I 
108TH CONGRESS 
1ST SESSION H. R. 2419
To protect sacred Native American Federal land from significant damage. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 11, 2003
Mr. RAHALL (for himself, Mr. LARSEN of Washington, Mr. KILDEE, Mr. 
PALLONE, Mr. GEORGE MILLER of California, Mr. FILNER, Ms. LEE, 
Mr. FROST, Mr. ACEVEDO-VILA´, Mr. MCNULTY, Mr. HOLT, Ms. MCCOL-
LUM, Mr. UDALL of New Mexico, Mr. HONDA, Mr. CARSON of Oklahoma, 
Mr. CASE, and Mr. GRIJALVA) introduced the following bill; which was 
referred to the Committee on Resources 
A BILL 
To protect sacred Native American Federal land from 
significant damage.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; DEFINITIONS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Native American Sacred Lands Act’’. 
(b) DEFINITIONS.—For the purposes of this Act, the 
following definitions shall apply: 
(1) FEDERAL LAND.—The term ‘‘Federal land’’ 
means any land or interests in land owned by the
United States, including leasehold interests held by 
the United States, except Indian trust lands. 
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given such term by section 4(e) of 
the Indian Self-Determination and Education Assist-
ance Act. 
(3) NATIVE
HAWAIIAN
ORGANIZATION.—The 
term ‘‘Native Hawaiian organization’’ has the mean-
ing given that term in section 301(18) of the Na-
tional 
Historic 
Preservation 
Act 
(16 
U.S.C. 
470w(18)). 
(4) NATIVE
SCIENCE.—The term ‘‘Native 
science’’—
(A) means the oral knowledge of Native 
Americans gained throughout history by obser-
vation and experience; 
(B) embodies traditional tribal lifestyles 
and values; 
(C) is based on the fundamental belief of 
the sanctity of all life; 
(D) is guided by principles that include 
interdependency, reciprocity, and the signifi-
cance of place;
(E) is a living, spiritual knowledge of the 
relationships between the land, natural re-
sources, and the environment; and 
(F) is transferred from one generation to 
the next often through oral tradition and prac-
tice. 
(5) SACRED LAND.—The term ‘‘sacred land’’ 
means any geophysical or geographical area or fea-
ture which is sacred by virtue of its traditional cul-
tural or religious significance or ceremonial use, or 
by virtue of a ceremonial or cultural requirement, in-
cluding a religious requirement that a natural sub-
stance or product for use in Indian tribal or Native 
Hawaiian organization ceremonies be gathered from 
that particular location. 
(6) UNDERTAKING.—The term ‘‘undertaking’’ 
has the same meaning given that term in section 
301(7) of the National Historic Preservation Act 
(16 U.S.C. 470w(7)). 
(7) SIGNIFICANT DAMAGE.—The term ‘‘signifi-
cant damage’’ means any action or activity which re-
sults in the loss of the sacred meaning and value of 
the site to the affected Indian tribe or Native Ha-
waiian organization.
SEC. 2. PROTECTION OF SACRED LANDS. 
Each department or agency of the United States with 
administrative jurisdiction over the management of Fed-
eral land shall—
(1) accommodate meaningful access to and cer-
emonial use of Indian sacred lands by Indian reli-
gious practitioners; 
(2) avoid significant damage to Indian sacred 
lands; and 
(3) consult with Indian tribes and Native Ha-
waiian organizations prior to taking significant ac-
tions or developing policies affecting Native Amer-
ican sacred lands. 
SEC. 3. DESIGNATING INDIAN SACRED LANDS UNSUITABLE 
FOR DEVELOPMENT. 
(a) IN GENERAL.—Federal land shall be designated 
unsuitable for any or certain types of undertakings if the 
head of the department or agency with administrative ju-
risdiction over that Federal land decides, in accordance 
with this section, that by a preponderance of the evidence 
the undertaking is likely to cause significant damage to 
Indian sacred lands. 
(b) PETITION.—
(1) IN GENERAL.—Any Indian tribe or Native 
Hawaiian organization shall have the right to peti-
tion any department or agency of the United States
with administrative jurisdiction over Federal land to 
have Federal land under the jurisdiction of that de-
partment or agency designated as unsuitable for any 
or certain types of undertaking. 
(2) SUPPORTING EVIDENCE.—Such a petition 
shall contain allegations of facts with supporting evi-
dence which would tend to establish the allegations. 
Oral history and Native science shall be given no 
less weight than any other evidence. After an Indian 
tribe or Native Hawaiian organization has filed a pe-
tition under this section, and before the hearing as 
required by this subsection, any person may file alle-
gations of facts, with supporting evidence, that are 
relevant to the petition. 
(c) HEARING.—
(1) IN GENERAL.—Not later than 90 days after 
the receipt of such petition, the department or agen-
cy with administrative jurisdiction over that Federal 
land involved shall hold a public hearing on the sub-
ject of the petition in the locality of that Federal 
land after public notice, including publication of the 
date, time, and location of the hearing. 
(2) WRITTEN
DECISION.—Not later than 60 
days after a hearing held pursuant to this sub-
section, the head of the department or agency with
administrative jurisdiction over that Federal land 
shall issue and furnish to the petitioner and any 
other parties to the hearing a written decision re-
garding the petition and the reasons for the decision. 
(d) APPEAL.—Not later than 60 days after a written 
decision is issued pursuant to subsection (c)(2), any peti-
tioner or person filing under section 3(b)(2) may appeal 
the decision to the appropriate Federal agency appeals 
board or through a civil action in accordance with sub-
section (e). A decision regarding a petition shall not be 
considered final for the purposes of this section until—
(1) the deadline for filing an appeal to the deci-
sion has past and no appeal has been filed; or 
(2) if an appeal was timely filed, the appeal has 
been heard and decided. 
(e) CIVIL ACTIONS; JURISDICTION; RELIEF.—
(1) IN GENERAL.—The United States district 
courts shall have original jurisdiction over any civil 
action or claim against the Secretary of the Interior 
or the head of another Federal agency, as appro-
priate, arising under this section. In an action 
brought under this paragraph, the district courts 
may order appropriate relief, including money dam-
ages, injunctive relief against any action by an offi-
cer of the United States or any agency thereof con-
trary to this Act, or regulations promulgated there-
under, or mandamus to compel an officer or em-
ployee of the United States, or any agency thereof, 
to perform a duty provided under this Act or regula-
tions promulgated hereunder. 
(2) APPLICATION OF EQUAL ACCESS TO JUS-
TICE ACT.—The Equal Access to Justice Act (Public 
Law 96–481; Act of October 1, 1980; 92 Stat. 2325; 
5 U.S.C. 594; 28 U.S.C. 2412) shall apply to ac-
tions brought under this Act. 
(f) EFFECT OF DECISION OF UNSUITABILITY.—
(1) IN GENERAL.—A final decision that Federal 
land identified by a petition considered pursuant to 
subsection (b) is unsuitable for any or certain types 
of undertakings shall be immediately effective and 
the undertaking shall be prohibited. 
(2) WITHDRAWAL OF LANDS.—Subject to valid 
and existing rights, the Secretary of the Interior 
shall (with the consent of the department or agency 
other than the Department of the Interior in the 
case of Federal land not under the administration of 
the Secretary of the Interior) withdraw Federal land 
included in a decision of unsuitability under this sec-
tion pursuant to section 204 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C.
1714). The Secretary’s decision under this section 
shall constitute the documentation required to be 
provided under section 204(c)(12) of the Federal 
Land Policy and Management Act of 1976 (43 
U.S.C. 1714) and in compliance with section 4. 
(3) LAND
USE
PLANS.—Any decision of 
unsuitability made for Federal land under the ad-
ministrative jurisdiction of the Secretary of the Inte-
rior or the Secretary of Agriculture (with respect to 
National Forest System lands) shall be incorporated 
into the appropriate land use plan when such plan 
is adopted, revised, or significantly amended pursu-
ant to the Federal Land Policy and Management 
Act of 1976 or, as the case may be, the Forest and 
Rangeland Renewable Resources Planning Act of 
1974. 
SEC. 4. CONFIDENTIALITY. 
(a) IN GENERAL.—Notwithstanding section 5 of title 
5, United States Code (commonly known as the Freedom 
of Information Act) or any other law, no information ob-
tained as a result of or in connection with a petition filed 
or a hearing held under this Act that contains a reference 
pertaining to a specific detail of a Native American tradi-
tional cultural practice or religion, or the significance of 
an Indian or Native Hawaiian sacred land, or the location