Section 1 Short title
This Act may be cited as the “Advancing Tribal Parity on Public Land Act”.
Advancing Tribal Parity on Public Land Act
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.
Sec. 2 Preventing disposal of cultural sites
In general—
Definitions— In this subsection:
Cultural site— The term cultural site means—
a sacred site;
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
a landform or landscape that—
is the site of important customs, practices, objects, places, religions, or ceremonies of Indian Tribes;
is important to an Indian Tribe for the undertaking of religious, cultural, spiritual, or traditional practices;
is connected through features or ceremonies to other sites or a larger sacred landscape, as determined by an Indian Tribe; or
contains unique or important traditional Tribal food, medicinal, or material gathering areas.
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.
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).
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—
historic, precontact, cultural, or religious connection to a cultural site located on the tract of public land;
a former reservation located on the tract of public land; or
treaty rights or other reserved rights associated with the tract of public land.
Public land— The term public land means—
public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)); and
National Forest System land.
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.
Secretary concerned— The term Secretary concerned means—
with respect to public land described in subparagraph (E)(i), the Secretary of the Interior; and
with respect to public land described in subparagraph (E)(ii), the Secretary of Agriculture.
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—
would not impact the rights and interests of any interested Indian Tribe; and
would not impair access to a reservation.
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—
in accordance with—
Executive Order 13175 (25 U.S.C. 5301 note; relating to consultation and coordination with Indian tribal governments);
chapter 1780 of the Bureau of Land Management Manual (or successor regulations), with respect to public land described in paragraph (1)(E)(i); and
chapter 1563 of the Forest Service Manual (or successor regulations), with respect to public land described in paragraph (1)(E)(ii); and
in a manner that—
the Secretary concerned determines provides adequate notice to each Indian Tribe of the availability of the tract for sale; and
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.
Tribal right of first refusal—
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.
Multiple bids—
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.
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).
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.
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.
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—
the Uniform Appraisal Standards for Federal Land Acquisitions; and
the Uniform Standards of Professional Appraisal Practice.
Federal land policy and management act of 1976 amendments—
Exchanges— Section 206(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(a)) is amended—
by inserting “, the interests of Indian Tribes,” after “better Federal land management”; and
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”
Coordination with state, local, and tribal governments—
In general— Section 210 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1720) is amended—
in the first sentence—
by striking “are located and the head” and inserting “are located, the head”; and
by inserting “and interested Indian Tribes” after “area within which such lands are located,”; and
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”
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:
Federal land transaction facilitation act amendments—
Definitions— Section 203 of the Federal Land Transaction Facilitation Act (43 U.S.C. 2302) is amended—
in paragraph (1)—
by inserting “, including sacred sites and land that affect the exercise of treaty or other reserved rights,” after “value”; and
by striking “Federal, State, or local” and inserting “Federal, State, Tribal, or local”;
by redesignating paragraphs (1), (2), (3), (4), (5), and (6) as paragraphs (2), (3), (5), (7), (9), and (11), respectively;
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.”
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.”
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).”
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.”
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.”
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”.
Federal land disposal account— Section 206(c)(3) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(c)(3)) is amended—
by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and
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;”
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—
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”
in paragraph (2), by striking “may prescribe; and” and all that follows through the end of paragraph (3) and inserting the following:
“(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.”
Education land grant act amendments— Section 202(a) of the Education Land Grant Act (16 U.S.C. 479a(a)) is amended—
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
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”.
Miscellaneous provisions—
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.”.
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.
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
in the second sentence—
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”;
by striking “for sale to a governmental subdivision” and inserting “for sale to an Indian tribe (as so defined) or governmental subdivision”; and
by striking “will be controlled by the governmental subdivision” and inserting “will be controlled by the Indian tribe (as so defined) or governmental subdivision”.
Sec. 3 Increased consultation
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”.
Land use planning— Section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended—
in subsection (c)(9), by striking “State and local” each place it appears and inserting “State, local, and Tribal”; and
in subsection (f), by striking “Federal, State, and local” and inserting “Federal, State, local, and Tribal”.
Advisory councils and public participation— Section 309 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1739) is amended—
in subsection (a)—
in the fifth sentence, by striking “The establishment” and inserting the following:
“(6) Requirement—The establishment”
in the fourth sentence, by striking “Appointments” and inserting the following:
“(5) Appointments—Appointments”
in the third sentence, by striking “To the extent” and inserting the following:
“(4) No duplication—To the extent”
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”
in the first sentence, by inserting “and Tribal” before “interests concerning”;
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”
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.”
Improved planning—
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”.
Definition of indian tribe— Section 4 of the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 531) is amended—
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”
in paragraph (2)(A) (as so designated), by striking “making the most” and inserting the following:
“(B) making the most”
in paragraph (2)(B) (as so designated), by striking “that some land” and inserting the following:
“(C) that some land”
in paragraph (2)(C) (as so designated), by striking “harmonious” and inserting the following:
“(D) harmonious”
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”
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”.
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”.
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”.
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—
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”
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)”
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.”
Sec. 4 Confidential information
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.
Sensitive information—
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.
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.