16 U.S.C. § 410aaa–75: Native American uses…

Summary

The Secretary must let members of Indian Tribes enter places set aside under this Act for traditional cultural and religious uses, following applicable law like the American Indian Religious Freedom Act. If a tribe or Indian religious community asks, the Secretary must temporarily close part of a national monument, special management area, wild and scenic river, area of critical environmental concern, or National Park unit so tribal members can carry out private cultural or religious activities. Any closure must cover only the smallest practical area and last the shortest time needed. Also, except for existing valid rights, all federal land in the “Indian Pass Withdrawal Area” is permanently withdrawn from public land entry or disposal, from mining claims, and from mineral or solar, wind, or geothermal right‑of‑way leasing or disposal. The Secretary must, if money is available, work with the Timbisha Shoshone Tribe and federal agencies to study lands in the Tribe’s aboriginal homeland inside and outside Death Valley National Monument and Death Valley National Park that might be suitable for a Timbisha reservation, and must report the study results to the specified Senate and House committees within one year after October 31, 1994. Within two years after March 12, 2019, the Secretary must create and carry out a Tribal cultural resources management plan for the Xam Kwatchan Trail network from Avikwaame (Spirit Mountain, Nevada) to Avikwlal (Pilot Knob, California). The Secretary must consult six named tribes (Chemehuevi, Hualapai, Fort Mojave, Colorado River, Quechan, Cocopah), the Advisory Council on Historic Preservation, and the State Historic Preservation Offices of Nevada, Arizona, and California. The plan must be based on a completed tribal survey and include ways to find, protect, and preserve petroglyphs, ancient trails, intaglios, sleeping circles, artifacts, and other cultural or historic resources under applicable laws (including chapter 2003 of title 54, the American Indian Religious Freedom Act, the Archaeological Resources Protection Act, NAGPRA, and the Religious Freedom Restoration Act).

Title 16, §410aaa–75

Conservation, Source: USLM XML via OLRC

(a)Access

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]).

(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 [, 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.

(2)Limitation

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.

(c)Study

(1)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.

(2)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).

(d)Tribal cultural resources management plan

(1)In general

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).

(2)Consultation

The Secretary shall consult on the development and implementation of the Tribal cultural resources management plan under paragraph (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;

(v)the Quechan Indian Tribe; and

(vi)the Cocopah Indian Tribe;

(B)the Advisory Council on Historic Preservation; and

(C)the State Historic Preservation Offices of Nevada, Arizona, and California.

(3)Resource protection

The Tribal cultural resources management plan developed under paragraph (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 of title 54;

(ii)Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) (42 U.S.C. 1996 [, 1996a]);

(iii)the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.);

(iv)the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and

(v)Public Law 103–141 (commonly known as the “Religious Freedom Restoration Act of 1993”) (42 U.S.C. 2000bb et seq.).

(e)Withdrawal

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—

(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.

Notes & Related Subsidiaries

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 section 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

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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.

§410aaa–75 Native American Uses and Interests

Summary

Title 16, §410aaa–75

Notes & Related Subsidiaries

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References in Text

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Amendments

Statutory Notes and Related Subsidiaries

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