II 118th CONGRESS 1st Session S. 3186 IN THE SENATE OF THE UNITED STATES November 1, 2023 Mr. Heinrich introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To protect Native cultural sites located on Federal land, to improve consultation with Indian Tribes, to bring parity to Indian Tribes with regard to Federal public land management laws, and for other purposes.

1. Short title This Act may be cited as the Advancing Tribal Parity on Public Land Act . 2. Preventing disposal of cultural sites (a) In general (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 enactment of this Act)); or (iii) a landform or landscape that— (I) is the site of important customs, practices, objects, places, religions, or ceremonies 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 material gathering areas. (B) 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 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 component reservation individually identified (including 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 disposition 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 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) ), means an Indian Tribe with— (i) historic, precontact, cultural, or religious 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 Management 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 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 or medicinal use of the site by, an Indian Tribe. (G) Secretary concerned The term Secretary concerned means— (i) with respect to public land described in subparagraph (E)(i), the Secretary of the Interior; and (ii) with respect to public land described in subparagraph (E)(ii), the Secretary 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 correspondence signed by the Secretary concerned and all interested Indian Tribes, that disposal of the tract— (A) would not impact the rights and interests of any interested Indian Tribe; and (B) would not impair access to a reservation. (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 Indian Tribe and would not impair access to a reservation, 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 coordination 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 Service Manual (or successor regulations), with respect to public land described in paragraph (1)(E)(ii); and (B) in a manner that— (i) the Secretary concerned determines provides adequate notice to each Indian Tribe of the availability of the tract for sale; and (ii) uses any methods or modes of communication by which an Indian Tribe has requested to be notified of the availability of the tract for sale. (4) Tribal right of first refusal (A) Sale to Indian tribe If an interested 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 Secretary concerned shall sell the tract to the interested Indian Tribe. (B) Multiple bids (i) In general If more than 1 interested Indian Tribe submits a bid to purchase a tract of public land under subparagraph (A), the Secretary concerned shall defer the sale of the tract for a period of not more than 180 days, unless an extension is agreed to by the interested Indian Tribes that submitted bids and the Secretary concerned, to allow the Secretary concerned and interested Indian Tribes to develop a mutually agreeable sale of the 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 agreement 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 interested Indian Tribes fail to reach an agreement regarding the sale of the applicable 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 Indian Tribe. (5) Appraisal standards The fair market value of a tract of public land to be sold under this subsection shall be determined pursuant to an appraisal conducted in accordance with— (A) the Uniform Appraisal Standards for Federal Land Acquisitions; and (B) the Uniform Standards of Professional Appraisal Practice. (b) Federal land policy and management act of 1976 amendments (1) Exchanges Section 206(a) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(a) ) is amended— (A) by inserting , the interests of Indian Tribes, after better Federal land management ; and (B) by striking (a) A tract and inserting the following: (a) Authorization (1) Definition of Indian Tribe In this subsection, 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 ). (2) Authorization A tract . (2) Coordination with state, local, and Tribal governments (A) In general Section 210 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1720 ) is amended— (i) in the first sentence— (I) by striking are located and the head and inserting are located, the head ; and (II) by inserting and interested Indian Tribes after area within which such lands are located, ; and (ii) by striking the section heading and designation and all that follows through At least sixty in the first sentence and inserting the following: 210. Coordination with State, local, and Tribal governments (a) Definitions In this section: (1) Cultural site The term cultural site means— (A) a sacred site; (B) a historic property (as defined in section 800.16 of title 36, Code of Federal Regulations (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 ceremonies 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 material 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 Secretarial order for an Indian Tribe. (3) 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 ). (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 religious 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 significance 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, Tribal, or local ; (B) by redesignating paragraphs (1), (2), (3), (4), (5), and (6) as paragraphs (2), (3), (5), (7), (9), and (11), respectively; (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 section 800.16 of title 36, Code of Federal Regulations (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 ceremonies 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 material gathering areas. ; (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 Secretarial 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, 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 ). ; (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— (A) historic, precontact, cultural, or religious 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 procedures Section 204(b) of the Federal Land Transaction Facilitation Act ( 43 U.S.C. 2303(b) ) is amended, in the first sentence, by inserting , including notice to all interested Indian Tribes, after public notice . (3) Federal land disposal account Section 206(c)(3) of the Federal Land Transaction Facilitation Act ( 43 U.S.C. 2305(c)(3) ) is amended— (A) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; 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 amended— (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 paragraph (2) and inserting the following: 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, community, component band, or component reservation individually identified (including 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 ). (2) Interchange The term interchange means a land transfer ; and (2) in paragraph (2), by striking may prescribe; and and all that follows through the end of paragraph (3) and inserting the following: “may prescribe. (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 Bureau of Indian Education after public school district . (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 educational purposes under existing law may select such lands within the boundaries of any Indian reservation 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 reservation 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 inserting 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 inserting 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 subdivision ; (ii) by striking for sale to a governmental subdivision and inserting for sale to an Indian tribe (as so defined) or governmental subdivision ; and (iii) by striking will be controlled by the governmental subdivision and inserting will be controlled by the Indian tribe (as so defined) or governmental subdivision . 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 . (b) Land use planning Section 202 of the Federal 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 participation Section 309 of the Federal Land Policy and Management 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: (3) Requirements for membership (A) In general At least 1 member of each advisory council established under this section ; and (E) in the first sentence, by inserting and Tribal before interests concerning ; (2) by striking the section heading and designation and all that follows through (a) The Secretary and inserting the following: 309. Advisory councils and public participation (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 enactment of the Advancing Tribal Parity on Public Land Act )); or (iii) a landform or landscape that— (I) is the site of important customs, practices, objects, places, religions, or ceremonies 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 material gathering areas. (B) 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 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 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 ). (D) Interested Indian Tribe The term interested Indian Tribe , with respect to the public lands within an area for which an advisory council is established under this section, means an Indian Tribe with— (i) historic, precontact, cultural, or religious connection to a cultural site located 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 delineated site on public lands 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 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 established under this section shall be a representative of an interested Indian Tribe. . (d) Improved planning (1) Development and management of national 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 subsection (a) and inserting the following: 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, community, component band, or component reservation individually identified (including 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 ). (2) Multiple use The term multiple use means— (A) the ; (B) in paragraph (2)(A) (as so designated), by striking making the most and inserting the following: (B) making the most ; (C) in paragraph (2)(B) (as so designated), by striking that some land and inserting the following: (C) that some land ; (D) in paragraph (2)(C) (as so designated), by striking harmonious and inserting the following: (D) harmonious ; and (E) in subsection (b), by striking the subsection designation and all that follows through means the achievement and inserting the following: (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 resource management plans Section 6(a) of the Forest 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 sentence, by striking Federal, State, and private organizations 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 Federal, State, and local governments and inserting Federal, State, Tribal, and local governments . (h) Advisory boards for public participation in the planning for and management of the national 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: (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 enactment of the Advancing Tribal Parity on Public Land Act )); or (iii) a landform or landscape that— (I) is the site of important customs, practices, objects, places, religions, or ceremonies 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 material gathering areas. (B) 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 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 component reservation individually identified (including 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 located 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 National Forest System land. (E) Sacred site The term sacred site means a specific, discrete, narrowly delineated 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 paragraph (2) ; and (3) in paragraph (3) (as so designated), by adding at the end the following: (B) Interested Indian Tribes At least 1 member of each advisory board established under paragraph (2) shall be a representative of an interested Indian Tribe. . 4. Confidential information (a) In general Notwithstanding any other provision of law, at the request of the applicable Indian Tribe or Tribal government, any Tribal consultation meeting held for the purpose of carrying out this Act or an amendment 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 applicable Indian Tribe or Tribal government designates 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 protected 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 carrying out this Act or an amendment made by this Act. (2) Access If information has been designated as sensitive under paragraph (1), the applicable agency shall determine, in consultation with the applicable Indian Tribe or Tribal government, who may have access to the information for the purposes of carrying out this Act or an amendment made by this Act.