---
kind: "section"
citation: "16 U.S.C. § 410aaa–75"
title: "16"
title_heading: "Conservation"
number: "410aaa–75"
heading: "Native American uses and interests"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/410aaa-75"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LIX–Y — California Desert Lands Parks, Preserve, and Off-Highway Vehicle Recreation Areas"
  - "Part D — Miscellaneous Provisions"
---

# §410aaa–75. Native American uses and interests

- (a) **Access—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall ensure access to [areas](/usc/16/539m–1.md?p=1-A) designated under this Act by members of [Indian Tribes](/usc/16/544.md?p=g) for traditional cultural and religious purposes, consistent with applicable law, including Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) ([42 U.S.C. 1996](/usc/42/1996.md) [, 1996a]).
- (b) **Temporary closure—**
  - (1) **In general—** In accordance with applicable law, including Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) ([42 U.S.C. 1996](/usc/42/1996.md) [, 1996a]), and subject to [paragraph (2)](#b-2), the [Secretary](/usc/16/410r–5.md?p=c-1), on request of an Indian Tribe or Indian religious community, shall temporarily close to general public use any portion of an [area](/usc/16/539m–1.md?p=1-A) designated as a national monument, special management [area](/usc/16/539m–1.md?p=1-A), wild and scenic river, [area](/usc/16/539m–1.md?p=1-A) of critical environmental concern, or National [Park](/usc/16/410r–5.md?p=c-3) System [unit](/usc/16/430f–7.md?p=4) under this Act (referred to in this subsection as a “designated [area](/usc/16/539m–1.md?p=1-A)”) to protect the privacy of traditional cultural and religious activities in the designated [area](/usc/16/539m–1.md?p=1-A) by members of the Indian Tribe or Indian religious community.
  - (2) **Limitation—** In closing a portion of a designated [area](/usc/16/539m–1.md?p=1-A) under [paragraph (1)](#b-1), the [Secretary](/usc/16/410r–5.md?p=c-1) shall limit the closure to the smallest practicable [area](/usc/16/539m–1.md?p=1-A) for the minimum period necessary for the traditional cultural and religious activities.
- (c) **Study—**
  - (1) The [Secretary](/usc/16/410r–5.md?p=c-1), in consultation with the Timbisha Shoshone Tribe and relevant Federal agencies, shall conduct a study, subject to the availability of appropriations, to identify lands suitable for a reservation for the Timbisha Shoshone Tribe that are located within the Tribe’s aboriginal homeland [area](/usc/16/539m–1.md?p=1-A) within and outside the boundaries of the Death Valley National Monument and the Death Valley National [Park](/usc/16/410r–5.md?p=c-3), as described in part A of this subchapter.
  - (2) Not later than 1 year after October 31, 1994, the [Secretary](/usc/16/410r–5.md?p=c-1) shall submit a report to the Committee on Energy and Natural Resources and the Committee on Indian Affairs of the United States Senate, and the Committee on Natural Resources of the United States House of Representatives on the results of the study conducted under [paragraph (1)](#c-1).
- (d) **Tribal cultural resources management plan—**
  - (1) **In general—** Not later than 2 years after March 12, 2019, the [Secretary](/usc/16/410r–5.md?p=c-1) shall develop and implement a Tribal cultural resources [management plan](/usc/16/544.md?p=k) to identify, protect, and conserve cultural resources of [Indian Tribes](/usc/16/544.md?p=g) associated with the Xam Kwatchan Trail network extending from Avikwaame (Spirit Mountain, Nevada) to Avikwlal (Pilot Knob, California).
  - (2) **Consultation—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall consult on the development and implementation of the Tribal cultural resources [management plan](/usc/16/544.md?p=k) under [paragraph (1)](#d-1) with—
    - (A) each of—
      - (i) the Chemehuevi Indian Tribe;
      - (ii) the Hualapai Tribal Nation;
      - (iii) the Fort Mojave Indian Tribe;
      - (iv) the Colorado River [Indian Tribes](/usc/16/544.md?p=g);
      - (v) the Quechan Indian Tribe; and
      - (vi) the Cocopah Indian Tribe;
    - (B) the Advisory Council on Historic Preservation; and
    - (C) the [State](/usc/16/590q.md?p=a) Historic Preservation Offices of Nevada, Arizona, and California.
  - (3) **Resource protection—** The Tribal cultural resources [management plan](/usc/16/544.md?p=k) developed under [paragraph (1)](#d-1) shall—
    - (A) be based on a completed Tribal cultural resources survey; and
    - (B) include procedures for identifying, protecting, and preserving petroglyphs, ancient trails, intaglios, sleeping circles, artifacts, and other resources of cultural, archaeological, or historical significance in accordance with all applicable laws and policies, including—
      - (i) [chapter 2003](/usc/54/chstII/ch2003.md) of title 54;
      - (ii) Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) ([42 U.S.C. 1996](/usc/42/1996.md) [, 1996a]);
      - (iii) the Archaeological Resources Protection Act of 1979 ([16 U.S.C. 470aa](/usc/16/470aa.md) et seq.);
      - (iv) the [Native](/usc/16/3102.md?p=16) American Graves Protection and Repatriation Act ([25 U.S.C. 3001](/usc/25/3001.md) et seq.); and
      - (v) Public Law 103–141 (commonly known as the “Religious Freedom Restoration Act of 1993”) ([42 U.S.C. 2000bb](/usc/42/2000bb.md) et seq.).
- (e) **Withdrawal—** Subject to valid existing rights, all [Federal land](/usc/16/3102.md?p=2) within the [area](/usc/16/539m–1.md?p=1-A) administratively withdrawn and known as the “Indian Pass Withdrawal [Area](/usc/16/539m–1.md?p=1-A)” is permanently 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) right-of-way leasing and disposition under all laws relating to minerals or solar, wind, or geothermal energy.

## Source credit

(Pub. L. 103–433, title VII, § 705, Oct. 31, 1994, 108 Stat. 4498; Pub. L. 116–9, title I, § 1454, Mar. 12, 2019, 133 Stat. 714.)

## Notes

### Editorial Notes

### References in Text

This Act, referred to in subsecs. (a) and (b)(1), is defined in section 3 of Pub. L. 103–433, which is set out as a Definitions note under section 410aaa of this title.

The American Indian Religious Freedom Act, referred to in subsecs. (a), (b)(1), and (d)(3)(B)(ii), is Pub. L. 95–341, Aug. 11, 1978, 92 Stat. 469, which is classified to sections 1996 and 1996a of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1996 of Title 42 and Tables.

The Archaeological Resources Protection Act of 1979, referred to in subsec. (d)(3)(B)(iii), is Pub. L. 96–95, Oct. 31, 1979, 93 Stat. 721, which is classified generally to chapter 1B (§ 470aa et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 470aa of this title and Tables.

The Native American Graves Protection and Repatriation Act, referred to in subsec. (d)(3)(B)(iv), is Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, which is classified principally to chapter 32 (§ 3001 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of Title 25 and Tables.

The Religious Freedom Restoration Act of 1993, referred to in subsec. (d)(3)(B)(v), is Pub. L. 103–141, Nov. 16, 1993, 107 Stat. 1488, which is classified principally to chapter 21B (§ 2000bb et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000bb of Title 42 and Tables.

### Amendments

2019—Pub. L. 116–9 added subsecs. (a), (b), (d), and (e), redesignated former subsec. (b) as (c), and struck out former subsec. (a) which related to access to park system units and wilderness areas by Indian people for traditional cultural and religious purposes.

### Statutory Notes and Related Subsidiaries

### “Secretary” Defined

Section 103 of Pub. L. 103–433 provided in part that in this subchapter “Secretary” means the Secretary of the Interior.