,,ii #aagth ,,congress #b;d ,session ,s4 #ddbc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #af1 #bjbb,mr4 ,heinrich introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to establish the ,tribal ,cultural ,areas ,system1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,tribal ,cultural ,areas ,protection ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,existing use ,the term existing use1 with respect to a ,tribal cultural area1 means a use that is occurring within the ,tribal cultural area on the date on which the ,tribal cultural area is designated for inclusion in the ,system4 7#b7 ,former reservation ,the term former reservation means land that is within the exterior boundaries of the last reservation that was established by treaty1 ,executive order1 or ,secretarial order for an ,indian ,tribe4 7#c7 ,historic property ,the term historic property means a historic or precontact site1 building1 structure1 or object that has religious1 medicinal1 or cultural significance to an interested ,indian ,tribe4 7#d7 ,indian land ,the term ,indian land means land of an ,indian ,tribe or an individual ,indian that is-- 7,a7 held in trust by the ,united ,states2 or 7,b7 subject to a restriction against alienation imposed by the ,united ,states4 7#e7 ,indian ,tribe ,the term ,indian ,tribe means the governing body of any ,indian or ,alaska ,native tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation individually identified 7including parenthetically7 on the list published by the ,secretary under section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7#f7 ,interested indian ,tribe ,the term interested ,indian ,tribe1 with respect to a tract of public land1 means an ,indian ,tribe with-- 7,a7 historic1 precontact1 cultural1 or religious connections to a ,tribal cultural site located on the tract of public land2 7,b7 a former reservation located on the tract of public land2 or 7,c7 treaty rights or other reserved rights associated with the tract of public land4 7#g7 ,management plan ,the term management plan means the management plan developed for a ,tribal cultural area under section #e7;d77#c77;,a74 7#h7 ,national forest system ,the term ,national ,forest ,system has the meaning given the term in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a774 7#i7 ,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#aj7 ,new use 7,a7 ,in general ,the term new use1 with respect to a ,tribal cultural area1 means-- 7i7 a use that involves surface disturbance and is not occurring in the ,tribal cultural area on the date on which the ,tribal cultural area is designated for inclusion in the ,system2 and 7ii7 a use that is occurring in the ,tribal cultural area on the date on which the ,tribal cultural area is designated for inclusion in the ,system1 but that is being modified so as-- 7,i7 to create a surface disturbance2 7,,ii7 to significantly expand or alter impacts of the use on the land1 water1 air1 cultural resources1 or wildlife of the ,tribal cultural area2 or 7,,iii7 to be inconsistent with the purposes for which the ,tribal cultural area is-- 7aa7 designated under section #e2 or 7bb7 recommended under section #h4 7,b7 ,exclusion ,the term new use1 with respect to a ,tribal cultural area1 does not include a use that-- 7i7 is categorically excluded from the requirements of title ,i of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca et seq472 7ii7 is carried out to comply with the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7iii7 is necessary to maintain a road1 trail1 structure1 or facility within the ,tribal cultural area that is-- 7,i7 in existence on the date on which the ,tribal cultural area is designated for inclusion in the ,system2 and 7,,ii7 identified in the management planning documents of the applicable land management agency as a road1 trail1 structure1 or facility intended for continued use2 or 7iv7 the ,secretary concerned determines to be necessary for the control of fire1 insects1 or diseases1 subject to such terms and conditions as the ,secretary concerned determines appropriate4 7#aa7 ,public land ,the term public land means-- 7,a7 land under the jurisdiction of the ,secretary 7other than ,indian land72 and 7,b7 ,national ,forest ,system land4 7#ab7 ,restoration ,the term restoration 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#ac7 ,sacred site ,the term sacred site means a specific1 discrete1 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 to1 or ceremonial use of the site by1 an ,indian ,tribe4 7#ad7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#ae7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary1 with respect to public land described in paragraph 7#aa77;,a72 and 7,b7 the ,secretary of ,agriculture1 with respect to public land described in paragraph 7#aa77;,b74 7#af7 ,surface disturbance ,the term surface disturbance means any new disruption of soil or vegetation that would require restoration to return the soil or vegetation to natural appearance or ecological function4 7#ag7 ,system ,the term ,system means the ,tribal ,cultural ,areas ,system established by section #e7;a74 7#ah7 ,tribal commission ,the term ,tribal commission means the ,tribal commission established for a ,tribal cultural area under section #f7;a74 7#ai7 ,tribal cultural area ,the term ,tribal cultural area means a ,tribal cultural site that has been designated for inclusion in the ,system4 7#bj7 ,tribal cultural site ,the term ,tribal cultural site means-- 7,a7 a historic property2 and 7,b7 a landform1 landscape1 or location that-- 7i7 is or may be important to the customs1 practices1 objects1 places1 religions1 or ceremonies of an ,indian ,tribe2 7ii7 is or may be important to an ,indian ,tribe for the undertaking of religious1 cultural1 spiritual1 traditional subsistence1 or other traditional practices2 7iii7 contains unique or important traditional ,tribal food1 medicinal1 or material gathering areas2 or 7iv7 is connected through features1 ceremonies1 objects1 histories1 or cultural practices to other sites or to a larger sacred landscape1 as determined by an ,indian ,tribe4 7#ba7 ,tribal organization ,the term ,tribal organization has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 #c4 ,findings ,congress finds that-- 7#a7 the ,federal ,government manages more than #fdj1jjj1jjj acres of public land that was carved out of the ancestral homeland of ,indian ,tribes2 7#b7 ,indians ,tribes and members of ,indian ,tribes-- 7,a7 have maintained historical1 religious1 and spiritual connections to land now designated as public land2 7,b7 continue to exercise treaty rights on public land2 and 7,c7 use public land to pray1 conduct ceremonies1 visit burial sites1 gather plants1 and undertake other traditional cultural activities2 7#c7 treaties1 ,executive orders1 court decisions1 and ,federal laws and regulations-- 7,a7 acknowledge the rights of ,indian ,tribes and members of ,indian ,tribes on public land2 and 7,b7 require public land managers to consult with ,indian ,tribes prior to taking action that would impact those rights2 and 7#d7 efforts to commercially develop or transfer ownership of public land often ignore the rights and protections of ,indian ,tribes and have resulted in-- 7,a7 the desecration of sacred sites2 7,b7 the diminishment of ,tribal treaty rights2 and 7,c7 the mismanagement of sacred sites1 including the looting of sacred objects and burial sites and the diminishment of harvests of traditional native plants used in religious ceremonies and for other purposes4 #d4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the preservation of ,tribal cultural sites located on public land is in the public interest2 7#b7 through their unique history and traditional knowledge1 ,indian ,tribes have an important role in managing ,tribal cultural sites on public land2 and 7#c7 ,tribal cultural sites on public land should be permanently protected for the benefit of ,indian ,tribes4 #e4 ,tribal ,cultural ,areas ,system 7a7 ,establishment ,in order to preserve ,tribal cultural sites on public land1 there is established the ,tribal ,cultural ,areas ,system4 7b7 ,purposes ,the purposes of the ,system are-- 7#a7 to preserve opportunities for ,indian ,tribes to undertake religious1 cultural1 spiritual1 medicinal1 or traditional practices within ,tribal cultural sites2 7#b7 to permanently protect the religious1 cultural1 spiritual1 scenic1 ecological1 medicinal1 and traditional values of ,tribal cultural sites2 and 7#c7 to enhance opportunities for ,indian ,tribes to engage in the preservation and management of ,tribal cultural sites on public land4 7c7 ,areas included 7#a7 ,eligible cultural sites ,any ,tribal cultural site located on public land is eligible to be designated by ,congress as a ,tribal cultural area for inclusion in the ,system4 7#b7 ,designation ,a ,tribal cultural site may be designated as a ,tribal cultural area for inclusion in the ,system only by an ,act of ,congress4 7#c7 ,secretarial recommendation ,in determining whether to designate a ,tribal cultural site as a ,tribal cultural area for inclusion in the ,system1 ,congress shall take into consideration the recommendations of the ,secretary concerned under subsections 7a77#f7 and 7d77#c77;,c77ii77,i7 of section #h4 7#d7 ,removal ,a ,tribal cultural area may be removed from the ,system only by an ,act of ,congress4 7d7 ,management 7#a7 ,in general ,subject to valid existing rights1 the ,secretary concerned shall manage ,tribal cultural areas-- 7,a7 to preserve ,tribal cultural sites within each ,tribal cultural area2 7,b7 in consultation with the applicable ,tribal commission2 and 7,c7 in accordance with-- 7i7 this ,act2 and 7ii7 any other applicable laws 7including regulations74 7#b7 ,uses 7,a7 ,in general ,in accordance with this ,act1 the ,secretary concerned shall only authorize new uses or existing uses within a ,tribal cultural area that the ,secretary determines1 in consultation with the applicable ,tribal commission1 are consistent with-- 7i7 the purposes described in subsection 7b72 7ii7 the preservation of ,tribal cultural sites within the ,tribal cultural area2 and 7iii7 this ,act4 7,b7 ,new uses 7i7 ,in general ,if the ,secretary concerned determines under subparagraph 7,a7 that a new use is consistent with the requirements of clauses 7i7 through 7iii7 of that subparagraph1 before authorizing the new use1 the ,secretary concerned shall request agreement from the applicable ,tribal commission4 7ii7 ,approval ,if the applicable ,tribal commission agrees to the new use for which the ,secretary concerned requests agreement under clause 7i71 or does not respond to the request by the date that is #fj days after the date on which the ,secretary concerned makes the request under that clause1 the ,secretary concerned shall authorize the new use4 7iii7 ,denial ,if the applicable ,tribal commission denies agreement for a new use by the date that is #cj days after the date on which the ,secretary concerned makes the request under clause 7i71 the ,secretary concerned shall-- 7,i7 consult with the applicable ,tribal commission to determine specific measures to eliminate or mitigate potential adverse impacts to the ,tribal cultural area resulting from the new use2 and 7,,ii7 authorize the new use1 subject to the measures determined under subclause 7,i74 7#c7 ,management plan 7,a7 ,in general ,not later than #c years after the date on which a ,tribal cultural area is designated for inclusion in the ,system1 the ,secretary concerned shall develop a comprehensive plan for the management of the ,tribal cultural area in accordance with paragraph 7#b74 7,b7 ,requirements ,in developing a management plan under subparagraph 7,a71 the ,secretary concerned shall-- 7i7 closely collaborate with the applicable ,tribal commission in accordance with subparagraph 7,c72 7ii7 consult with-- 7,i7 ,indian ,tribes2 7,,ii7 appropriate ,state and local governmental entities2 and 7,,iii7 members of the public2 7iii7 at the request of an interested ,indian ,tribe identified under section #i7;a77#a71 include the interested ,indian ,tribe as a cooperating agency in the development of the management plan2 and 7iv7 to the maximum extent practicable1 incorporate ,native knowledge4 7,c7 ,incorporation of recommendations 7i7 ,in general ,in developing a management plan under subparagraph 7,a71 the ,secretary concerned shall carefully and fully consider incorporating the traditional1 historical1 and cultural knowledge and ,native knowledge of the applicable ,tribal commission1 which shall be submitted to the ,secretary concerned as written recommendations4 7ii7 ,consultation ,if the ,secretary concerned determines that a specific recommendation submitted to the ,secretary concerned under clause 7i7 is impracticable1 infeasible1 or not in the public interest1 the ,secretary concerned shall consult with the applicable ,tribal commission to determine specific measures to modify1 or otherwise address1 the recommendation4 7iii7 ,written explanation ,if1 after consultation under clause 7ii71 the ,secretary concerned determines not to incorporate a specific recommendation submitted to the ,secretary concerned under clause 7i71 the ,secretary concerned shall provide to the ,tribal commission a written explanation of the reason for the determination by the date that is #cj days after the date on which the determination is made4 7#d7 ,road construction 7,a7 ,in general ,no new roads shall be constructed within a ,tribal cultural area4 7,b7 ,temporary roads ,no temporary roads shall be constructed within a ,tribal cultural area1 except as necessary-- 7i7 to meet the minimum requirements for the administration of the ,tribal cultural area2 7ii7 to protect public health and safety2 7iii7 to respond to an emergency2 and 7iv7 for the control of fire1 insects1 or diseases1 subject to such terms and conditions as the ,secretary concerned determines to be appropriate4 7,c7 ,effect ,subject to appropriations1 the ,secretary concerned shall maintain existing roads determined by the ,secretary concerned1 in consultation with the applicable ,tribal commission1 to be necessary for authorized existing uses and the administration of the ,tribal cultural area4 7#e7 ,motorized vehicles 7,a7 ,in general ,except as provided in subparagraph 7,b71 the use of motorized vehicles in a ,tribal cultural area shall be permitted only on roads designated by the management plan for the use of motorized vehicles4 7,b7 ,exception ,the use of motorized vehicles shall be permitted in a ,tribal cultural area on roads not designated by the management plan for the use of motorized vehicles in cases in which the use is-- 7i7 necessary-- 7,i7 for administrative purposes2 7,,ii7 to respond to an emergency2 or 7,,iii7 for traditional cultural purposes1 including the exercise of rights secured by treaty1 statute1 ,executive order1 or other ,federal law2 or 7ii7 determined necessary by the applicable ,tribal commission4 7,c7 ,savings clause ,nothing in this paragraph authorizes the use of motorized vehicles on public land 7as defined in section #aj7;d77#a77 within a ,tribal cultural area if the use is otherwise prohibited on the public land4 7#f7 ,grazing 7,a7 ,in general ,subject to subparagraph 7,b71 the grazing of livestock in a ,tribal cultural area established before the date on which the ,tribal cultural area is designated for inclusion in the ,system shall be permitted to continue4 7,b7 ,requirement 7i7 ,consistency required ,grazing permitted under subparagraph 7,a7 shall be-- 7,i7 subject to-- 7aa7 a determination by the ,secretary concerned1 in consultation with the applicable ,tribal commission1 that grazing may be carried out in a manner consistent with the purposes for which the ,tribal cultural area is established2 7bb7 such reasonable regulations1 policies1 and practices as the ,secretary concerned determines necessary2 and 7cc7 applicable law 7including regulations72 and 7,,ii7 carried out in a manner consistent with the purposes described in subsection 7b74 7ii7 ,modification ,on a determination by the ,secretary concerned that grazing within a ,tribal cultural area is inconsistent with the purposes for which the ,tribal cultural area is established1 the ,secretary concerned shall modify or terminate the grazing permit or lease1 as determined appropriate by the ,secretary concerned4 7,c7 ,voluntary grazing permit or lease donation program 7i7 ,donation of permit or lease 7,i7 ,acceptance ,the ,secretary concerned shall accept the donation of any valid existing permits or leases authorizing grazing on public land1 all or a portion of which is within a ,tribal cultural area4 7,,ii7 ,termination ,the ,secretary concerned shall terminate any grazing permit or lease acquired under subclause 7,i74 7,,iii7 ,no new grazing permits or leases ,except as provided in clauses 7ii7 and 7iii71 with respect to each grazing permit and lease donated under subclause 7,i71 the ,secretary concerned-- 7aa7 shall not issue any new grazing permit or lease within the grazing allotment covered by the grazing permit or lease2 and 7bb7 shall ensure a permanent end to livestock grazing on the grazing allotment covered by the grazing permit or lease4 7ii7 ,donation of portion of grazing lease 7,i7 ,in general ,if a person holding a valid grazing permit or lease donates less than the full amount of grazing use authorized under the permit or lease1 the ,secretary concerned shall-- 7aa7 reduce the authorized grazing level to reflect the donation2 and 7bb7 modify the permit or lease to reflect the revised level of use4 7,,ii7 ,authorized level ,to ensure that there is a permanent reduction in the authorized level of grazing on the land covered by a permit or lease donated under subclause 7,i71 the ,secretary concerned shall not allow grazing use to exceed the authorized level established under that subclause4 7iii7 ,common allotments 7,i7 ,in general ,if a grazing allotment covered by a grazing permit or lease or portion of a grazing permit or lease that is donated under clause 7i7 or 7ii7 also is covered by another grazing permit or lease that is not donated1 the ,secretary concerned shall reduce the grazing level on the grazing allotment to reflect the donation4 7,,ii7 ,authorized level ,to ensure that there is a permanent reduction in the level of livestock grazing on the land covered by a grazing permit or lease or portion of a grazing permit or lease donated under clause 7i7 or 7ii71 the ,secretary concerned shall not allow grazing to exceed the level established under subclause 7,i74 7#g7 ,vegetation management 7,a7 ,in general ,subject to subparagraph 7,b71 vegetation management within a ,tribal cultural area may be permitted-- 7i7 if necessary to protect1 maintain1 or enhance a ,tribal cultural area 7including the enhancement of traditional food or material gathering72 and 7ii7 for restoration purposes4 7,b7 ,requirement ,vegetation management permitted under subparagraph 7,a7 shall be-- 7i7 subject to-- 7,i7 such reasonable regulations1 policies1 and practices as the ,secretary concerned determines necessary2 and 7,,ii7 applicable law 7including regulations72 and 7ii7 in a manner consistent with the purposes described in subsection 7b74 7e7 ,valid existing rights ,the designation of a ,tribal cultural area shall be subject to valid existing rights4 7f7 ,withdrawal ,subject to valid existing rights1 all public land within a ,tribal cultural area1 and all land and interests in land acquired by the ,united ,states within a ,tribal cultural area1 shall be withdrawn from-- 7#a7 all forms of entry1 appropriation1 or disposal under the public land laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 operation of the mineral leasing1 mineral materials1 and geothermal leasing laws4 7g7 ,tribal cultural and religious uses 7#a7 ,in general ,nothing in this ,act diminishes any ,tribal rights regarding access to public land for ,tribal activities1 including spiritual1 cultural1 medicinal1 and traditional food gathering activities4 7#b7 ,tribal uses and interests 7,a7 ,access and use ,in accordance with applicable law1 and subject to section #aj7;d77#c71 the ,secretary concerned shall ensure access to a ,tribal cultural area by members of an interested ,indian ,tribe for traditional cultural and religious purposes4 7,b7 ,temporary closure 7i7 ,in general ,in carrying out subparagraph 7,a71 the ,secretary concerned1 in consultation with the applicable ,tribal commission1 on request of an ,indian ,tribe or applicable ,tribal commission1 may temporarily close to the general public the use of #a or more specific portions of a ,tribal cultural area to protect the privacy of cultural1 religious1 and food and medicinal and materials gathering activities by members of the ,indian ,tribe4 7ii7 ,requirements 7,i7 ,in general ,any closure under clause 7i7 shall be made so as to affect the smallest practicable area for the minimum period of time necessary4 7,,ii7 ,access ,access by members of an ,indian ,tribe to a portion of a ,tribal cultural area closed under clause 7i7 shall be consistent with the purpose and intent of ,public ,law #ie-cda 7commonly known as the ,american ,indian ,religious ,freedom ,act7 7#db ,u4,s4,c4 #aiif et seq47 and other applicable law4 7h7 ,federally secured rights2 indian land 7#a7 ,federally secured rights ,nothing in this ,act alters1 modifies1 enlarges1 diminishes1 or abrogates rights secured by treaty1 statute1 ,executive order1 or other ,federal law of any ,indian ,tribe1 including off-reservation reserved rights4 7#b7 ,indian land ,nothing in this ,act affects any ,indian land4 7i7 ,law enforcement 7#a7 ,in general ,the ,secretary concerned1 in coordination with the applicable ,tribal commission1 shall ensure adequate law enforcement presence with respect to law enforcement matters under the jurisdiction of the ,secretary concerned to maintain the integrity of a ,tribal cultural area4 7#b7 ,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 an ,indian ,tribe4 #f4 ,tribal commission 7a7 ,in general ,to ensure that the management of a ,tribal cultural area reflects the expertise and traditional1 cultural1 ecological1 and historical knowledge and ,native knowledge of members of interested ,indian ,tribes1 not later than #ahj days after the date on which the ,tribal cultural area is designated for inclusion in the ,system1 the ,secretary concerned shall establish for the ,tribal cultural area a ,tribal commission4 7b7 ,duties ,each ,tribal commission shall provide guidance and recommendations on the development and implementation of the management plan for1 and policies of1 the applicable ,tribal cultural area4 7c7 ,membership 7#a7 ,composition ,each ,tribal commission shall consist of the representatives designated by each interested ,indian ,tribe with a historical association with the land within the boundaries of the ,tribal cultural area for which the ,tribal commission is established 7with a maximum of #a representative per interested ,indian ,tribe74 7#b7 ,process ,the ,secretary concerned shall conduct government-to-government consultation with each interested ,indian ,tribe with a historical association with the land within the boundaries of the ,tribal cultural area for which the ,tribal commission is established to determine whether the interested ,indian ,tribe may designate a representative to be a member of the ,tribal commission under paragraph 7#a74 7d7 ,exemption ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to any ,tribal commission4 #g4 ,self-determination contracts 7a7 ,in general ,the ,secretary concerned may contract with #a or more ,indian ,tribes or ,tribal organizations to perform administrative or management functions within a ,tribal cultural area through contracts entered into under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq474 7b7 ,tribal assistance ,the ,secretary concerned may provide technical and financial assistance to an ,indian ,tribe in accordance with section #ajc of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecbb7 to improve the capacity of the ,indian ,tribe to develop1 enter into1 and carry out activities under a contract under subsection 7a74 #h4 ,agency recommendations 7a7 ,initial agency recommendations ,not later than #c years after the date of enactment of this ,act1 the ,secretary concerned1 in consultation with interested ,indian ,tribes1 shall-- 7#a7 establish criteria for recommending ,tribal cultural sites for designation as ,tribal cultural areas for inclusion in the ,system1 using the factors described in subsection 7b72 7#b7 solicit recommendations for ,tribal cultural sites on land under the jurisdiction of the ,secretary concerned to be designated as ,tribal cultural areas for inclusion in the ,system from-- 7,a7 any interested ,indian ,tribe2 7,b7 any applicable ,state ,historic ,preservation ,officer2 and 7,c7 any applicable ,tribal ,historic ,preservation ,officer2 7#c7 review designations in local land management plans to identify ,tribal cultural sites that meet the criteria established by the ,secretary concerned under paragraph 7#a72 7#d7 consider any other relevant information1 including oral histories1 traditional knowledge1 ,native knowledge1 and traditional ecological knowledge1 regarding ,tribal cultural sites on public land that may qualify for designation as a ,tribal cultural area2 7#e7 consider and evaluate ,tribal cultural sites1 including ,tribal cultural sites identified under paragraphs 7#b7 through 7#d71 for designation as a ,tribal cultural area for inclusion in the ,system2 and 7#f7 make recommendations to ,congress regarding ,tribal cultural sites that the ,secretary concerned determines should be designated as ,tribal cultural areas for inclusion in the ,system4 7b7 ,factors ,the factors that the ,secretary concerned shall consider in establishing criteria for recommending a ,tribal cultural site for designation as a ,tribal cultural area for inclusion in the ,system under subsection 7a77#a7 shall include-- 7#a7 the importance of the potential ,tribal cultural area to an ,indian ,tribe or members of an ,indian ,tribe for traditional cultural activities1 including praying1 conducting ceremonies1 visiting burial sites1 gathering plants1 and undertaking other traditional cultural activities2 7#b7 the past or present cultural1 traditional1 and historical affiliations of an ,indian ,tribe to the potential ,tribal cultural area2 7#c7 the existence of rights secured by treaty1 statute1 ,executive order1 or other ,federal law2 and 7#d7 recommendations made by #a or more ,indian ,tribes4 7c7 ,ongoing agency recommendations ,as a part of any update or revision of a local land management plan1 the ,secretary concerned shall identify1 evaluate1 and make recommendations regarding any ,tribal cultural sites on land covered by the local land management plan that would be suitable for designation as ,tribal cultural areas for inclusion in the ,system4 7d7 ,additional areas 7#a7 ,in general ,one or more interested ,indian ,tribes may submit to the ,secretary concerned a petition to recommend the designation of a ,tribal cultural area for inclusion in the ,system4 7#b7 ,contents ,a petition under paragraph 7#a7 shall contain-- 7,a7 a description of the cultural significance and history of the proposed ,tribal cultural area2 7,b7 a map showing specific boundaries of the proposed ,tribal cultural area2 and 7,c7 a list of interested ,indian ,tribes that possess cultural1 religious1 historic1 or precontact connections to the proposed ,tribal cultural area4 7#c7 ,approval process 7,a7 ,in general ,not later than #ah months after the date on which a petition is submitted under paragraph 7#a71 the ,secretary concerned shall approve or deny the petition4 7,b7 ,failure to meet deadline 7i7 ,in general ,subject to clause 7ii71 if the ,secretary concerned does not approve or deny a petition submitted under paragraph 7#a7 by the deadline described in subparagraph 7,a71 the petition shall be considered to have been denied by the ,secretary concerned4 7ii7 ,extension ,the ,secretary concerned and the #a or more ,indian ,tribes that submitted the petition may mutually agree to extend the deadline for responding to the petition under subparagraph 7,a74 7,c7 ,approval 7i7 ,in general ,the ,secretary concerned shall approve a petition submitted under paragraph 7#a7 unless the ,secretary concerned determines that-- 7,i7 the proposed ,tribal cultural area does not meet the criteria established under subsection 7a77#a72 or 7,,ii7 approving the petition-- 7aa7 would violate ,federal law2 or 7bb7 is not in the public interest4 7ii7 ,recommendations ,on approval of a petition submitted under paragraph 7#a71 the ,secretary concerned shall-- 7,i7 recommend that ,congress designate the proposed ,tribal cultural area for inclusion in the ,system2 and 7,,ii7 manage the proposed ,tribal cultural area in accordance with subsection 7e74 7,d7 ,denial ,not later than #fj days after the date on which the ,secretary concerned1 as applicable1 denies a petition submitted under paragraph 7#a7 or fails to meet the applicable deadline described in subparagraph 7,b71 the ,secretary concerned shall provide to the #a or more interested ,indian ,tribes that submitted the petition-- 7i7 a written response detailing the reasons why the ,secretary concerned denied the petition2 and 7ii7 an opportunity to correct any deficiencies in the petition4 7e7 ,management of recommended areas 7#a7 ,in general ,until ,congress determines otherwise1 the ,secretary concerned shall-- 7,a7 manage each recommended ,tribal cultural area-- 7i7 in a manner so as to preserve the ,tribal cultural sites and cultural values of the area2 and 7ii7 in accordance with-- 7,i7 paragraphs 7#d7 through 7#g7 of section #e7;d72 and 7,,ii7 subsections 7g7 through 7i7 of section #e2 and 7,b7 only allow such uses in the recommended ,tribal cultural area as are consistent with preserving ,tribal cultural sites and cultural values of the area1 as determined by the ,secretary concerned after consultation with interested ,indian ,tribes4 7#b7 ,withdrawal ,subject to valid existing rights1 until ,congress has determined otherwise1 the ,secretary concerned shall withdraw all public land within a recommended ,tribal cultural area from-- 7,a7 all forms of entry1 appropriation1 or disposal under the public land laws2 7,b7 location1 entry1 and patent under the mining laws2 and 7,c7 operation of the mineral leasing1 mineral materials1 and geothermal leasing laws4 7#c7 ,consultation ,the ,secretary concerned shall consult with interested ,indian ,tribes with an interest in a recommended ,tribal cultural area not less frequently than twice each year to discuss-- 7,a7 the protection and management of the recommended ,tribal cultural area2 and 7,b7 proposed new uses of the recommended ,tribal cultural area4 #i4 ,tribal coordination 7a7 ,selection 7#a7 ,in general ,not later than #ahj days after the date on which a ,tribal cultural area is designated for inclusion in the ,system1 the ,secretary concerned1 in consultation with the ,director of the ,bureau of ,indian ,affairs1 shall identify #a or more interested ,indian ,tribes with an interest in the management of the ,tribal cultural area4 7#b7 ,interested ,indian ,tribes ,an interested ,indian ,tribe may petition the ,secretary concerned to be identified as having an interest in the management of a ,tribal cultural area under paragraph 7#a74 7b7 ,consultation 7#a7 ,in general ,the ,secretary concerned shall consult with the applicable ,tribal commission not less frequently than twice each year1 unless otherwise mutually agreed1 concerning the protection1 preservation1 and management of the applicable ,tribal cultural area1 including-- 7,a7 any proposed new uses within the ,tribal cultural area2 and 7,b7 any necessary management actions within the ,tribal cultural area4 7#b7 ,tribal management proposals ,the ,secretary concerned shall consider any proposals for management actions within a ,tribal cultural area submitted by the applicable ,tribal commission4 7#c7 ,consideration ,if the ,secretary concerned determines that a proposed management action submitted to the ,secretary concerned under paragraph 7#b7 is impracticable1 infeasible1 or not in the public interest1 the ,secretary concerned shall consult with the applicable ,tribal commission to determine specific measures to modify1 or otherwise address1 the proposed management action4 7#d7 ,written explanation ,if1 after consultation under paragraph 7#c71 the ,secretary concerned determines not to implement a proposed management action submitted to the ,secretary concerned under paragraph 7#b71 not later than #ij days after making such a determination1 the ,secretary concerned shall provide to the applicable ,tribal commission a written explanation of the reason for the determination4 #aj4 ,effect 7a7 ,environmental requirements 7#a7 ,definition of ,federal environmental law ,in this subsection1 the term ,federal environmental law means-- 7,a7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7,b7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,c7 any other applicable ,federal environmental law 7including regulations74 7#b7 ,effect ,nothing in this ,act alters or abridges the application of any ,federal environmental law4 7#c7 ,environmental analyses ,nothing in this ,act authorizes the ,secretary concerned1 an ,indian ,tribe1 or a ,tribal organization to waive completion of any necessary environmental analysis under applicable ,federal environmental law4 7#d7 ,retention of nepa responsibilities ,the ,secretary concerned 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 environmental law with respect to any activity to be carried out on public land under this ,act4 7b7 ,applicability of the administrative procedure act ,nothing in this ,act alters or abridges the application of subchapter ,,ii of chapter #e1 or chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act71 to this ,act4 7c7 ,fish and wildlife ,nothing in this ,act-- 7#a7 alters or abridges the application of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 or 7#b7 affects-- 7,a7 the jurisdiction or responsibilities of a ,state with respect to fish or wildlife2 or 7,b7 the jurisdiction of any ,indian ,tribe with respect to fish or wildlife4 7d7 ,public access ,except as otherwise provided in this ,act1 nothing in this ,act affects public access to land within a ,tribal cultural area or a recommended ,tribal cultural area4 7e7 ,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 concerned 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 any ,tribal cultural area4 7f7 ,special management areas 7#a7 ,definition of public land ,in this subsection1 the term public land includes-- 7,a7 a unit of the ,national ,park ,system2 7,b7 a unit of the ,national ,wildlife ,refuge ,system2 7,c7 a component of the ,national ,wilderness ,preservation ,system2 7,d7 a designated wilderness study area or other area managed for wilderness characteristics2 7,e7 a ,national ,conservation ,area2 7,f7 a ,national ,monument2 7,g7 a ,national ,volcanic ,monument2 7,h7 a ,national ,recreation ,area2 7,i7 a ,national ,scenic ,area2 7,j7 an inventoried roadless area within the ,national ,forest ,system2 7,k7 a component of the ,national ,wild and ,scenic ,rivers ,system2 and 7,l7 any other area identified as ,national ,conservation ,lands4 7#b7 ,effect ,the designation of a ,tribal cultural area for inclusion in the ,system shall not diminish the protections granted to1 or the management status of1 any public land or any portion of public land4 7#c7 ,conflict of laws ,if there is a conflict between the laws 7including regulations7 applicable to an area described in paragraph 7#a7 and this ,act1 the more restrictive provision shall control4 7g7 ,nondisclosure 7#a7 ,in general ,the ,secretary concerned shall not disclose to the public information regarding the nature or location of any sacred site if the ,secretary concerned determines1 in consultation with any interested ,indian ,tribe1 that such a disclosure may-- 7,a7 risk harm to the cultural resources of the sacred site2 7,b7 cause a significant invasion of privacy2 or 7,c7 impede the use of the sacred site for traditional cultural activities by an ,indian ,tribe or members of an ,indian ,tribe4 7#b7 ,freedom of ,information ,act applicability 7,a7 ,in general ,information described in paragraph 7#a7 shall be exempt from disclosure under section #eeb of title #e1 ,united ,states ,code4 7,b7 ,applicability ,for purposes of subparagraph 7,a71 this subsection shall be considered a statute described in section #eeb7;b77#c77;,b7 of title #e1 ,united ,states ,code4