800.16 of title 36, Code of Federal Regulations (as in effect on the date of enactment of the Advancing Tribal Parity on Public Land Act (iii) a landform or landscape that— (I) is the site of important customs, practices, objects, places, religions, or ceremonies of Indian Tribes; (II) is important to an Indian Tribe for the undertaking of religious, cultural, spiritual, or traditional practices; (III) is connected through features or ceremonies to other sites or a larger sacred landscape, as determined by an Indian Tribe; or (IV) contains unique or important traditional Tribal food, medicinal, or material gathering areas. (B) Former reservation The term former reservation (C) Indian Tribe The term Indian Tribe 25 U.S.C. 5131 (D) Interested Indian Tribe The term interested Indian Tribe (i) historic, precontact, cultural, or religious connection to a cultural site located on the National Forest System land; (ii) a former reservation located on the National Forest System land; or (iii) treaty rights or other reserved rights that can be exercised on the National Forest System land. (E) Sacred site The term sacred site (2) Establishment In providing ; (2) in paragraph (2) (as so designated), in the second sentence, by striking The membership of such boards (3) Membership (A) In general The membership of each advisory board established under paragraph (2) ; and (3) in paragraph (3) (as so designated), by adding at the end the following: (B) Interested Indian Tribes At least 1 member of each advisory board established under paragraph (2) shall be a representative of an interested Indian Tribe. . 4. Confidential information (a) In general Notwithstanding any other provision of law, at the request of the applicable Indian Tribe or Tribal government, any Tribal consultation meeting held for the purpose of carrying out this Act or an amendment made by this Act shall be closed to the public. (b) Sensitive information (1) In general Notwithstanding any other provision of law, if, during a Tribal consultation process conducted for the purpose of carrying out this Act or an amendment made by this Act, the applicable Indian Tribe or Tribal government designates any information, such as the location of a sacred site or other detail of a cultural or religious practice, as sensitive, that information shall be protected by law as confidential and withheld from any public disclosure or publication made as part of the Tribal consultation process or in the process of carrying out this Act or an amendment made by this Act. (2) Access If information has been designated as sensitive under paragraph (1), the applicable agency shall determine, in consultation with the applicable Indian Tribe or Tribal government, who may have access to the information for the purposes of carrying out this Act or an amendment made by this Act.

Summary: Advancing Tribal Parity on Public Land Act This bill addresses tribal interests in the disposal and management of public land. Specifically, the bill prohibits the federal government from disposing of public land or National Forest System land unless the Department of the Interior or the Department of Agriculture (USDA) determines, through consultation with any interested Indian tribe, that such disposal would not impact the rights and interests of any interested tribe and would not impair access to a reservation. Interested Indian tribe means an Indian tribe with (1) historic, precontact, cultural, or religious connection to a cultural site located on the tract of public land; (2) a former reservation located on the tract of public land; or (3) treaty rights or other reserved rights associated with the tract of public land. Interior and USDA must, prior to conducting a sale of a tract of public land, notify all tribes of the availability of land for sale. Further, Interior and USDA must sell the tract of land to an interested Indian tribe that submits a bid at fair market value. Land acquired by an interested tribe shall be taken into trust by Interior for the benefit of the tribe. Additionally, the bill revises various public land provisions, including to (1) add the interests of tribes to the list of considerations for land exchanges, and (2) authorize tribes to acquire land for recreational and other public purposes. The bill also requires each public land advisory board to include at least one representative of an interested Indian tribe.