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Title VI — Additional Provisions Regarding Indian Tribes

H.R. 1321 · 116th Congress · Feb 22, 2019 · Lineage

VI Additional Provisions Regarding Indian Tribes

Sec. 601 Indian tribes

Nothing in this Act may be construed to affect or modify any treaty or other right of an Indian tribe.

Sec. 602 Federal trust responsibility

Nothing in this Act is intended to amend, alter, or give priority over the Federal trust responsibility to Indian tribes.

Sec. 603 Exemption from Freedom of Information Act

If a Federal department or agency receives any information related to sacred sites or cultural activities identified by an Indian tribe as confidential, such information shall be exempt from disclosure under section 552 of title 5, United States Code, popularly known as the Freedom of Information Act (5 U.S.C. 552).

Sec. 604 Application of Indian Self-Determination and Education Assistance Act

The Secretary of the Interior may apply the provisions of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.; Public Law 93–638) when appropriate in the implementation of this Act.

Sec. 605 Native American uses

(a)
Definition— For purposes of this section and section 505, the term “protected areas” means land designated by this Act as wilderness, wildland recovery areas, wild and scenic rivers, and biological corridors.
(b)
Nonexclusive access— In recognition of the past use of portions of the protected areas by Native Americans for traditional cultural and religious purposes, the Secretary of Agriculture and the Secretary of the Interior shall ensure nonexclusive access to these protected areas by native people for such traditional cultural and religious purposes. Such access shall be consistent with the purpose and intent of Public Law 95–341 (42 U.S.C. 1996; commonly known as the American Indian Religious Freedom Act), and, in the case of land designated as wilderness by this Act, the Wilderness Act (16 U.S.C. 1121 et seq.). The Secretaries, in accordance with such laws, upon request of an Indian tribe, may from time-to-time temporarily close to the general public use of one or more specific portions of these protected areas in order to protect the privacy of religious activities and cultural uses in such portions by an Indian people. As part of the preparation of general management plans for the protected areas, the Secretaries shall request that the chief executive officers of appropriate Indian tribes make recommendations with respect to assuring access to important sites, enhancing the privacy of traditional cultural and religious activities, and protecting cultural and religious sites.