after making such a determination, the Secretary 
concerned shall provide to the applicable Tribal com-
mission a written explanation of the reason for the 
determination. 
SEC. 10. EFFECT. 
(a) ENVIRONMENTAL REQUIREMENTS.— 
(1) DEFINITION OF FEDERAL ENVIRONMENTAL 
LAW.—In this subsection, the term ‘‘Federal envi-
ronmental law’’ means— 
(A) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); 
(B) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
(C) any other applicable Federal environ-
mental law (including regulations). 
(2) EFFECT.—Nothing in this Act alters or 
abridges the application of any Federal environ-
mental law. 
(3) ENVIRONMENTAL
ANALYSES.—Nothing in 
this Act authorizes the Secretary concerned, an In-
dian Tribe, or a Tribal organization to waive comple-
tion of any necessary environmental analysis under 
applicable Federal environmental law. 
(4) RETENTION OF NEPA RESPONSIBILITIES.— 
The Secretary concerned shall make any decision re-
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quired to be made under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
or other applicable Federal environmental law with 
respect to any activity to be carried out on public 
land under this Act. 
(b) APPLICABILITY OF THE ADMINISTRATIVE PROCE-
DURE ACT.—Nothing in this Act alters or abridges the 
application of subchapter II of chapter 5, or chapter 7, 
of title 5, United States Code (commonly known as the 
‘‘Administrative Procedure Act’’), to this Act. 
(c) FISH AND WILDLIFE.—Nothing in this Act— 
(1) alters or abridges the application of the En-
dangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.); or 
(2) affects— 
(A) the jurisdiction or responsibilities of a 
State with respect to fish or wildlife; or 
(B) the jurisdiction of any Indian Tribe 
with respect to fish or wildlife. 
(d) PUBLIC ACCESS.—Except as otherwise provided 
in this Act, nothing in this Act affects public access to 
land within a Tribal cultural area or a recommended Trib-
al cultural area. 
(e) WATER RIGHTS.— 
(1) IN GENERAL.—Nothing in this Act— 
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(A) constitutes an express or implied res-
ervation by the United States of water or water 
rights for any purpose; or 
(B) modifies or otherwise affects any water 
rights existing on the date of enactment of this 
Act, including any water rights held by the 
United States. 
(2) STATE WATER LAW.—The Secretary con-
cerned shall follow the procedural and substantive 
requirements of the applicable State and Federal law 
to obtain and hold any water rights not in existence 
on the date of enactment of this Act with respect to 
any Tribal cultural area. 
(f) SPECIAL MANAGEMENT AREAS.— 
(1) DEFINITION
OF
PUBLIC
LAND.—In this 
subsection, the term ‘‘public land’’ includes— 
(A) a unit of the National Park System; 
(B) a unit of the National Wildlife Refuge 
System; 
(C) a component of the National Wilder-
ness Preservation System; 
(D) a designated wilderness study area or 
other area managed for wilderness characteris-
tics; 
(E) a National Conservation Area; 
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(F) a National Monument; 
(G) a National Volcanic Monument; 
(H) a National Recreation Area; 
(I) a National Scenic Area; 
(J) an inventoried roadless area within the 
National Forest System; 
(K) a component of the National Wild and 
Scenic Rivers System; and 
(L) any other area identified as National 
Conservation Lands. 
(2) EFFECT.—The designation of a Tribal cul-
tural area for inclusion in the System shall not di-
minish the protections granted to, or the manage-
ment status of, any public land or any portion of 
public land. 
(3) CONFLICT OF LAWS.—If there is a conflict 
between the laws (including regulations) applicable 
to an area described in paragraph (1) and this Act, 
the more restrictive provision shall control. 
(g) NONDISCLOSURE.— 
(1) IN
GENERAL.—The Secretary concerned 
shall not disclose to the public information regarding 
the nature or location of any sacred site if the Sec-
retary concerned determines, in consultation with 
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any interested Indian Tribe, that such a disclosure 
may— 
(A) risk harm to the cultural resources of 
the sacred site; 
(B) cause a significant invasion of privacy; 
or 
(C) impede the use of the sacred site for 
traditional cultural activities by an Indian Tribe 
or members of an Indian Tribe. 
(2) FREEDOM OF INFORMATION ACT APPLICA-
BILITY.— 
(A) IN GENERAL.—Information described 
in paragraph (1) shall be exempt from disclo-
sure under section 552 of title 5, United States 
Code. 
(B) APPLICABILITY.—For purposes of sub-
paragraph (A), this subsection shall be consid-
ered a statute described in section 552(b)(3)(B) 
of title 5, United States Code. 
Æ 
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