§410aaa–75 Native American Uses and Interests

Summary

Give tribal members access to areas set aside under this Act for traditional cultural and religious use, following applicable law including the American Indian Religious Freedom Act. If an Indian Tribe or 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 to the public so tribal activities can be private. Any closure must cover the smallest area and last only as long as needed. The Secretary must work with the Timbisha Shoshone Tribe and federal agencies to study lands that could become a reservation within the Tribe’s aboriginal homeland inside and outside Death Valley National Monument and Park, subject to available funding, and must report the study results to specific Congressional committees not later than 1 year after October 31, 1994. Not later than 2 years after March 12, 2019, the Secretary must create and carry out a Tribal cultural resources management plan for the Xam Kwatchan Trail from Spirit Mountain, Nevada to Pilot Knob, California. The Secretary must consult with six named tribes (Chemehuevi, Hualapai, Fort Mojave, Colorado River, Quechan, and Cocopah), the Advisory Council on Historic Preservation, and State Historic Preservation Offices of Nevada, Arizona, and California. The plan must be based on a completed tribal survey and include ways to identify and protect petroglyphs, ancient trails, intaglios, sleeping circles, artifacts, and other important cultural or historic resources, following applicable federal 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. Finally, except for valid existing rights, all federal land in the Indian Pass Withdrawal Area is permanently withdrawn from public land entry and disposal, from mining location and patent, and from rights-of-way, leasing, or disposition for minerals or solar, wind, or geothermal energy.