16 U.S.C. § 410aaa–75 — Native American uses and interests
submitted 32 years ago by Pub. L. 103-433 to r/title-16-CONSERVATION · 667 words · no verdicts yet
This section protects Native American access to sacred and culturally important sites within the protected areas this Act creates. The Secretary can temporarily close small areas to the public for tribal religious activities. It also orders a study on land for the Timbisha Shoshone Tribe, a Tribal cultural resources plan for the Xam Kwatchan Trail, and permanently withdraws the Indian Pass area from mining and mineral development.
(a) Access
The Secretary must make sure members of Indian Tribes can access areas designated under this Act for traditional cultural and religious purposes, consistent with applicable law, including the American Indian Religious Freedom Act.
(b) Temporary closure
(1) Following applicable law, including the American Indian Religious Freedom Act, and subject to paragraph (2), the Secretary must temporarily close part of a designated area — a national monument, special management area, wild and scenic river, area of critical environmental concern, or National Park System unit created under this Act — to the general public, if an Indian Tribe or Indian religious community asks, in order to protect the privacy of their traditional cultural and religious activities there.
(2) Any such closure must be limited to the smallest practical area, for the shortest time needed for those activities.
(c) Study
(1) The Secretary, working with the Timbisha Shoshone Tribe and relevant federal agencies, must study — if funding is available — which lands are suitable for a reservation for the Timbisha Shoshone Tribe, within the Tribe's traditional homeland, both inside and outside the boundaries of the Death Valley National Monument and Death Valley National Park.
(2) Within one year after October 31, 1994, the Secretary must report the study's results to the Senate Committee on Energy and Natural Resources, the Senate Committee on Indian Affairs, and the House Committee on Natural Resources.
(d) Tribal cultural resources management plan
(1) Within two years after March 12, 2019, the Secretary must create and carry out a Tribal cultural resources management plan, to identify, protect, and preserve the cultural resources of Indian Tribes connected to the Xam Kwatchan Trail network, which runs from Spirit Mountain, Nevada, to Pilot Knob, California.
(2) The Secretary must consult on this plan with six named tribes (the Chemehuevi Indian Tribe, Hualapai Tribal Nation, Fort Mojave Indian Tribe, Colorado River Indian Tribes, Quechan Indian Tribe, and Cocopah Indian Tribe), the Advisory Council on Historic Preservation, and the State Historic Preservation Offices of Nevada, Arizona, and California.
(3) The plan must be based on a completed Tribal cultural resources survey, and must include procedures for identifying, protecting, and preserving petroglyphs, ancient trails, intaglios, sleeping circles, artifacts, and other culturally, archaeologically, or historically significant resources, following applicable laws including a chapter of Title 54, the American Indian Religious Freedom Act, the Archaeological Resources Protection Act of 1979, the Native American Graves Protection and Repatriation Act, and the Religious Freedom Restoration Act of 1993.
(e) Withdrawal
Subject to valid existing rights, all federal land in the area known as the "Indian Pass Withdrawal Area" is permanently withdrawn from: (1) all forms of entry, appropriation, or disposal under public land laws; (2) location, entry, and patent under mining laws; and (3) right-of-way leasing and disposal under all laws relating to minerals, solar, wind, or geothermal energy.
The Secretary shall ensure access to areas designated under this Act by members of Indian Tribes 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 [, 1996a]).
In accordance with applicable law, including Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) (42 U.S.C. 1996 [, 1996a]), and subject to paragraph (2), the Secretary, on request of an Indian Tribe or Indian religious community, shall temporarily close to general public use any portion of an area designated as a national monument, special management area, wild and scenic river, area of critical environmental concern, or National Park System unit under this Act (referred to in this subsection as a “designated area”) to protect the privacy of traditional cultural and religious activities in the designated area by members of the Indian Tribe or Indian religious community.
In closing a portion of a designated area under paragraph (1), the Secretary shall limit the closure to the smallest practicable area for the minimum period necessary for the traditional cultural and religious activities.
The Secretary, 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 within and outside the boundaries of the Death Valley National Monument and the Death Valley National Park, as described in part A of this subchapter.
Not later than 1 year after October 31, 1994, the Secretary 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).
Not later than 2 years after March 12, 2019, the Secretary shall develop and implement a Tribal cultural resources management plan to identify, protect, and conserve cultural resources of Indian Tribes associated with the Xam Kwatchan Trail network extending from Avikwaame (Spirit Mountain, Nevada) to Avikwlal (Pilot Knob, California).
The Secretary shall consult on the development and implementation of the Tribal cultural resources management plan under paragraph (1) with—
each of—
the Chemehuevi Indian Tribe;
the Hualapai Tribal Nation;
the Fort Mojave Indian Tribe;
the Colorado River Indian Tribes;
the Quechan Indian Tribe; and
the Cocopah Indian Tribe;
the Advisory Council on Historic Preservation; and
the State Historic Preservation Offices of Nevada, Arizona, and California.
The Tribal cultural resources management plan developed under paragraph (1) shall—
be based on a completed Tribal cultural resources survey; and
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—
chapter 2003 of title 54;
Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) (42 U.S.C. 1996 [, 1996a]);
the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.);
the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and
Public Law 103–141 (commonly known as the “Religious Freedom Restoration Act of 1993”) (42 U.S.C. 2000bb et seq.).
Subject to valid existing rights, all Federal land within the area administratively withdrawn and known as the “Indian Pass Withdrawal Area” is permanently withdrawn from—
all forms of entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
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.)
- 1994Enacted · Pub. L. 103-433 · 108 Stat. 4498
- 2019Amended · Pub. L. 116-9 · 133 Stat. 714
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-433 on 1994-10-31.
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