I 
117TH CONGRESS 
2D SESSION 
H. R. 8108 
To protect Native cultural sites located on Federal land, to improve consulta-
tion with Indian Tribes, to bring parity to Indian Tribes with regard 
to Federal public land management laws, 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 protect Native cultural sites located on Federal land, 
to improve consultation with Indian Tribes, to bring par-
ity to Indian Tribes with regard to Federal public land 
management laws, 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 ‘‘Advancing Tribal Par-
ity on Public Land Act’’. 
SEC. 2. PREVENTING DISPOSAL OF CULTURAL SITES. 
(a) IN GENERAL.— 
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(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 this 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 
a tract of public land subject to proposed dis-
position by the Secretary concerned under, as 
applicable, section 203 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 
1713), section 503(a) of the Forest Service Fa-
cility Realignment and Enhancement Act of 
2005 (16 U.S.C. 580d note; Public Law 109– 
54), or section 2(a)(1) of Public Law 97–465 
(commonly known as the ‘‘Small Tract Act of 
1983’’) (16 U.S.C. 521d(a)(1)), means an In-
dian Tribe with— 
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(i) historic, precontact, cultural, or re-
ligious 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’’ means— 
(i) public lands (as defined in section 
103 of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1702)); 
and 
(ii) National Forest System land. 
(F) SACRED
SITE.—The term ‘‘sacred 
site’’ means a specific, discrete, narrowly delin-
eated site on public land that is identified by an 
Indian Tribe as sacred by virtue of the estab-
lished religious significance of the site to, or 
ceremonial or medicinal use of the site by, an 
Indian Tribe. 
(G) SECRETARY
CONCERNED.—The term 
‘‘Secretary concerned’’ means— 
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(i) with respect to public land de-
scribed in subparagraph (E)(i), the Sec-
retary of the Interior; and 
(ii) with respect to public land de-
scribed in subparagraph (E)(ii), the Sec-
retary 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), section 503(a) of the Forest 
Service Facility Realignment and Enhancement Act 
of 2005 (16 U.S.C. 580d note; Public Law 109–54), 
or section 2(a)(1) of Public Law 97–465 (commonly 
known as the ‘‘Small Tract Act of 1983’’) (16 
U.S.C. 521d(a)(1)) unless the Secretary concerned 
determines, through consultation with any interested 
Indian Tribes, as evidenced by a written correspond-
ence signed by the Secretary concerned and all inter-
ested Indian Tribes, that disposal of the tract— 
(A) would not impact the rights and inter-
ests of any interested Indian Tribe; and 
(B) would not impair access to a reserva-
tion. 
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(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 In-
dian Tribe and would not impair access to a reserva-
tion, 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 note; relating to consultation and co-
ordination with Indian tribal governments); 
(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 Serv-
ice Manual (or successor regulations), with 
respect to public land described in para-
graph (1)(E)(ii); and 
(B) in a manner that— 
(i) the Secretary concerned deter-
mines provides adequate notice to each In-
dian Tribe of the availability of the tract 
for sale; and 
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(ii) uses any methods or modes of 
communication by which an Indian Tribe 
has requested to be notified of the avail-
ability of the tract for sale. 
(4) TRIBAL RIGHT OF FIRST REFUSAL.— 
(A) SALE TO INDIAN TRIBE.—If an inter-
ested 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 Sec-
retary concerned shall sell the tract to the inter-
ested Indian Tribe. 
(B) MULTIPLE BIDS.— 
(i) IN GENERAL.—If more than 1 in-
terested Indian Tribe submits a bid to pur-
chase a tract of public land under subpara-
graph (A), the Secretary concerned shall 
defer the sale of the tract for a period of 
not more than 180 days, unless an exten-
sion is agreed to by the interested Indian 
Tribes that submitted bids and the Sec-
retary concerned, to allow the Secretary 
concerned and interested Indian Tribes to 
develop a mutually agreeable sale of the 
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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
AGREE-
MENT.—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 in-
terested Indian Tribes fail to reach an 
agreement regarding the sale of the appli-
cable 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 In-
dian Tribe. 
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