,,ii #aafth ,,congress #b;d ,session ,s4 #dbhh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bb1 #bjbj,mr4 ,tester introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to establish the ,badger-,two ,medicine ,cultural ,heritage ,area in the ,state of ,montana1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,badger-,two ,medicine ,protection ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,cultural ,heritage ,area ,the term ,cultural ,heritage ,area means the ,badger-,two ,medicine ,cultural ,heritage ,area established by section #e7;a74 7#b7 ,existing use ,the term existing use means a use that is occurring within the ,cultural ,heritage ,area as of the date of enactment of this ,act4 7#c7 ,management plan ,the term management plan means the management plan for the ,cultural ,heritage ,area required by section #e7;d77#a74 7#d7 ,map ,the term map means the map entitled ,badger-,two ,medicine ,cultural ,heritage ,area ,map and dated ,july #ba1 #bjbj4 7#e7 ,native knowledge ,the term ,native knowledge has the meaning given the term in section #bai4ai of title #cf1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#f7 ,new use 7,a7 ,in general ,the term new use means-- 7i7 a use that-- 7,i7 involves a surface disturbance2 and 7,,ii7 is not occurring within the ,cultural ,heritage ,area as of the date of enactment of this ,act2 or 7ii7 an existing use that is being modified-- 7,i7 to create a surface disturbance2 or 7,,ii7 to significantly expand or alter impacts on the land1 water1 air1 fish1 wildlife1 or cultural resources of the ,cultural ,heritage ,area4 7,b7 ,exclusion ,the term new use does not include a use that is-- 7i7 determined by the ,secretary not to1 individually or cumulatively1 have a significant effect on the human environment2 7ii7 necessary to maintain a road1 trail1 structure1 or facility within the ,cultural ,heritage ,area in existence as of the date of enactment of this ,act2 or 7iii7 carried out to comply with the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#h7 ,state ,the term ,state means the ,state of ,montana4 7#i7 ,tribal ,business ,council ,the term ,tribal ,business ,council means the ,blackfeet ,tribal ,business ,council4 7#aj7 ,tribe ,the term ,tribe means the ,blackfeet ,nation4 #c4 ,findings ,congress finds that-- 7#a7 the ,badger-,two ,medicine is sacred land1 a living cultural landscape1 a hunting ground1 a refuge1 a wildlife sanctuary1 a place of refuge for wild nature1 and an important part of both ,tribal and non-,tribal community values2 7#b7 the ,badger-,two ,medicine is a stronghold for wild nature1 isolated from and unmarred by development1 where natural processes continue to function and relatively uncommon plant and animal communities continue to exist2 7#c7 the people of the ,tribe have been present in the ,badger-,two ,medicine area for time immemorial1 using the plant1 mineral1 and animal resources and landforms of that area for sustenance and cultural1 medicinal1 and ceremonial activities1 purposes for which the people of the ,tribe continue to use that area today2 7#d7 a community of ,tribal and non-,tribal people have used the ,badger-,two ,medicine for multiple generations for hunting1 fishing1 camping1 horsepacking1 and wilderness solitude1 purposes for which the community continues to use the area today2 7#e7 the ,badger-,two ,medicine contains-- 7,a7 several important headwater streams of the ,missouri ,river basin1 which provide critical clean water for ecological1 agricultural1 and domestic purposes2 and 7,b7 abundant fish and wildlife1 spectacular natural scenery1 and outstanding recreational opportunities2 7#f7 the ,badger-,two ,medicine provides important ecological connectivity to ,glacier ,national ,park1 the ,bob ,marshall ,wilderness ,complex1 the ,blackfeet ,indian ,reservation1 and other public lands2 7#g7 through treaties and agreements with the ,federal ,government1 the ,tribe retains rights to conduct various activities within the ,badger-,two ,medicine region2 and 7#h7 the establishment of the ,badger-,two ,medicine ,cultural ,heritage ,area is vital to the continuation and revitalization of the ,blackfeet culture1 while continuing to serve the heritage of the broader public as a place of recreation1 traditional use1 and sanctuary4 #d4 ,purposes ,the purposes of this ,act are-- 7#a7 to protect the cultural1 ecological1 scenic1 and recreational resources of the ,badger-,two ,medicine area for the benefit1 use1 and enjoyment of present and future generations2 7#b7 to permanently protect the cultural values1 attributes1 and integrity of the ,badger-,two ,medicine ,traditional ,cultural ,district2 7#c7 to protect the ability of the ,tribe-- 7,a7 to exercise their treaty rights2 and 7,b7 to enhance the opportunity for the ,blackfeet people to continue to use the ,badger-,two ,medicine area1 as they have since time immemorial2 7#d7 to protect the ability of ,tribal and non-,tribal people to use the ,badger-,two ,medicine area for traditional activities1 including hunting1 fishing1 hiking1 horsepacking1 and camping1 as they have for generations2 7#e7 7,a7 to protect and enhance the ecological integrity of the ,badger-,two ,medicine1 including fish and wildlife habitat2 and 7,b7 to ensure that the ,badger-,two ,medicine area continues to serve as an ecological corridor connecting adjacent lands2 7#f7 to maintain the water quality and free-flowing character of the rivers and streams within the ,badger-,two ,medicine area2 and 7#g7 to establish a management framework for the ,badger-,two ,medicine area that recognizes-- 7,a7 the treaty rights of the ,tribe2 and 7,b7 the historical and contemporary connection of the ,tribe with the natural and cultural world of the area4 #e4 ,badger-,two ,medicine ,cultural ,heritage ,area 7a7 ,establishment ,subject to valid existing rights1 there is established the ,badger-,two ,medicine ,cultural ,heritage ,area in the ,state4 7b7 ,area included ,the ,cultural ,heritage ,area shall consist of #abg1ddg acres of ,federal land managed by the ,forest ,service1 as generally depicted on the map4 7c7 ,purposes ,the purposes of the ,cultural ,heritage ,area are-- 7#a7 to preserve for the benefit and enjoyment of present and future generations the cultural1 ecological1 scenic1 and recreational values of the ,cultural ,heritage ,area2 and 7#b7 to enable the people of the ,tribe to continue to carry out traditional cultural practices in the ,cultural ,heritage ,area4 7d7 ,management plan 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act and in accordance with paragraph 7#b71 the ,secretary shall develop1 as an amendment to the land and resource management plan for the ,helena-,lewis and ,clark ,national ,forest1 a comprehensive plan for the long-term protection and management of the ,cultural ,heritage ,area4 7#b7 ,requirements ,in developing the management plan1 the ,secretary shall-- 7,a7 consult with-- 7i7 appropriate ,state1 ,tribal1 and local governmental entities2 7ii7 the ,tribe2 7iii7 the ,badger-,two ,medicine ,advisory ,council established by section #g7;a72 and 7iv7 members of the public2 7,b7 at the request of the ,tribe1 include the ,tribe as a cooperating agency in the development of the management plan2 7,c7 incorporate ,native knowledge into the management plan to the maximum extent practicable2 7,d7 include public education and interpretation regarding-- 7i7 the cultural significance of the ,badger-,two ,medicine region to the ,tribe2 and 7ii7 traditional uses and place names within the region2 and 7,e7 provide for recreational opportunities to occur within the ,cultural ,heritage ,area1 including hiking1 fishing1 hunting1 horseback riding1 and camping4 7#c7 ,incorporation of existing plan ,in developing the management plan1 to the extent consistent with this section1 the ,secretary may incorporate any provision of the land and resource management plan for the ,helena-,lewis and ,clark ,national ,forest4 7e7 ,management 7#a7 ,in general ,the ,secretary shall manage the ,cultural ,heritage ,area-- 7,a7 in a manner that conserves1 protects1 and enhances the resources of the ,cultural ,heritage ,area2 and 7,b7 in accordance with-- 7i7 the laws 7including regulations7 and rules applicable to the ,national ,forest ,system2 7ii7 this ,act2 and 7iii7 any other applicable laws 7including regulations74 7#b7 ,uses ,the ,secretary shall only allow such uses of the ,cultural ,heritage ,area that the ,secretary determines1 in consultation with the ,tribe1 would further the purposes described in subsection 7c74 7f7 ,prohibitions ,subject to valid existing rights1 the following activities shall be prohibited on ,national ,forest ,system land within the ,cultural ,heritage ,area3 7#a7 ,construction of new or temporary roads1 except temporary roads necessary to protect public health and safety4 7#b7 ,the use of motorized or mechanized vehicles1 except-- 7,a7 for administrative purposes authorized in relation to an existing permit1 agreement1 or lease2 or 7,b7 to respond to an emergency4 7#c7 ,commercial timber harvest4 7#d7 ,construction of permanent structures1 except as necessary to meet minimum requirements for the administration of the ,cultural ,heritage ,area 7including pursuant to special use permits and leases74 7g7 ,vegetation management ,nothing in this section prevents the ,secretary from conducting noncommercial vegetation management projects within the ,cultural ,heritage ,area-- 7#a7 subject to-- 7,a7 such reasonable regulations1 policies1 and practices as the ,secretary determines to be appropriate2 and 7,b7 all applicable laws 7including regulations72 and 7#b7 in a manner consistent with the purposes described in subsection 7c74 7h7 ,grazing ,the ,secretary shall permit grazing within the ,cultural ,heritage ,area1 if established on the date of enactment of this ,act-- 7#a7 subject to-- 7,a7 such reasonable regulations1 policies1 and practices as the ,secretary determines appropriate2 and 7,b7 all applicable laws2 and 7#b7 in a manner consistent with the purposes described in subsection 7c74 7i7 ,wildfire ,wildfire suppression within the ,cultural ,heritage ,area shall be conducted-- 7#a7 in a manner consistent with the purposes described in subsection 7c72 and 7#b7 using such means as the ,secretary determines to be appropriate4 7j7 ,native ,american cultural and religious uses 7#a7 ,in general ,nothing in this section diminishes any rights of the ,tribe regarding access to the ,cultural ,heritage ,area for ,tribal activities1 including spiritual1 cultural1 and traditional food-gathering activities4 7#b7 ,native ,american uses and interests 7,a7 ,access and use ,in accordance with applicable law1 the ,secretary shall ensure access to the ,cultural ,heritage ,area by members of the ,tribe for traditional cultural purposes4 7,b7 ,temporary closure 7i7 ,in general ,in carrying out subparagraph 7,a71 the ,secretary1 on request of the ,tribe1 may temporarily close to the general public use of one or more specific portions of the ,cultural ,heritage ,area for the purpose of protecting the privacy of traditional cultural activities in the ,cultural ,heritage ,area by members of the ,tribe4 7ii7 ,limited effect ,a closure under clause 7i7 shall be made-- 7,i7 to affect the smallest practicable area2 and 7,,ii7 for the minimum period of time necessary for the purpose described in that clause4 7,c7 ,purpose of access ,access described in subparagraph 7,a7 shall be consistent with the purpose and intent of ,public ,law #ie-cda 7#db ,u4,s4,c4 #aiif7 7commonly known as the ,american ,indian ,religious ,freedom ,act7 and other applicable laws4 7k7 ,adjacent management 7#a7 ,in general ,the designation of the ,cultural ,heritage ,area shall not create a protective perimeter or buffer zone around the ,cultural ,heritage ,area4 7#b7 ,effect ,the fact that activities or uses can be seen or heard from areas within the ,cultural ,heritage ,area shall not preclude the conduct of the activities or uses outside the boundary of the ,cultural ,heritage ,area4 7l7 ,law enforcement ,the ,secretary1 in coordination with the ,tribe1 shall ensure adequate law enforcement presence to maintain the integrity of the ,cultural ,heritage ,area4 7m7 ,cooperative agreements ,the ,secretary may enter into cooperative agreements with the ,tribe to further the protection1 management1 or public interpretation of the ,cultural ,heritage ,area4 7n7 ,water resource facilities 7#a7 ,definitions ,in this subsection3 7,a7 ,reservation ,the term ,reservation means the ,blackfeet ,indian ,reservation located in the ,state4 7,b7 ,water resource facility ,the term water resource facility means a dam1 irrigation or pumping facility1 reservoir1 water conservation works1 aqueduct1 canal1 ditch1 pipeline1 well1 hydropower project1 transmission or other ancillary facility of a hydropower project1 and other water diversion1 storage1 or carriage structure4 7#b7 ,prohibition on new water resource facilities ,after the date of enactment of this ,act1 the ,president or any other officer1 employee1 or agent of the ,united ,states shall not fund1 assist1 authorize1 or issue a license or permit for the development of any new water resource facility within the ,cultural ,heritage ,area4 7#c7 ,effect ,nothing in this subsection prevents-- 7,a7 the development1 maintenance1 or operation of any water resource facility located on-- 7i7 the ,reservation2 7ii7 ,federal land outside the ,cultural ,heritage ,area2 or 7iii7 non-,federal land2 or 7,b7 the maintenance or repair of any water resource facility within the ,cultural ,heritage ,area in existence on the date of enactment of this ,act4 7o7 ,map and legal description 7#a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall submit a map and a legal description of the ,cultural ,heritage ,area to-- 7,a7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7,b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7#b7 ,force of law ,the map and legal description submitted under paragraph 7#a7 shall have the same force and effect as if included in this section1 except that the ,secretary may correct typographical errors in the map and legal description4 7#c7 ,public availability ,the map and legal description submitted under paragraph 7#a7 shall be on file and available for public inspection in the appropriate offices of the ,forest ,service4 #f4 ,tribal coordination 7a7 ,consultation 7#a7 ,in general ,the ,secretary shall consult with the ,tribe not less than twice each year1 unless otherwise mutually agreed1 regarding-- 7,a7 the protection1 preservation1 and management of the ,cultural ,heritage ,area2 7,b7 proposed new uses2 7,c7 whether management is compatible with the values and attributes of the ,badger-,two ,medicine ,traditional ,cultural ,district2 and 7,d7 management actions within the ,cultural ,heritage ,area necessary-- 7i7 to fulfill the purposes of this ,act2 7ii7 to ensure management decisions reflect ,native knowledge2 and 7iii7 to protect the off-reservation rights of the ,tribe4 7#b7 ,process for consultation 7,a7 ,existing regulations ,the ,secretary shall carry out consultation under this section in accordance with this ,act and chapter #aefj of the ,forest ,service ,manual 7or successor regulations74 7,b7 ,schedule ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall establish1 in consultation with the ,tribal ,business ,council1 a schedule for consultation4 7,c7 ,initiation ,to initiate consultation1 the ,secretary shall request1 in writing1 to consult with the ,tribal ,business ,council4 7,d7 ,in-person consultation ,the ,secretary shall carry out consultations1 in person1 with the ,tribal ,business ,council4 7,e7 ,summary ,within #cj days after the completion of each consultation1 the ,secretary shall send a written summary of the consultation to the ,tribal ,business ,council4 7,f7 ,reopening consultation ,if the ,tribal ,business ,council disagrees with the summary of consultation1 the ,tribal ,business ,council may1 within #cj days1 request to reopen the consultation4 7#c7 ,tribal management proposals ,the ,secretary shall-- 7,a7 consider proposals for management actions within the ,cultural ,heritage ,area submitted by the ,tribe2 and 7,b7 respond to the ,tribe1 in writing1 within #ij days if a management action proposed by the ,tribe is rejected4 7b7 ,new uses 7#a7 ,in general 7,a7 ,request for consent after consultation 7i7 ,denial of consent ,if the ,tribe denies consent for a new use within the ,cultural ,heritage ,area within #cj days after completion of the consultation process under subsection 7a71 the ,secretary shall not proceed with the new use4 7ii7 ,granting of consent ,if the ,tribe consents to a new use within the ,cultural ,heritage ,area in writing or fails to respond within #cj days after completion of the consultation process under subsection 7a71 the ,secretary may proceed with the notice and comment process and the environmental analysis with respect to the new use4 7,b7 ,final request for consent 7i7 ,request ,before the ,secretary signs a record of decision or decision notice for a proposed new use within the ,cultural ,heritage ,area1 the ,secretary shall again request the consent of the ,tribe4 7ii7 ,denial of consent ,if the ,tribe denies consent for a new use within #cj days after receipt of the proposed record of decision or decision notice under clause 7i71 the new use shall not be authorized4 7#b7 ,public involvement ,with respect to a proposed new use within the ,cultural ,heritage ,area1 the public shall be provided notice of-- 7,a7 the purpose and need for the proposed new use2 7,b7 the role of the ,tribe in the decisionmaking process2 and 7,c7 the position of the ,tribe on the proposal4 7c7 ,emergencies and emergency closure orders 7#a7 ,authority ,the ,secretary shall retain the authority of the ,secretary to manage emergency situations within the ,cultural ,heritage ,area-- 7,a7 to provide for public safety2 and 7,b7 by issuing emergency closure orders in the ,cultural ,heritage ,area subject to applicable law4 7#b7 ,notice ,the ,secretary shall notify the ,tribe regarding emergencies1 public safety issues1 and emergency closure orders that apply to the ,cultural ,heritage ,area as soon as practicable4 #g4 ,badger-,two ,medicine ,advisory ,council 7a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish an advisory council1 to be known as the ,badger-,two ,medicine ,advisory ,council 7referred to in this section as the ,council74 7b7 ,duties ,the ,council shall advise the ,secretary with respect to the preparation and implementation of the management plan4 7c7 ,applicable law ,the ,council shall be subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7d7 ,members ,the ,council shall include #i members1 to be appointed by the ,secretary1 with backgrounds that reflect-- 7#a7 the purposes for which the ,cultural ,heritage ,area was established2 and 7#b7 the interests of the stakeholders that are affected by the planning and management of the ,cultural ,heritage ,area4 7e7 ,representation 7#a7 ,in general ,the ,secretary shall ensure that the membership of the ,council is fairly balanced in terms of the points of view represented and the functions to be performed by the ,council4 7#b7 ,tribal representation ,the ,council shall include a representative of the ,tribe1 who shall be recommended to the ,secretary by the ,tribal ,business ,council4 7f7 ,duration ,the ,council shall terminate on the date that is #a year after the date on which the management plan is adopted by the ,secretary4 #h4 ,self-determination contracts 7a7 ,in general ,the ,secretary may contract with the ,tribe to perform administrative or management functions within the ,cultural ,heritage ,area through contracts entered into under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq474 7b7 ,requirements ,with respect to any contract carried out under subsection 7a7-- 7#a7 the ,secretary shall carry out all functions delegated to the ,secretary of the ,interior under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq472 and 7#b7 the contract or project shall be entered into under1 and in accordance with1 section #djc7;b77#b7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecfc7;b77#b774 7c7 ,effect on environmental and other requirements 7#a7 ,in general ,nothing in this section alters or abridges the application of-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 or 7,b7 any other ,federal environmental law 7including regulations74 7#b7 ,environmental analyses ,nothing in this section allows the ,secretary or the ,tribe to waive completion of any necessary environmental analysis under applicable ,federal law4 7#c7 ,retention of ,,nepa responsibilities ,the ,secretary shall make any decision required to be made under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or other applicable ,federal law 7including regulations7 with respect to any activity to be carried out on ,federal land under this section4 7#d7 ,applicability of the ,administrative ,procedure ,act ,nothing in this section alters or abridges the application of subchapter ,,ii of chapter #e or chapter #g of title #e1 ,united ,states ,code1 with respect to this section4 #i4 ,legal effect 7a7 ,fish and wildlife ,nothing in this ,act affects the jurisdiction or responsibilities of the ,state with respect to fish and wildlife4 7b7 ,public access ,except as otherwise provided in this ,act1 nothing in this ,act affects public access to the ,cultural ,heritage ,area4 7c7 ,water rights 7#a7 ,in general ,nothing in this ,act-- 7,a7 constitutes an express or implied reservation by the ,united ,states of water or water rights for any purpose2 or 7,b7 modifies or otherwise affects any water rights existing on the date of enactment of this ,act1 including any water rights held by the ,united ,states4 7#b7 ,state water law ,the ,secretary 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 the ,cultural ,heritage ,area4 7d7 ,treaty rights2 ,tribal land 7#a7 ,treaty rights ,nothing in this ,act alters1 modifies1 enlarges1 diminishes1 or abrogates the treaty rights of any ,indian ,tribe1 including the off-reservation reserved rights secured by the ,treaty with the ,blackfoot ,indians on ,october #ag1 #ahee1 and the ,agreement with the ,indians of the ,blackfeet ,indian ,reservation on ,september #bf1 #ahie4 7#b7 ,tribal land ,nothing in this ,act affects any land or interest in land held in trust by the ,secretary of the ,interior for the ,tribe or individual members of the ,tribe4 7e7 ,no effect on jurisdiction ,nothing in this ,act limits or otherwise affects the civil or criminal regulatory jurisdiction1 including law enforcement1 for issues under the jurisdiction of the ,tribe4 7f7 ,existing structures ,the maintenance of structures within the ,cultural ,heritage ,area in existence as of the date of enactment of this ,act may be permitted to continue-- 7#a7 in accordance with-- 7,a7 this ,act2 and 7,b7 applicable law2 7#b7 in a manner consistent with the purposes described in section #e7;c72 and 7#c7 subject to such reasonable regulations1 policies1 and practices as the ,secretary considers necessary4 #aj4 ,nondisclosure of cultural sites 7a7 ,in general ,the ,secretary shall not disclose to the public information regarding the nature and location of cultural sites where the ,secretary determines1 in consultation with the ,tribe1 that the disclosure may-- 7#a7 risk harm to cultural resources of the site2 7#b7 cause a significant invasion of privacy2 or 7#c7 impede the use of the site for traditional cultural activities by the ,tribe or members of the ,tribe4 7b7 ,effect ,information withheld from the public under subsection 7a7 shall not be considered to be a ,federal record for purposes of section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act74