Tribal Cultural Areas Protection Act
Bill: S.4423 | Sponsor: Sen. Heinrich, Martin (D-NM)
Policy area: Native Americans

Summary:
Tribal Cultural Areas Protection Act
This bill provides for the preservation of tribal cultural sites on public land, including by establishing the Tribal Cultural Areas System, setting forth requirements related to land management, and authorizing certain actions by tribes.

To establish the Tribal Cultural Areas System, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 that is occurring within 
        the Tribal cultural area on the date on which the Tribal 
        cultural area is designated 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 established by treaty, Executive order, or 
        Secretarial order for an Indian Tribe.
            (3) Historic property.--The term ``historic property'' 
        means a historic or precontact site, building, structure, or 
        object that has religious, medicinal, or cultural significance 
        to an interested Indian Tribe.
            (4) Indian land.--The term ``Indian land'' means land of an 
        Indian Tribe or an individual Indian that is--
                    (A) held in trust by the United States; or
                    (B) subject to a restriction against alienation 
                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, community, component band, or 
        component reservation individually 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).
            (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 religious 
                connections to a Tribal cultural site located 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 ``management 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 Rangeland 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 section 219.19 of title 36, Code 
        of Federal Regulations (as in effect on the date of enactment 
        of this Act).
            (10) New use.--
                    (A) In general.--The term ``new use'', with respect 
                to a Tribal cultural area, means--
                            (i) a use that involves surface disturbance 
                        and is not occurring in the Tribal cultural 
                        area on the date on which the Tribal cultural 
                        area is designated for inclusion in the System; 
                        and
                            (ii) a use that is occurring in the Tribal 
                        cultural area on the date on which the Tribal 
                        cultural area is designated for inclusion in 
                        the System, but that is being modified so as--
                                    (I) to create a surface 
                                disturbance;
                                    (II) to significantly expand or 
                                alter impacts of the use on the land, 
                                water, air, cultural resources, or 
                                wildlife of the Tribal cultural area; 
                                or
                                    (III) to be inconsistent with the 
                                purposes for which the Tribal cultural 
                                area is--
                                            (aa) designated under 
                                        section 5; or
                                            (bb) recommended under 
                                        section 8.
                    (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 
                        Environmental 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 
                                designated 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 determines to 
                        be necessary for the control of fire, insects, 
                        or diseases, subject to such terms and 
                        conditions as the Secretary concerned 
                        determines appropriate.
            (11) Public land.--The term ``public land'' means--
                    (A) land under the jurisdiction of the Secretary 
                (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 significance 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
                    (B) the Secretary of Agriculture, with respect to 
                public land described in paragraph (11)(B).
            (16) Surface disturbance.--The term ``surface disturbance'' 
        means any new disruption of soil or vegetation that would 
        require restoration to return 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 established 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 System.
            (20) Tribal cultural site.--The term ``Tribal cultural 
        site'' means--
                    (A) a historic property; and
                    (B) a landform, landscape, or location that--
                            (i) is or may be important to the customs, 
                        practices, objects, places, religions, or 
                        ceremonies of an Indian Tribe;
                            (ii) is or may be important to an Indian 
                        Tribe for the undertaking of religious, 
                        cultural, spiritual, traditional subsistence, 
                        or other traditional practices;
                            (iii) contains unique or important 
                        traditional 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 sacred 
                        landscape, as determined by an Indian Tribe.
            (21) Tribal organization.--The term ``Tribal organization'' 
        has the meaning given the term in section 4 of the Indian Self-
        Determination and Education 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;
            (2) Indians Tribes and members of Indian Tribes--
                    (A) have maintained historical, religious, and 
                spiritual connections to land now designated as public 
                land;
                    (B) continue to exercise treaty rights on public 
                land; and
                    (C) use public land to pray, conduct ceremonies, 
                visit burial sites, gather plants, and undertake 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 consult 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
                    (C) the mismanagement of sacred sites, including 
                the looting of sacred objects and burial sites and the 
                diminishment of harvests of traditional 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 located 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;
            (2) to permanently protect the religious, cultural, 
        spiritual, scenic, ecological, medicinal, and traditional 
        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 determining whether to 
        designate a Tribal cultural site as a Tribal cultural area for 
        inclusion in the System, Congress shall take into consideration 
        the recommendations 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 Congress.
    (d) Management.--
            (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 (including 
                        regulations).
            (2) Uses.--
                    (A) In general.--In accordance with this Act, the 
                Secretary concerned shall only authorize new uses or 
                existing uses within a Tribal cultural area that the 
                Secretary determines, in consultation with the 
                applicable Tribal commission, are consistent with--
                            (i) the purposes described in subsection 
                        (b);
                            (ii) the preservation of Tribal cultural 
                        sites within the Tribal cultural area; and
                            (iii) this Act.
                    (B) New uses.--
                            (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 request 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 respond 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 authorize 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 specific 
                                measures to eliminate or mitigate 
                                potential adverse impacts to the Tribal 
                                cultural area resulting from the new 
                                use; and
                                    (II) authorize the new use, subject 
                                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 comprehensive plan for the management of the 
                Tribal cultural 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 applicable 
                        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;
                            (iii) at the request of an interested 
                        Indian Tribe identified under section 9(a)(1), 
                        include the interested Indian Tribe as a 
                        cooperating agency in the development of the 
                        management plan; and
                            (iv) to the maximum extent practicable, 
                        incorporate Native knowledge.
                    (C) Incorporation of recommendations.--
                            (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 Native knowledge of the 
                        applicable Tribal commission, which shall be 
                        submitted to the Secretary concerned as written 
                        recommendations.
                            (ii) Consultation.--If the Secretary 
                        concerned determines that a specific 
                        recommendation 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 
                        specific measures to modify, or otherwise 
                        address, the recommendation.
                            (iii) Written explanation.--If, after 
                        consultation under clause (ii), the Secretary 
                        concerned determines not to incorporate a 
                        specific recommendation submitted to the 
                        Secretary concerned under clause (i), the 
                        Secretary concerned shall provide to the Tribal 
                        commission a written explanation of the reason 
                        for the determination 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 cultural area, except as 
                necessary--
                            (i) to meet the minimum requirements for 
                        the administration of the Tribal cultural area;
                            (ii) to protect public health and safety;
                            (iii) to respond to an emergency; and
                            (iv) for the control of fire, insects, or 
                        diseases, subject to such terms and conditions 
                        as the Secretary concerned determines to be 
                        appropriate.
                    (C) Effect.--Subject to appropriations, the 
                Secretary concerned shall maintain existing roads 
                determined by the Secretary concerned, in consultation 
                with the applicable Tribal commission, to be necessary 
                for authorized existing uses and the administration of 
                the Tribal cultural area.
            (5) Motorized vehicles.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the use of motorized vehicles in a Tribal cultural 
                area shall be permitted only on roads designated by the 
                management plan for the use of motorized vehicles.
                    (B) Exception.--The use of motorized vehicles shall 
                be permitted in a Tribal cultural area on roads not 
                designated by the management plan for the use of 
                motorized vehicles in cases in which the use is--
                            (i) necessary--
                                    (I) for administrative purposes;
                                    (II) to respond to an emergency; or
                                    (III) for traditional cultural 
                                purposes, including the exercise of 
                                rights secured by treaty, statute, 
                                Executive order, or other Federal law; 
                                or
                            (ii) determined necessary by the applicable 
                        Tribal commission.
                    (C) Savings clause.--Nothing in this paragraph 
                authorizes the use of motorized vehicles 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 subparagraph (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.--Grazing 
                        permitted under subparagraph (A) shall be--
                                    (I) subject to--
                                            (aa) a determination by the 
                                        Secretary concerned, in 
                                        consultation with the 
                                        applicable Tribal commission, 
                                        that grazing may be carried out 
                                        in a manner consistent with the 
                                        purposes for which the Tribal 
                                        cultural area is established;
                                            (bb) such reasonable 
                                        regulations, policies, and 
                                        practices as the Secretary 
                                        concerned determines necessary; 
                                        and
                                            (cc) applicable law 
                                        (including regulations); and
                                    (II) carried out in a manner 
                                consistent with the purposes described 
                                in subsection (b).
                            (ii) Modification.--On a determination by 
                        the Secretary concerned that grazing within a 
                        Tribal cultural area is inconsistent with the 
                        purposes for which the Tribal cultural area is 
                        established, the Secretary concerned shall 
                        modify or terminate the grazing permit or 
                        lease, as determined appropriate by the 
                        Secretary concerned.
                    (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 
                                Tribal cultural area.
                                    (II) Termination.--The Secretary 
                                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
                                            (bb) shall ensure a 
                                        permanent end to livestock 
                                        grazing on the grazing 
                                        allotment covered by the 
                                        grazing permit or lease.
                            (ii) Donation of portion of grazing 
                        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 permit 
                                or lease, the Secretary concerned 
                                shall--
                                            (aa) reduce the authorized 
                                        grazing level to reflect the 
                                        donation; and
                                            (bb) modify the permit or 
                                        lease to reflect the revised 
                                        level of use.
                                    (II) Authorized level.--To ensure 
                                that there is a permanent reduction in 
                                the authorized level of grazing on the 
                                land covered by a permit or lease 
                                donated under subclause (I), the 
                                Secretary concerned shall not allow 
                                grazing use to exceed the authorized 
                                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 
                                donated, the Secretary concerned shall 
                                reduce the grazing level on the grazing 
                                allotment to reflect the donation.
                                    (II) Authorized level.--To ensure 
                                that there is a permanent reduction in 
                                the level of livestock grazing 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 subparagraph (B), 
                vegetation management within a Tribal cultural area may 
                be permitted--
                            (i) if necessary to protect, maintain, or 
                        enhance a Tribal cultural area (including the 
                        enhancement of traditional food or material 
                        gathering); and
                            (ii) for restoration purposes.
                    (B) Requirement.--Vegetation management permitted 
                under subparagraph (A) shall be--
                            (i) subject to--
                                    (I) such reasonable regulations, 
                                policies, and practices as the 
                                Secretary concerned determines 
                                necessary; and
                                    (II) applicable law (including 
                                regulations); 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--
            (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 diminishes any Tribal 
        rights regarding access to public land for Tribal activities, 
        including spiritual, cultural, medicinal, and traditional food 
        gathering activities.
            (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 interested Indian Tribe for 
                traditional cultural and religious purposes.
                    (B) Temporary closure.--
                            (i) In general.--In carrying out 
                        subparagraph (A), the Secretary concerned, in 
                        consultation with the applicable Tribal 
                        commission, on request of an Indian Tribe or 
                        applicable Tribal commission, may 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 medicinal 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 
                                necessary.
                                    (II) Access.--Access by members 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 ``American 
                                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 abrogates rights secured by 
        treaty, statute, Executive order, or other Federal law of any 
        Indian Tribe, including 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 jurisdiction 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 criminal regulatory 
        jurisdiction, including law enforcement, 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 traditional, 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.
    (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 association 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 association 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 commission.

SEC. 7. SELF-DETERMINATION CONTRACTS.

    (a) In General.--The Secretary concerned may contract with 1 or 
more Indian Tribes or Tribal organizations 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 Indian 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 contract 
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 Indian Tribes, shall--
            (1) establish criteria for recommending Tribal cultural 
        sites for designation as Tribal cultural areas for inclusion in 
        the System, using the factors described in subsection (b);
            (2) solicit recommendations for Tribal cultural sites on 
        land under the jurisdiction of the Secretary concerned to be 
        designated as Tribal cultural areas for inclusion in the System 
        from--
                    (A) any interested Indian Tribe;
                    (B) any applicable State Historic Preservation 
                Officer; and
                    (C) any applicable Tribal Historic Preservation 
                Officer;
            (3) review designations in local land management plans to 
        identify Tribal cultural sites that meet the criteria 
        established by the Secretary concerned under paragraph (1);
            (4) consider any other relevant information, including oral 
        histories, traditional knowledge, Native knowledge, and 
        traditional ecological knowledge, regarding 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 paragraphs (2) through 
        (4), for designation as a Tribal cultural area for inclusion in 
        the System; and
            (6) make recommendations to Congress regarding Tribal 
        cultural sites that the Secretary concerned determines should 
        be designated as Tribal cultural areas for inclusion in the 
        System.
    (b) Factors.--The factors that the Secretary concerned shall 
consider in establishing criteria for recommending 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 cultural area to 
        an Indian Tribe or members of an Indian Tribe for traditional 
        cultural activities, including praying, conducting ceremonies, 
        visiting burial sites, gathering plants, and undertaking other 
        traditional cultural activities;
            (2) the past or present cultural, traditional, and 
        historical affiliations of an Indian Tribe to the potential 
        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.
    (d) Additional Areas.--
            (1) In general.--One or more interested Indian 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 significance and 
                history of the proposed Tribal cultural 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 paragraph (1) 
                        by the deadline described in subparagraph (A), 
                        the petition shall be considered to have been 
                        denied by the Secretary concerned.
                            (ii) Extension.--The Secretary concerned 
                        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 concerned 
                        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 
                                established under subsection (a)(1); or
                                    (II) approving the petition--
                                            (aa) would violate Federal 
                                        law; or
                                            (bb) is not in the public 
                                        interest.
                            (ii) Recommendations.--On approval of a 
                        petition submitted under paragraph (1), the 
                        Secretary concerned shall--
                                    (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 
                                subsection (e).
                    (D) Denial.--Not later than 60 days after the date 
                on which the Secretary concerned, as applicable, denies 
                a petition submitted 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 denied the 
                        petition; and
                            (ii) an opportunity to correct any 
                        deficiencies in the petition.
    (e) Management of Recommended Areas.--
            (1) In general.--Until Congress determines otherwise, the 
        Secretary concerned shall--
                    (A) manage each recommended Tribal cultural area--
                            (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 recommended Tribal 
                cultural area as are consistent 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, mineral 
                materials, and geothermal leasing laws.
            (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 recommended 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 designated 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 interested Indian Tribe 
        may petition the Secretary concerned to be identified as having 
        an interest in the management of a Tribal cultural area under 
        paragraph (1).
    (b) Consultation.--
            (1) In general.--The Secretary concerned shall consult with 
        the applicable Tribal commission not less frequently than twice 
        each year, unless otherwise 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 concerned determines 
        that a proposed management action 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 determine 
        specific measures to modify, or otherwise address, the proposed 
        management action.
            (4) Written explanation.--If, after consultation under 
        paragraph (3), the Secretary concerned determines not to 
        implement a proposed management action submitted to the 
        Secretary concerned under paragraph (2), not later than 90 days 
        after making such a determination, the Secretary concerned 
        shall provide to the applicable Tribal commission 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 environmental 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 environmental law 
                (including regulations).
            (2) Effect.--Nothing in this Act alters or abridges the 
        application of any Federal environmental law.
            (3) Environmental analyses.--Nothing in this Act authorizes 
        the Secretary concerned, an Indian Tribe, or a Tribal 
        organization to waive completion of any necessary environmental 
        analysis under applicable Federal environmental law.
            (4) Retention of nepa responsibilities.--The Secretary 
        concerned shall make any decision required to be made under the 
        National Environmental 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 Procedure 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 Endangered 
        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 Tribal cultural area.
    (e) Water Rights.--
            (1) In general.--Nothing in this Act--
                    (A) constitutes an express or implied reservation 
                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 concerned 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 Wilderness 
                Preservation System;
                    (D) a designated wilderness study area or other 
                area managed for wilderness characteristics;
                    (E) a National Conservation Area;
                    (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 cultural area for 
        inclusion in the System shall not diminish the protections 
        granted to, or the management 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 Secretary concerned determines, in 
        consultation with 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 applicability.--
                    (A) In general.--Information described in paragraph 
                (1) shall be exempt from disclosure under section 552 
                of title 5, United States Code.
                    (B) Applicability.--For purposes of subparagraph 
                (A), this subsection shall be considered a statute 
                described in section 552(b)(3)(B) of title 5, United 
                States Code.
                                 <all>