‘‘(A) a sacred site; 
‘‘(B) a historic property (as defined in sec-
tion 800.16 of title 36, Code of Federal Regula-
tions (as in effect on the date of enactment of 
the Advancing Tribal Parity on Public Land 
Act)); or 
‘‘(C) a landform or landscape that— 
‘‘(i) is the site of important customs, 
practices, objects, places, religions, or cere-
monies 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 mate-
rial gathering areas. 
‘‘(2) 
FORMER
RESERVATION.—The 
term 
‘former reservation’ means land that is within the 
exterior boundaries of any previous reservation that 
was established by treaty, Executive order, or Secre-
tarial order for an Indian Tribe. 
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‘‘(3) 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 
of the Federally Recognized Indian Tribe List Act of 
1994 (25 U.S.C. 5131). 
‘‘(4) INTERESTED
INDIAN
TRIBE.—The term 
‘interested Indian Tribe’, with respect to a tract of 
public lands the offer for sale or conveyance of which 
is subject to notification under subsection (b), means 
an Indian Tribe with— 
‘‘(A) historic, precontact, cultural, or reli-
gious 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’ 
means a specific, discrete, narrowly delineated site 
on public lands that is identified by an Indian Tribe 
as sacred by virtue of the established religious sig-
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nificance of the site to, or ceremonial or medicinal 
use of the site by, an Indian Tribe. 
‘‘(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; 90 Stat. 2743) is amended by striking the 
item relating to section 210 and inserting the 
following: 
‘‘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) 
is amended— 
(A) in paragraph (1)— 
(i) by inserting ‘‘, including sacred 
sites and land that affect the exercise of 
treaty or other reserved rights,’’ after 
‘‘value’’; and 
(ii) by striking ‘‘Federal, State, or 
local’’ and inserting ‘‘Federal, State, Trib-
al, or local’’; 
(B) by redesignating paragraphs (1), (2), 
(3), (4), (5), and (6) as paragraphs (2), (3), 
(5), (7), (9), and (11), respectively; 
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(C) by inserting before paragraph (2) (as 
so redesignated) the following: 
‘‘(1) CULTURAL SITE.—The term ‘cultural site’ 
means— 
‘‘(A) a sacred site; 
‘‘(B) a historic property (as defined in sec-
tion 800.16 of title 36, Code of Federal Regula-
tions (as in effect on the date of enactment of 
the Advancing Tribal Parity on Public Land 
Act)); and 
‘‘(C) a landform or landscape that— 
‘‘(i) is the site of important customs, 
practices, objects, places, religions, or cere-
monies 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 mate-
rial gathering areas.’’; 
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(D) by inserting after paragraph (3) (as so 
redesignated) the following: 
‘‘(4) 
FORMER
RESERVATION.—The 
term 
‘former reservation’ means land that is within the 
exterior boundaries of any previous reservation that 
was established by treaty, Executive order, or Secre-
tarial order for an Indian Tribe.’’; 
(E) by inserting after paragraph (5) (as so 
redesignated) the following: 
‘‘(6) 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 
of the Federally Recognized Indian Tribe List Act of 
1994 (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’, with respect to an 
inholding identified under section 204(a)(1), means 
an Indian Tribe with— 
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‘‘(A) historic, precontact, cultural, or reli-
gious 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’ 
means a specific, discrete, narrowly delineated site 
that is identified by an Indian Tribe as sacred by 
virtue of the established religious significance of the 
site to, or ceremonial or medicinal use of the site by, 
an Indian Tribe.’’. 
(2) PUBLIC
NOTICE
OF
INHOLDINGS
PROCE-
DURES.—Section 204(b) of the Federal Land Trans-
action Facilitation Act (43 U.S.C. 2303(b)) is 
amended, in the first sentence, by inserting ‘‘, in-
cluding notice to all interested Indian Tribes,’’ after 
‘‘public notice’’. 
(3) FEDERAL LAND DISPOSAL ACCOUNT.—Sec-
tion 206(c)(3) of the Federal Land Transaction Fa-
cilitation Act (43 U.S.C. 2305(c)(3)) is amended— 
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(A) by redesignating subparagraphs (C) 
and (D) as subparagraphs (D) and (E), respec-
tively; 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) SMALL TRACTS ACT AMENDMENTS.—The first 
section of Public Law 97–465 (commonly known as the 
‘‘Small Tract Act of 1983’’) (16 U.S.C. 521c) is amend-
ed— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘That for purposes of this Act’’ and all that 
follows through ‘‘means a land transfer’’ in para-
graph (2) and inserting the following: 
‘‘SECTION 1. DEFINITIONS. 
‘‘In this Act: 
‘‘(1) 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 
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the list published by the Secretary of the Interior 
under section 104 of the Federally Recognized In-
dian Tribe List Act of 1994 (25 U.S.C. 5131). 
‘‘(2) INTERCHANGE.—The term ‘interchange’ 
means a land transfer’’; and 
(2) in paragraph (2), by striking ‘‘may pre-
scribe; and’’ and all that follows through the end of 
paragraph (3) and inserting the following: ‘‘may pre-
scribe. 
‘‘(3) PERSON.—The term ‘person’ includes any 
State or Indian Tribe or any political subdivision or 
entity of a State or Indian Tribe. 
‘‘(4) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Agriculture.’’. 
(e) EDUCATION LAND GRANT ACT AMENDMENTS.— 
Section 202(a) of the Education Land Grant Act (16 
U.S.C. 479a(a)) is amended— 
(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’’ 
after ‘‘public school district’’; and 
(2) in paragraph (1), by inserting ‘‘or the entity 
that operates or controls a school funded by the Bu-
reau of Indian Education’’ after ‘‘public school dis-
trict’’. 
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(f) MISCELLANEOUS PROVISIONS.— 
(1) SELECTION OF SCHOOL LANDS ON CEDED 
INDIAN RESERVATIONS.—The first section of the Act 
of March 2, 1895 (28 Stat. 899, chapter 188; 43 
U.S.C. 856), is amended by striking the following: 
‘‘That any State or Territory entitled to indemnity 
school lands or entitled to select lands for edu-
cational purposes under existing law may select such 
lands within the boundaries of any Indian reserva-
tion 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 res-
ervation to settlement.’’. 
(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), is repealed. 
(3) TOWNSITES.—Public Law 85–569 (16 
U.S.C. 478a) is amended— 
(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’’ and insert-
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ing ‘‘is in the public interest, the Secretary 
may’’; and 
(B) in the second sentence— 
(i) by striking ‘‘county, city, or other 
local governmental subdivision’’ and insert-
ing ‘‘Indian tribe (as defined in section 
102 of the Federally Recognized Indian 
Tribe List Act of 1994 (25 U.S.C. 5130)) 
or county, city, or local governmental sub-
division’’; 
(ii) by striking ‘‘for sale to a govern-
mental subdivision’’ and inserting ‘‘for sale 
to an Indian tribe (as so defined) or gov-
ernmental subdivision’’; and 
(iii) by striking ‘‘will be controlled by 
the governmental subdivision’’ and insert-
ing ‘‘will be controlled by the Indian tribe 
(as so defined) or governmental subdivi-
sion’’. 
SEC. 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)) is amended by striking 
‘‘State and local’’ and inserting ‘‘State, local, and Tribal’’. 
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(b) LAND USE PLANNING.—Section 202 of the Fed-
eral Land Policy and Management Act of 1976 (43 U.S.C. 
1712) is amended— 
(1) in subsection (c)(9), by striking ‘‘State and 
local’’ each place it appears and inserting ‘‘State, 
local, and Tribal’’; and 
(2) in subsection (f), by striking ‘‘Federal, 
State, and local’’ and inserting ‘‘Federal, State, 
local, and Tribal’’. 
(c) ADVISORY COUNCILS AND PUBLIC PARTICIPA-
TION.—Section 309 of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1739) is amended— 
(1) in subsection (a)— 
(A) in the fifth sentence, by striking ‘‘The 
establishment’’ and inserting the following: 
‘‘(6) REQUIREMENT.—The establishment’’; 
(B) in the fourth sentence, by striking 
‘‘Appointments’’ and inserting the following: 
‘‘(5) APPOINTMENTS.—Appointments’’; 
(C) in the third sentence, by striking ‘‘To 
the extent’’ and inserting the following: 
‘‘(4) NO DUPLICATION.—To the extent’’; 
(D) in the second sentence, by striking ‘‘At 
least one member of each council’’ and inserting 
the following: 
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‘‘(3) REQUIREMENTS FOR MEMBERSHIP.— 
‘‘(A) IN GENERAL.—At least 1 member of 
each advisory council established under this sec-
tion’’; and 
(E) in the first sentence, by inserting ‘‘and 
Tribal’’ before ‘‘interests concerning’’; 
(2) by striking the section heading and designa-
tion and all that follows through ‘‘(a) The Sec-
retary’’ and inserting the following: 
‘‘SEC. 309. ADVISORY COUNCILS AND PUBLIC PARTICIPA-
TION. 
‘‘(a) ESTABLISHMENT OF ADVISORY COUNCILS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) CULTURAL SITE.—The term ‘cultural 
site’ means— 
‘‘(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 en-
actment of the Advancing Tribal Parity on 
Public Land Act)); or 
‘‘(iii) a landform or landscape that— 
‘‘(I) is the site of important cus-
toms, practices, objects, places, reli-
gions, or ceremonies of Indian Tribes; 
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‘‘(II) is important to an Indian 
Tribe for the undertaking of religious, 
cultural, spiritual, or traditional prac-
tices; 
‘‘(III) is connected through fea-
tures or ceremonies to other sites or a 
larger sacred landscape, as deter-
mined by an Indian Tribe; or 
‘‘(IV) contains unique or impor-
tant traditional Tribal food, medicinal, 
or material gathering areas. 
‘‘(B) FORMER
RESERVATION.—The term 
‘former reservation’ means land that is within 
the exterior boundaries of any previous reserva-
tion that was established by treaty, Executive 
order, or Secretarial order for an Indian Tribe. 
‘‘(C) INDIAN
TRIBE.—The term ‘Indian 
Tribe’ means the governing body of any Indian 
or Alaska Native tribe, band, nation, pueblo, 
village, community, component band, or compo-
nent reservation individually identified (includ-
ing parenthetically) on the list published by the 
Secretary under section 104 of the Federally 
Recognized Indian Tribe List Act of 1994 (25 
U.S.C. 5131). 
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‘‘(D) INTERESTED
INDIAN
TRIBE.—The 
term ‘interested Indian Tribe’, with respect to 
the public lands within an area for which an ad-
visory council is established under this section, 
means an Indian Tribe with— 
‘‘(i) historic, precontact, cultural, or 
religious connection to a cultural site lo-
cated 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’ means a specific, discrete, narrowly delin-
eated site on public lands that is identified by 
an Indian Tribe as sacred by virtue of the es-
tablished religious significance of the site to, or 
ceremonial or medicinal use of the site by, an 
Indian Tribe. 
‘‘(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 estab-
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lished under this section shall be a representa-
tive of an interested Indian Tribe.’’. 
(d) IMPROVED PLANNING.— 
(1) DEVELOPMENT AND MANAGEMENT OF NA-
TIONAL
FORESTS.—Section 3 of the Multiple-Use 
Sustained-Yield Act of 1960 (16 U.S.C. 530) is 
amended by striking ‘‘and others’’ and inserting ‘‘, 
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) is amended— 
(A) by striking the section designation and 
all that follows through ‘‘means: The’’ in sub-
section (a) and inserting the following: 
‘‘SEC. 4. DEFINITIONS. 
‘‘In this Act: 
‘‘(1) 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 of the Interior 
under section 104 of the Federally Recognized In-
dian Tribe List Act of 1994 (25 U.S.C. 5131). 
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‘‘(2) MULTIPLE USE.—The term ‘multiple use’ 
means— 
‘‘(A) the’’; 
(B) in paragraph (2)(A) (as so des-
ignated), by striking ‘‘making the most’’ and in-
serting the following: 
‘‘(B) making the most’’; 
(C) in paragraph (2)(B) (as so des-
ignated), by striking ‘‘that some land’’ and in-
serting the following: 
‘‘(C) that some land’’; 
(D) in paragraph (2)(C) (as so des-
ignated), by striking ‘‘harmonious’’ and insert-
ing the following: 
‘‘(D) harmonious’’; and 
(E) in subsection (b), by striking the sub-
section designation and all that follows through 
‘‘means the achievement’’ and inserting the fol-
lowing: 
‘‘(3) SUSTAINED
YIELD
OF
THE
SEVERAL 
PRODUCTS
AND
SERVICES.—The term ‘sustained 
yield of the several products and services’ means the 
achievement’’. 
(e) NATIONAL FOREST SYSTEM LAND
AND RE-
SOURCE MANAGEMENT PLANS.—Section 6(a) of the For-
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est and Rangeland Renewable Resources Planning Act of 
1974 (16 U.S.C. 1604(a)) is amended by striking ‘‘State 
and local governments’’ and inserting ‘‘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) is amended, in the first sen-
tence, by striking ‘‘Federal, State, and private organiza-
tions’’ and inserting ‘‘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)) is amended by striking ‘‘Fed-
eral, State, and local governments’’ and inserting ‘‘Fed-
eral, State, Tribal, and local governments’’. 
(h) ADVISORY BOARDS FOR PUBLIC PARTICIPATION 
IN THE PLANNING FOR AND MANAGEMENT OF THE NA-
TIONAL FOREST SYSTEM.—Section 14(b) of the Forest 
and Rangeland Renewable Resources Planning Act of 
1974 (16 U.S.C. 1612(b)) is amended— 
(1) by striking ‘‘(b) In providing’’ and inserting 
the following: 
‘‘(b) ADVISORY BOARDS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
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‘‘(A) CULTURAL SITE.—The term ‘cultural 
site’ means— 
‘‘(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 en-
actment of the Advancing Tribal Parity on 
Public Land Act)); or 
‘‘(iii) a landform or landscape that— 
‘‘(I) is the site of important cus-
toms, practices, objects, places, reli-
gions, or ceremonies of Indian Tribes; 
‘‘(II) is important to an Indian 
Tribe for the undertaking of religious, 
cultural, spiritual, or traditional prac-
tices; 
‘‘(III) is connected through fea-
tures or ceremonies to other sites or a 
larger sacred landscape, as deter-
mined by an Indian Tribe; or 
‘‘(IV) contains unique or impor-
tant traditional Tribal food, medicinal, 
or material gathering areas. 
‘‘(B) FORMER
RESERVATION.—The term 
‘former reservation’ means land that is within 
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the exterior boundaries of any previous reserva-
tion that was established by treaty, Executive 
order, or Secretarial order for an Indian Tribe. 
‘‘(C) INDIAN
TRIBE.—The term ‘Indian 
Tribe’ means the governing body of any Indian 
or Alaska Native tribe, band, nation, pueblo, 
village, community, component band, or compo-
nent reservation individually identified (includ-
ing parenthetically) on the list published by the 
Secretary of the Interior under section 104 of 
the Federally Recognized Indian Tribe List Act 
of 1994 (25 U.S.C. 5131). 
‘‘(D) INTERESTED
INDIAN
TRIBE.—The 
term ‘interested Indian Tribe’, with respect to 
National Forest System land, means an Indian 
Tribe with— 
‘‘(i) historic, precontact, cultural, or 
religious connection to a cultural site lo-
cated 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 Na-
tional Forest System land. 
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‘‘(E) SACRED
SITE.—The term ‘sacred 
site’ means a specific, discrete, narrowly delin-
eated site on National Forest System land that 
is identified by an Indian Tribe as sacred by 
virtue of the established religious significance of 
the site to, or ceremonial or medicinal use of 
the site by, an Indian Tribe. 
‘‘(2) ESTABLISHMENT.—In providing’’; 
(2) in paragraph (2) (as so designated), in the 
second sentence, by striking ‘‘The membership of 
such boards’’ and inserting the following: 
‘‘(3) MEMBERSHIP.— 
‘‘(A) IN
GENERAL.—The membership of 
each advisory board established under para-
graph (2)’’; and 
(3) in paragraph (3) (as so designated), by add-
ing at the end the following: 
‘‘(B) INTERESTED
INDIAN
TRIBES.—At 
least 1 member of each advisory board estab-
lished under paragraph (2) shall be a represent-
ative of an interested Indian Tribe.’’. 
SEC. 4. CONFIDENTIAL INFORMATION. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, at the request of the applicable Indian Tribe 
or Tribal government, any Tribal consultation meeting 
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RFrederick on LAP8M3WLY3PROD with BILLS
held for the purpose of carrying out this Act or an amend-
ment 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 ap-
plicable Indian Tribe or Tribal government des-
ignates 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 pro-
tected 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 car-
rying out this Act or an amendment made by this 
Act. 
(2) ACCESS.—If information has been des-
ignated as sensitive under paragraph (1), the appli-
cable agency shall determine, in consultation with 
the applicable Indian Tribe or Tribal government, 
who may have access to the information for the pur-
poses of carrying out this Act or an amendment 
made by this Act. 
Æ 
VerDate Sep 11 2014 
03:11 Nov 10, 2023
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RFrederick on LAP8M3WLY3PROD with BILLS