10 U.S.C. § 2713 — Native American lands environmental mitigation program

(a) Establishment. The Secretary of Defense may establish and carry out a program to reduce the environmental effects of Department of Defense actions on Indian lands and at other locations where the Department, an Indian tribe, and the current landowner agree that mitigation is appropriate.

(b) Program activities. The program may:

(1) Identify, investigate, and document suspected environmental effects caused by past Department of Defense actions.

(2) Develop ways to address those effects, including estimates of the cost to finish the work and a system for setting priorities.

(3) Direct mitigation actions that the Secretary decides are necessary and appropriate to reduce adverse environmental effects of the Department’s past actions.

(4) Demolish and remove unsafe buildings and structures that were used by, under the jurisdiction of, or formerly used by or under the jurisdiction of the Department.

(5) Provide training, technical help, and administrative support so Indian tribes can meaningfully participate in program mitigation actions.

(6) Develop and carry out a policy for consulting with Indian tribes that have been or may be affected by Department action, including training Department personnel to comply with the policy.

(c) Cooperative agreements.

(1) To carry out the program, the Secretary of Defense may make a cooperative agreement with an Indian tribe or an instrumentality of tribal government.

(2) Despite chapter 63 of title 31, such an agreement may be used to acquire property or services directly for the United States Government.

(3) An agreement for severable services may begin in one fiscal year and end in another only if the entire performance period is no longer than five calendar years.

(d) Definitions.

(1) “Indian land” includes:

(A) land within and part of an Indian reservation, pueblo, or rancheria;

(B) land allotted to an individual Indian but not conveyed to that person^* with full power to sell or transfer it;

(C) Alaska Native village and regional corporation lands; and

(D) lands and waters where a federally recognized Indian tribe has rights reserved by treaty, Act of Congress, or Presidential action.

(2) “Indian tribe” means an Indian tribe, band, nation, or other organized group or community, including an Alaska Native village or regional or village corporation defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that the United States recognizes as eligible for special programs and services provided to Indians because of their status as Indians.

(e) Limitation. Nothing in this section requires, compels, or otherwise authorizes access to land without the landowner’s consent.