I 
117TH CONGRESS 
2D SESSION 
H. R. 8109 
To establish the Tribal Cultural Areas System, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 16, 2022 
Mr. GRIJALVA introduced the following bill; which was referred to the Com-
mittee on Natural Resources, and in addition to the Committee on Agri-
culture, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To establish the Tribal Cultural Areas System, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Tribal Cultural Areas 
Protection Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) EXISTING USE.—The term ‘‘existing use’’, 
with respect to a Tribal cultural area, means a use 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
that is occurring within the Tribal cultural area on 
the date on which the Tribal cultural area is des-
ignated for inclusion in the System. 
(2) FORMER RESERVATION.—The term ‘‘former 
reservation’’ means land that is within the exterior 
boundaries of the last reservation that was estab-
lished by treaty, Executive order, or Secretarial 
order for an Indian Tribe. 
(3) HISTORIC PROPERTY.—The term ‘‘historic 
property’’ means a historic or precontact site, build-
ing, structure, or object that has religious, medic-
inal, or cultural significance to an interested Indian 
Tribe. 
(4) INDIAN
LAND.—The term ‘‘Indian land’’ 
means land of an Indian Tribe or an individual In-
dian that is— 
(A) held in trust by the United States; or 
(B) subject to a restriction against alien-
ation imposed by the United States. 
(5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
means the governing body of any Indian or Alaska 
Native tribe, band, nation, pueblo, village, commu-
nity, component band, or component reservation in-
dividually identified (including parenthetically) on 
the list published by the Secretary under section 104 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
of the Federally Recognized Indian Tribe List Act of 
1994 (25 U.S.C. 5131). 
(6) INTERESTED
INDIAN
TRIBE.—The term 
‘‘interested Indian Tribe’’, with respect to a tract of 
public land, means an Indian Tribe with— 
(A) historic, precontact, cultural, or reli-
gious connections to a Tribal cultural site lo-
cated on the tract of public land; 
(B) a former reservation located on the 
tract of public land; or 
(C) treaty rights or other reserved rights 
associated with the tract of public land. 
(7) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the management plan developed 
for a Tribal cultural area under section 5(d)(3)(A). 
(8) NATIONAL
FOREST
SYSTEM.—The term 
‘‘National Forest System’’ has the meaning given 
the term in section 11(a) of the Forest and Range-
land Renewable Resources Planning Act of 1974 (16 
U.S.C. 1609(a)). 
(9) NATIVE KNOWLEDGE.—The term ‘‘Native 
knowledge’’ has the meaning given the term in sec-
tion 219.19 of title 36, Code of Federal Regulations 
(as in effect on the date of enactment of this Act). 
(10) NEW USE.— 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
(B) EXCLUSION.—The term ‘‘new use’’, 
with respect to a Tribal cultural area, does not 
include a use that— 
(i) is categorically excluded from the 
requirements of title I of the National En-
vironmental Policy Act of 1969 (42 U.S.C. 
4331 et seq.); 
(ii) is carried out to comply with the 
Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.); 
(iii) is necessary to maintain a road, 
trail, structure, or facility within the Tribal 
cultural area that is— 
(I) in existence on the date on 
which the Tribal cultural area is des-
ignated for inclusion in the System; 
and 
(II) identified in the management 
planning documents of the applicable 
land management agency as a road, 
trail, structure, or facility intended for 
continued use; or 
(iv) the Secretary concerned deter-
mines to be necessary for the control of 
fire, insects, or diseases, subject to such 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
terms and conditions as the Secretary con-
cerned determines appropriate. 
(11) PUBLIC LAND.—The term ‘‘public land’’ 
means— 
(A) land under the jurisdiction of the Sec-
retary (other than Indian land); and 
(B) National Forest System land. 
(12) RESTORATION.—The term ‘‘restoration’’ 
has the meaning given the term in section 219.19 of 
title 36, Code of Federal Regulations (as in effect on 
the date of enactment of this Act). 
(13) SACRED
SITE.—The term ‘‘sacred site’’ 
means a specific, discrete, narrowly delineated site 
on public land that is identified by an Indian Tribe 
as sacred by virtue of the established religious sig-
nificance of the site to, or ceremonial use of the site 
by, an Indian Tribe. 
(14) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(15) 
SECRETARY
CONCERNED.—The 
term 
‘‘Secretary concerned’’ means— 
(A) the Secretary, with respect to public 
land described in paragraph (11)(A); and 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
(B) the Secretary of Agriculture, with re-
spect to public land described in paragraph 
(11)(B). 
(16) SURFACE DISTURBANCE.—The term ‘‘sur-
face disturbance’’ means any new disruption of soil 
or vegetation that would require restoration to re-
turn the soil or vegetation to natural appearance or 
ecological function. 
(17) SYSTEM.—The term ‘‘System’’ means the 
Tribal Cultural Areas System established by section 
5(a). 
(18) TRIBAL COMMISSION.—The term ‘‘Tribal 
commission’’ means the Tribal commission estab-
lished for a Tribal cultural area under section 6(a). 
(19) TRIBAL
CULTURAL
AREA.—The term 
‘‘Tribal cultural area’’ means a Tribal cultural site 
that has been designated for inclusion in the Sys-
tem. 
(20) TRIBAL
CULTURAL
SITE.—The term 
‘‘Tribal cultural site’’ means— 
(A) a historic property; and 
(B) a landform, landscape, or location 
that— 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
(i) is or may be important to the cus-
toms, practices, objects, places, religions, 
or ceremonies of an Indian Tribe; 
(ii) is or may be important to an In-
dian Tribe for the undertaking of religious, 
cultural, spiritual, traditional subsistence, 
or other traditional practices; 
(iii) contains unique or important tra-
ditional Tribal food, medicinal, or material 
gathering areas; or 
(iv) is connected through features, 
ceremonies, objects, histories, or cultural 
practices to other sites or to a larger sa-
cred landscape, as determined by an In-
dian Tribe. 
(21) TRIBAL ORGANIZATION.—The term ‘‘Trib-
al organization’’ has the meaning given the term in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304). 
SEC. 3. FINDINGS. 
Congress finds that— 
(1) the Federal Government manages more 
than 640,000,000 acres of public land that was 
carved out of the ancestral homeland of Indian 
Tribes; 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
(2) Indians Tribes and members of Indian 
Tribes— 
(A) have maintained historical, religious, 
and spiritual connections to land now des-
ignated as public land; 
(B) continue to exercise treaty rights on 
public land; and 
(C) use public land to pray, conduct cere-
monies, visit burial sites, gather plants, and un-
dertake other traditional cultural activities; 
(3) treaties, Executive orders, court decisions, 
and Federal laws and regulations— 
(A) acknowledge the rights of Indian 
Tribes and members of Indian Tribes on public 
land; and 
(B) require public land managers to con-
sult with Indian Tribes prior to taking action 
that would impact those rights; and 
(4) efforts to commercially develop or transfer 
ownership of public land often ignore the rights and 
protections of Indian Tribes and have resulted in— 
(A) the desecration of sacred sites; 
(B) the diminishment of Tribal treaty 
rights; and 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
(C) the mismanagement of sacred sites, in-
cluding the looting of sacred objects and burial 
sites and the diminishment of harvests of tradi-
tional native plants used in religious ceremonies 
and for other purposes. 
SEC. 4. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the preservation of Tribal cultural sites lo-
cated on public land is in the public interest; 
(2) through their unique history and traditional 
knowledge, Indian Tribes have an important role in 
managing Tribal cultural sites on public land; and 
(3) Tribal cultural sites on public land should 
be permanently protected for the benefit of Indian 
Tribes. 
SEC. 5. TRIBAL CULTURAL AREAS SYSTEM. 
(a) ESTABLISHMENT.—In order to preserve Tribal 
cultural sites on public land, there is established the Tribal 
Cultural Areas System. 
(b) PURPOSES.—The purposes of the System are— 
(1) to preserve opportunities for Indian Tribes 
to undertake religious, cultural, spiritual, medicinal, 
or traditional practices within Tribal cultural sites; 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
(2) to permanently protect the religious, cul-
tural, spiritual, scenic, ecological, medicinal, and tra-
ditional values of Tribal cultural sites; and 
(3) to enhance opportunities for Indian Tribes 
to engage in the preservation and management of 
Tribal cultural sites on public land. 
(c) AREAS INCLUDED.— 
(1) ELIGIBLE
CULTURAL
SITES.—Any Tribal 
cultural site located on public land is eligible to be 
designated by Congress as a Tribal cultural area for 
inclusion in the System. 
(2) DESIGNATION.—A Tribal cultural site may 
be designated as a Tribal cultural area for inclusion 
in the System only by an Act of Congress. 
(3) SECRETARIAL
RECOMMENDATION.—In de-
termining whether to designate a Tribal cultural site 
as a Tribal cultural area for inclusion in the System, 
Congress shall take into consideration the rec-
ommendations of the Secretary concerned under 
subsections (a)(6) and (d)(3)(C)(ii)(I) of section 8. 
(4) REMOVAL.—A Tribal cultural area may be 
removed from the System only by an Act of Con-
gress. 
(d) MANAGEMENT.— 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
(1) IN
GENERAL.—Subject to valid existing 
rights, the Secretary concerned shall manage Tribal 
cultural areas— 
(A) to preserve Tribal cultural sites within 
each Tribal cultural area; 
(B) in consultation with the applicable 
Tribal commission; and 
(C) in accordance with— 
(i) this Act; and 
(ii) any other applicable laws (includ-
ing regulations). 
(2) USES.— 
(A) IN GENERAL.—In accordance with this 
Act, the Secretary concerned shall only author-
ize new uses or existing uses within a Tribal 
cultural area that the Secretary determines, in 
consultation with the applicable Tribal commis-
sion, are consistent with— 
(i) the purposes described in sub-
section (b); 
(ii) the preservation of Tribal cultural 
sites within the Tribal cultural area; and 
(iii) this Act. 
(B) NEW USES.— 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
(i) IN
GENERAL.—If the Secretary 
concerned determines under subparagraph 
(A) that a new use is consistent with the 
requirements of clauses (i) through (iii) of 
that subparagraph, before authorizing the 
new use, the Secretary concerned shall re-
quest agreement from the applicable Tribal 
commission. 
(ii) APPROVAL.—If the applicable 
Tribal commission agrees to the new use 
for which the Secretary concerned requests 
agreement under clause (i), or does not re-
spond to the request by the date that is 60 
days after the date on which the Secretary 
concerned makes the request under that 
clause, the Secretary concerned shall au-
thorize the new use. 
(iii) DENIAL.—If the applicable Tribal 
commission denies agreement for a new 
use by the date that is 30 days after the 
date on which the Secretary concerned 
makes the request under clause (i), the 
Secretary concerned shall— 
(I) consult with the applicable 
Tribal commission to determine spe-
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
cific measures to eliminate or mitigate 
potential adverse impacts to the Trib-
al cultural area resulting from the 
new use; and 
(II) authorize the new use, sub-
ject to the measures determined under 
subclause (I). 
(3) MANAGEMENT PLAN.— 
(A) IN GENERAL.—Not later than 3 years 
after the date on which a Tribal cultural area 
is designated for inclusion in the System, the 
Secretary concerned shall develop a comprehen-
sive plan for the management of the Tribal cul-
tural area in accordance with paragraph (2). 
(B) REQUIREMENTS.—In developing a 
management plan under subparagraph (A), the 
Secretary concerned shall— 
(i) closely collaborate with the applica-
ble Tribal commission in accordance with 
subparagraph (C); 
(ii) consult with— 
(I) Indian Tribes; 
(II) appropriate State and local 
governmental entities; and 
(III) members of the public; 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
(iii) at the request of an interested In-
dian Tribe identified under section 9(a)(1), 
include the interested Indian Tribe as a co-
operating agency in the development of the 
management plan; and 
(iv) to the maximum extent prac-
ticable, incorporate Native knowledge. 
(C) INCORPORATION
OF
RECOMMENDA-
TIONS.— 
(i) IN
GENERAL.—In developing a 
management plan under subparagraph (A), 
the Secretary concerned shall carefully and 
fully consider incorporating the traditional, 
historical, and cultural knowledge and Na-
tive knowledge of the applicable Tribal 
commission, which shall be submitted to 
the Secretary concerned as written rec-
ommendations. 
(ii) CONSULTATION.—If the Secretary 
concerned determines that a specific rec-
ommendation submitted to the Secretary 
concerned under clause (i) is impracticable, 
infeasible, or not in the public interest, the 
Secretary concerned shall consult with the 
applicable Tribal commission to determine 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
specific measures to modify, or otherwise 
address, the recommendation. 
(iii) 
WRITTEN
EXPLANATION.—If, 
after consultation under clause (ii), the 
Secretary concerned determines not to in-
corporate a specific recommendation sub-
mitted to the Secretary concerned under 
clause (i), the Secretary concerned shall 
provide to the Tribal commission a written 
explanation of the reason for the deter-
mination by the date that is 30 days after 
the date on which the determination is 
made. 
(4) ROAD CONSTRUCTION.— 
(A) IN GENERAL.—No new roads shall be 
constructed within a Tribal cultural area. 
(B) TEMPORARY
ROADS.—No temporary 
roads shall be constructed within a Tribal cul-
tural area, except as necessary— 
(i) to meet the minimum requirements 
for the administration of the Tribal cul-
tural area; 
(ii) to protect public health and safe-
ty; 
(iii) to respond to an emergency; and 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
(II) to respond to an emergency; 
or 
(III) for traditional cultural pur-
poses, including the exercise of rights 
secured by treaty, statute, Executive 
order, or other Federal law; or 
(ii) determined necessary by the appli-
cable Tribal commission. 
(C) SAVINGS
CLAUSE.—Nothing in this 
paragraph authorizes the use of motorized vehi-
cles on public land (as defined in section 
10(d)(1)) within a Tribal cultural area if the 
use is otherwise prohibited on the public land. 
(6) GRAZING.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the grazing of livestock in a Tribal 
cultural area established before the date on 
which the Tribal cultural area is designated for 
inclusion in the System shall be permitted to 
continue. 
(B) REQUIREMENT.— 
(i) CONSISTENCY
REQUIRED.—Graz-
ing permitted under subparagraph (A) 
shall be— 
(I) subject to— 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
(aa) a determination by the 
Secretary concerned, in consulta-
tion with the applicable Tribal 
commission, that grazing may be 
carried out in a manner con-
sistent with the purposes for 
which the Tribal cultural area is 
established; 
(bb) such reasonable regula-
tions, policies, and practices as 
the Secretary concerned deter-
mines necessary; and 
(cc) applicable law (includ-
ing regulations); and 
(II) carried out in a manner con-
sistent with the purposes described in 
subsection (b). 
(ii) MODIFICATION.—On a determina-
tion by the Secretary concerned that graz-
ing within a Tribal cultural area is incon-
sistent with the purposes for which the 
Tribal cultural area is established, the Sec-
retary concerned shall modify or terminate 
the grazing permit or lease, as determined 
appropriate by the Secretary concerned. 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
(C) VOLUNTARY
GRAZING
PERMIT
OR 
LEASE DONATION PROGRAM.— 
(i) 
DONATION
OF
PERMIT
OR 
LEASE.— 
(I) ACCEPTANCE.—The Secretary 
concerned shall accept the donation of 
any valid existing permits or leases 
authorizing grazing on public land, all 
or a portion of which is within a Trib-
al cultural area. 
(II) TERMINATION.—The Sec-
retary concerned shall terminate any 
grazing permit or lease acquired 
under subclause (I). 
(III) NO NEW GRAZING PERMITS 
OR
LEASES.—Except as provided in 
clauses (ii) and (iii), with respect to 
each grazing permit and lease donated 
under subclause (I), the Secretary 
concerned— 
(aa) shall not issue any new 
grazing permit or lease within 
the grazing allotment covered by 
the grazing permit or lease; and 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
(bb) shall ensure a perma-
nent end to livestock grazing on 
the grazing allotment covered by 
the grazing permit or lease. 
(ii) DONATION OF PORTION OF GRAZ-
ING LEASE.— 
(I) IN
GENERAL.—If a person 
holding a valid grazing permit or lease 
donates less than the full amount of 
grazing use authorized under the per-
mit or lease, the Secretary concerned 
shall— 
(aa) reduce the authorized 
grazing level to reflect the dona-
tion; and 
(bb) modify the permit or 
lease to reflect the revised level of 
use. 
(II) AUTHORIZED
LEVEL.—To 
ensure that there is a permanent re-
duction in the authorized level of 
grazing on the land covered by a per-
mit or lease donated under subclause 
(I), the Secretary concerned shall not 
allow grazing use to exceed the au-
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
thorized level established under that 
subclause. 
(iii) COMMON ALLOTMENTS.— 
(I) IN
GENERAL.—If a grazing 
allotment covered by a grazing permit 
or lease or portion of a grazing permit 
or lease that is donated under clause 
(i) or (ii) also is covered by another 
grazing permit or lease that is not do-
nated, the Secretary concerned shall 
reduce the grazing level on the graz-
ing allotment to reflect the donation. 
(II) AUTHORIZED
LEVEL.—To 
ensure that there is a permanent re-
duction in the level of livestock graz-
ing on the land covered by a grazing 
permit or lease or portion of a grazing 
permit or lease donated under clause 
(i) or (ii), the Secretary concerned 
shall not allow grazing to exceed the 
level established under subclause (I). 
(7) VEGETATION MANAGEMENT.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), vegetation management within a 
Tribal cultural area may be permitted— 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
(i) if necessary to protect, maintain, 
or enhance a Tribal cultural area (includ-
ing the enhancement of traditional food or 
material gathering); and 
(ii) for restoration purposes. 
(B) REQUIREMENT.—Vegetation manage-
ment permitted under subparagraph (A) shall 
be— 
(i) subject to— 
(I) such reasonable regulations, 
policies, and practices as the Sec-
retary 
concerned 
determines 
nec-
essary; and 
(II) applicable law (including reg-
ulations); and 
(ii) in a manner consistent with the 
purposes described in subsection (b). 
(e) VALID EXISTING RIGHTS.—The designation of a 
Tribal cultural area shall be subject to valid existing 
rights. 
(f) WITHDRAWAL.—Subject to valid existing rights, 
all public land within a Tribal cultural area, and all land 
and interests in land acquired by the United States within 
a Tribal cultural area, shall be withdrawn from— 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
(1) all forms of entry, appropriation, or disposal 
under the public land laws; 
(2) location, entry, and patent under the mining 
laws; and 
(3) operation of the mineral leasing, mineral 
materials, and geothermal leasing laws. 
(g) TRIBAL CULTURAL AND RELIGIOUS USES.— 
(1) IN GENERAL.—Nothing in this Act dimin-
ishes any Tribal rights regarding access to public 
land for Tribal activities, including spiritual, cul-
tural, medicinal, and traditional food gathering ac-
tivities. 
(2) TRIBAL USES AND INTERESTS.— 
(A) ACCESS AND USE.—In accordance with 
applicable law, and subject to section 10(d)(3), 
the Secretary concerned shall ensure access to 
a Tribal cultural area by members of an inter-
ested Indian Tribe for traditional cultural and 
religious purposes. 
(B) TEMPORARY CLOSURE.— 
(i) IN
GENERAL.—In carrying out 
subparagraph (A), the Secretary con-
cerned, in consultation with the applicable 
Tribal commission, on request of an Indian 
Tribe or applicable Tribal commission, may 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
temporarily close to the general public the 
use of 1 or more specific portions of a 
Tribal cultural area to protect the privacy 
of cultural, religious, and food and medic-
inal and materials gathering activities by 
members of the Indian Tribe. 
(ii) REQUIREMENTS.— 
(I) IN
GENERAL.—Any closure 
under clause (i) shall be made so as 
to affect the smallest practicable area 
for the minimum period of time nec-
essary. 
(II) ACCESS.—Access by mem-
bers of an Indian Tribe to a portion 
of a Tribal cultural area closed under 
clause (i) shall be consistent with the 
purpose and intent of Public Law 95– 
341 (commonly known as the ‘‘Amer-
ican Indian Religious Freedom Act’’) 
(42 U.S.C. 1996 et seq.) and other 
applicable law. 
(h) FEDERALLY SECURED RIGHTS; INDIAN LAND.— 
(1) FEDERALLY SECURED RIGHTS.—Nothing in 
this Act alters, modifies, enlarges, diminishes, or ab-
rogates rights secured by treaty, statute, Executive 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
order, or other Federal law of any Indian Tribe, in-
cluding off-reservation reserved rights. 
(2) INDIAN LAND.—Nothing in this Act affects 
any Indian land. 
(i) LAW ENFORCEMENT.— 
(1) IN GENERAL.—The Secretary concerned, in 
coordination with the applicable Tribal commission, 
shall ensure adequate law enforcement presence with 
respect to law enforcement matters under the juris-
diction of the Secretary concerned to maintain the 
integrity of a Tribal cultural area. 
(2) NO EFFECT ON JURISDICTION.—Nothing in 
this Act limits or otherwise affects the civil or crimi-
nal regulatory jurisdiction, including law enforce-
ment, for issues under the jurisdiction of an Indian 
Tribe. 
SEC. 6. TRIBAL COMMISSION. 
(a) IN GENERAL.—To ensure that the management 
of a Tribal cultural area reflects the expertise and tradi-
tional, cultural, ecological, and historical knowledge and 
Native knowledge of members of interested Indian Tribes, 
not later than 180 days after the date on which the Tribal 
cultural area is designated for inclusion in the System, the 
Secretary concerned shall establish for the Tribal cultural 
area a Tribal commission. 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
(b) DUTIES.—Each Tribal commission shall provide 
guidance and recommendations on the development and 
implementation of the management plan for, and policies 
of, the applicable Tribal cultural area. 
(c) MEMBERSHIP.— 
(1) COMPOSITION.—Each Tribal commission 
shall consist of the representatives designated by 
each interested Indian Tribe with a historical asso-
ciation with the land within the boundaries of the 
Tribal cultural area for which the Tribal commission 
is established (with a maximum of 1 representative 
per interested Indian Tribe). 
(2) PROCESS.—The Secretary concerned shall 
conduct government-to-government consultation with 
each interested Indian Tribe with a historical asso-
ciation with the land within the boundaries of the 
Tribal cultural area for which the Tribal commission 
is established to determine whether the interested 
Indian Tribe may designate a representative to be a 
member of the Tribal commission under paragraph 
(1). 
(d) EXEMPTION.—The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to any Tribal commis-
sion. 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
SEC. 7. SELF-DETERMINATION CONTRACTS. 
(a) IN GENERAL.—The Secretary concerned may 
contract with 1 or more Indian Tribes or Tribal organiza-
tions to perform administrative or management functions 
within a Tribal cultural area through contracts entered 
into under the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 5301 et seq.). 
(b) TRIBAL ASSISTANCE.—The Secretary concerned 
may provide technical and financial assistance to an In-
dian Tribe in accordance with section 103 of the Indian 
Self-Determination and Education Assistance Act (25 
U.S.C. 5322) to improve the capacity of the Indian Tribe 
to develop, enter into, and carry out activities under a con-
tract under subsection (a). 
SEC. 8. AGENCY RECOMMENDATIONS. 
(a) INITIAL AGENCY RECOMMENDATIONS.—Not later 
than 3 years after the date of enactment of this Act, the 
Secretary concerned, in consultation with interested In-
dian Tribes, shall— 
(1) establish criteria for recommending Tribal 
cultural sites for designation as Tribal cultural areas 
for inclusion in the System, using the factors de-
scribed in subsection (b); 
(2) solicit recommendations for Tribal cultural 
sites on land under the jurisdiction of the Secretary 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
concerned to be designated as Tribal cultural areas 
for inclusion in the System from— 
(A) any interested Indian Tribe; 
(B) any applicable State Historic Preserva-
tion Officer; and 
(C) any applicable Tribal Historic Preser-
vation Officer; 
(3) review designations in local land manage-
ment plans to identify Tribal cultural sites that meet 
the criteria established by the Secretary concerned 
under paragraph (1); 
(4) consider any other relevant information, in-
cluding oral histories, traditional knowledge, Native 
knowledge, and traditional ecological knowledge, re-
garding Tribal cultural sites on public land that may 
qualify for designation as a Tribal cultural area; 
(5) consider and evaluate Tribal cultural sites, 
including Tribal cultural sites identified under para-
graphs (2) through (4), for designation as a Tribal 
cultural area for inclusion in the System; and 
(6) make recommendations to Congress regard-
ing Tribal cultural sites that the Secretary con-
cerned determines should be designated as Tribal 
cultural areas for inclusion in the System. 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
(b) FACTORS.—The factors that the Secretary con-
cerned shall consider in establishing criteria for recom-
mending a Tribal cultural site for designation as a Tribal 
cultural area for inclusion in the System under subsection 
(a)(1) shall include— 
(1) the importance of the potential Tribal cul-
tural area to an Indian Tribe or members of an In-
dian Tribe for traditional cultural activities, includ-
ing praying, conducting ceremonies, visiting burial 
sites, gathering plants, and undertaking other tradi-
tional cultural activities; 
(2) the past or present cultural, traditional, and 
historical affiliations of an Indian Tribe to the po-
tential Tribal cultural area; 
(3) the existence of rights secured by treaty, 
statute, Executive order, or other Federal law; and 
(4) recommendations made by 1 or more Indian 
Tribes. 
(c) ONGOING AGENCY RECOMMENDATIONS.—As a 
part of any update or revision of a local land management 
plan, the Secretary concerned shall identify, evaluate, and 
make recommendations regarding any Tribal cultural sites 
on land covered by the local land management plan that 
would be suitable for designation as Tribal cultural areas 
for inclusion in the System. 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
(d) ADDITIONAL AREAS.— 
(1) IN GENERAL.—One or more interested In-
dian Tribes may submit to the Secretary concerned 
a petition to recommend the designation of a Tribal 
cultural area for inclusion in the System. 
(2) CONTENTS.—A petition under paragraph 
(1) shall contain— 
(A) a description of the cultural signifi-
cance and history of the proposed Tribal cul-
tural area; 
(B) a map showing specific boundaries of 
the proposed Tribal cultural area; and 
(C) a list of interested Indian Tribes that 
possess 
cultural, 
religious, 
historic, 
or 
precontact connections to the proposed Tribal 
cultural area. 
(3) APPROVAL PROCESS.— 
(A) IN
GENERAL.—Not later than 18 
months after the date on which a petition is 
submitted under paragraph (1), the Secretary 
concerned shall approve or deny the petition. 
(B) FAILURE TO MEET DEADLINE.— 
(i) IN
GENERAL.—Subject to clause 
(ii), if the Secretary concerned does not 
approve or deny a petition submitted under 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
paragraph (1) by the deadline described in 
subparagraph (A), the petition shall be 
considered to have been denied by the Sec-
retary concerned. 
(ii) EXTENSION.—The Secretary con-
cerned and the 1 or more Indian Tribes 
that submitted the petition may mutually 
agree to extend the deadline for responding 
to the petition under subparagraph (A). 
(C) APPROVAL.— 
(i) IN GENERAL.—The Secretary con-
cerned shall approve a petition submitted 
under paragraph (1) unless the Secretary 
concerned determines that— 
(I) the proposed Tribal cultural 
area does not meet the criteria estab-
lished under subsection (a)(1); or 
(II) approving the petition— 
(aa) would violate Federal 
law; or 
(bb) is not in the public in-
terest. 
(ii) 
RECOMMENDATIONS.—On 
ap-
proval of a petition submitted under para-
graph (1), the Secretary concerned shall— 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
(I) recommend that Congress 
designate the proposed Tribal cultural 
area for inclusion in the System; and 
(II) manage the proposed Tribal 
cultural area in accordance with sub-
section (e). 
(D) DENIAL.—Not later than 60 days 
after the date on which the Secretary con-
cerned, as applicable, denies a petition sub-
mitted under paragraph (1) or fails to meet the 
applicable deadline described in subparagraph 
(B), the Secretary concerned shall provide to 
the 1 or more interested Indian Tribes that 
submitted the petition— 
(i) a written response detailing the 
reasons why the Secretary concerned de-
nied the petition; and 
(ii) an opportunity to correct any defi-
ciencies in the petition. 
(e) MANAGEMENT OF RECOMMENDED AREAS.— 
(1) IN GENERAL.—Until Congress determines 
otherwise, the Secretary concerned shall— 
(A) manage each recommended Tribal cul-
tural area— 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
(i) in a manner so as to preserve the 
Tribal cultural sites and cultural values of 
the area; and 
(ii) in accordance with— 
(I) paragraphs (4) through (7) of 
section 5(d); and 
(II) subsections (g) through (i) of 
section 5; and 
(B) only allow such uses in the rec-
ommended Tribal cultural area as are con-
sistent with preserving Tribal cultural sites and 
cultural values of the area, as determined by 
the Secretary concerned after consultation with 
interested Indian Tribes. 
(2) WITHDRAWAL.—Subject to valid existing 
rights, until Congress has determined otherwise, the 
Secretary concerned shall withdraw all public land 
within a recommended Tribal cultural area from— 
(A) all forms of entry, appropriation, or 
disposal under the public land laws; 
(B) location, entry, and patent under the 
mining laws; and 
(C) operation of the mineral leasing, min-
eral materials, and geothermal leasing laws. 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
(3) CONSULTATION.—The Secretary concerned 
shall consult with interested Indian Tribes with an 
interest in a recommended Tribal cultural area not 
less frequently than twice each year to discuss— 
(A) the protection and management of the 
recommended Tribal cultural area; and 
(B) proposed new uses of the rec-
ommended Tribal cultural area. 
SEC. 9. TRIBAL COORDINATION. 
(a) SELECTION.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date on which a Tribal cultural area is des-
ignated for inclusion in the System, the Secretary 
concerned, in consultation with the Director of the 
Bureau of Indian Affairs, shall identify 1 or more 
interested Indian Tribes with an interest in the 
management of the Tribal cultural area. 
(2) INTERESTED
INDIAN
TRIBES.—An inter-
ested Indian Tribe may petition the Secretary con-
cerned to be identified as having an interest in the 
management of a Tribal cultural area under para-
graph (1). 
(b) CONSULTATION.— 
(1) IN
GENERAL.—The Secretary concerned 
shall consult with the applicable Tribal commission 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS
not less frequently than twice each year, unless oth-
erwise mutually agreed, concerning the protection, 
preservation, and management of the applicable 
Tribal cultural area, including— 
(A) any proposed new uses within the 
Tribal cultural area; and 
(B) any necessary management actions 
within the Tribal cultural area. 
(2) TRIBAL
MANAGEMENT
PROPOSALS.—The 
Secretary concerned shall consider any proposals for 
management actions within a Tribal cultural area 
submitted by the applicable Tribal commission. 
(3) CONSIDERATION.—If the Secretary con-
cerned determines that a proposed management ac-
tion submitted to the Secretary concerned under 
paragraph (2) is impracticable, infeasible, or not in 
the public interest, the Secretary concerned shall 
consult with the applicable Tribal commission to de-
termine specific measures to modify, or otherwise 
address, the proposed management action. 
(4) WRITTEN
EXPLANATION.—If, after con-
sultation under paragraph (3), the Secretary con-
cerned determines not to implement a proposed 
management action submitted to the Secretary con-
cerned under paragraph (2), not later than 90 days 
VerDate Sep 11 2014 
04:05 Jun 18, 2022
Jkt 029200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H8109.IH
H8109
kjohnson on DSK79L0C42PROD with BILLS