[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5155 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5155

   To protect sacred Native American Federal lands from significant 
                                damage.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 18, 2002

 Mr. Rahall (for himself, Mr. Kildee, Mr. George Miller of California, 
 Mr. Faleomavaega, Mr. Pallone, Mr. Udall of New Mexico, Mr. Carson of 
Oklahoma, Ms. McCollum, Mr. Kennedy of Rhode Island, and Mr. Baldacci) 
 introduced the following bill; which was referred to the Committee on 
                               Resources

_______________________________________________________________________

                                 A BILL


 
   To protect sacred Native American Federal lands from significant 
                                damage.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Native American 
Sacred Lands Act''.
    (b) Definitions.--For the purposes of this Act, the following 
definitions shall apply:
            (1) Federal lands.--The term ``Federal lands'' means any 
        land or interests in land owned by the United States, including 
        leasehold interests held by the United States, except Indian 
        trust lands.
            (2) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given such term by section 4(e) of the Indian Self-
        Determination and Education Assistance Act.
            (3) Native hawaiian organization.--The term ``Native 
        Hawaiian organization'' has the meaning given that term in 
        section 301(18) of the National Historic Preservation Act (16 
        U.S.C. 470w(18)).
            (4) Sacred land.--The term ``sacred land'' means any 
        geophysical or geographical area or feature which is sacred by 
        virtue of its traditional cultural or religious significance or 
        ceremonial use, or by virtue of a ceremonial or cultural 
        requirement, including a religious requirement that a natural 
        substance or product for use in Indian tribal or native 
        Hawaiian organization ceremonies be gathered from that 
        particular location.
            (5) Undertaking.--The term ``undertaking'' has the same 
        meaning given that term in section 301(7) of the National 
        Historic Preservation Act (16 U.S.C. 470w(7)).

SEC. 2. PROTECTION OF SACRED LANDS.

    Each department or agency of the United States with administrative 
jurisdiction over the management of Federal lands shall--
            (1) accommodate access to and ceremonial use of Indian 
        sacred lands by Indian religious practitioners;
            (2) avoid significant damage to Indian sacred lands; and
            (3) consult with Indian tribes and Native Hawaiian 
        organizations prior to taking significant actions or developing 
        policies affecting Native American sacred lands.

SEC. 3. DESIGNATING INDIAN SACRED LANDS UNSUITABLE FOR DEVELOPMENT.

    (a) In General.--Federal lands shall be designated unsuitable for 
any or certain types of undertakings if the head of the department or 
agency with administrative jurisdiction over that Federal land decides, 
in accordance with this section, that by a preponderance of the 
evidence the undertaking is likely to cause significant damage to 
Indian sacred lands.
    (b) Petition.--
            (1) In general.--Any Indian tribe or Native Hawaiian 
        organization shall have the right to petition any department or 
        agency of the United States with administrative jurisdiction 
        over Federal lands to have Federal lands under the jurisdiction 
        of that department or agency designated as unsuitable for any 
        or certain types of undertaking.
            (2) Supporting evidence.--Such a petition shall contain 
        allegations of facts with supporting evidence which would tend 
        to establish the allegations. Oral history shall be given no 
        less weight than other evidence. After an Indian tribe or 
        Native Hawaiian organization has filed a petition under this 
        section, and before the hearing as required by this subsection, 
        any person may file allegations of facts, with supporting 
        evidence, that are relevant to the petition.
    (c) Hearing.--
            (1) In general.--Not later than 90 days after the receipt 
        of such petition, the department or agency with administrative 
        jurisdiction over that Federal land involved shall hold a 
        public hearing on the subject of the petition in the locality 
        of that Federal land after public notice, including publication 
        of the date, time, and location of the hearing.
            (2) Written decision.--Not later than 60 days after a 
        hearing held pursuant to this subsection, the head of the 
        department or agency with administrative jurisdiction over that 
        Federal land shall issue and furnish to the petitioner and any 
        other parties to the hearing a written decision regarding the 
        petition and the reasons for the decision.
    (d) Appeal.--Not later than 60 days after a written decision is 
issued pursuant to subsection (c)(2), any petitioner or person filing 
under section 3(b)(2) may appeal the decision to the appropriate 
Federal agency appeals board or through a civil action in accordance 
with subsection (e). A decision regarding a petition shall not be 
considered final for the purposes of this section until--
            (1) the deadline for filing an appeal to the decision has 
        past and no appeal has been filed; or
            (2) if an appeal was timely filed, the appeal has been 
        heard and decided.
    (e) Civil Actions; Jurisdiction; Relief.--
            (1) In general.--The United States district courts shall 
        have original jurisdiction over any civil action or claim 
        against the Secretary of the Interior or the head of another 
Federal agency, as appropriate, arising under this section. In an 
action brought under this paragraph, the district courts may order 
appropriate relief including money damages, injunctive relief against 
any action by an officer of the United States or any agency thereof 
contrary to this Act, or regulations promulgated thereunder, or 
mandamus to compel an officer or employee of the United States, or any 
agency thereof, to perform a duty provided under this Act or 
regulations promulgated hereunder.
            (2) Application of equal access to justice act.--The Equal 
        Access to Justice Act (Public Law 96-481; Act of October 1, 
        1980; 92 Stat. 2325; 5 U.S.C. 594; 28 U.S.C. 2412) shall apply 
        to actions brought under this Act.
    (f) Effect of Decision of Unsuitability.--
            (1) In general.--A final decision that Federal lands 
        identified by a petition considered pursuant to subsection (b) 
        are unsuitable for any or certain types of undertakings shall 
        be immediately effective and the undertaking shall be 
        prohibited.
            (2) Withdrawal of lands.--Subject to valid and existing 
        rights, the Secretary of the Interior shall (with the consent 
        of the department or agency other than the Department of the 
        Interior in the case of Federal lands not under the 
        administration of the Secretary of the Interior) withdraw 
        Federal lands included in a decision of unsuitability under 
        this section pursuant to section 204 of the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1714). The Secretary's 
        decision under this section shall constitute the documentation 
        required to be provided under section 204(c)(12) of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1714) and in 
        compliance with section 4.
            (3) Land use plans.--Any decision of unsuitability made for 
        Federal lands under the administrative jurisdiction of the 
        Secretary of the Interior or the Secretary of Agriculture (with 
        respect to National Forest System lands) shall be incorporated 
        into the appropriate land use plan when such plan is adopted, 
        revised, or significantly amended pursuant to the Federal Land 
        Policy and Management Act of 1976 or, as the case may be, the 
        Forest and Rangeland Renewable Resources Planning Act of 1974.

SEC. 4. CONFIDENTIALITY.

    (a) In General.--Notwithstanding section 5 of title 5, United 
States Code (commonly known as the Freedom of Information Act) or any 
other law, no information obtained as a result of or in connection with 
a petition filed or a hearing held under this Act that contains a 
reference pertaining to a specific detail of a Native American 
traditional cultural practice or religion, or the significance of an 
Indian or Native Hawaiian sacred land, or the location of that sacred 
land, shall be released except as provided in subsection (c).
    (b) Release of Information.--
            (1) Initial violation.--Any person who intentionally 
        releases any information knowing that it is required to be held 
        confidential pursuant to this section shall, upon conviction, 
        be fined not more than $10,000, or imprisoned not more than 1 
        year, or both.
            (2) Subsequent violations.--In the case of a second or 
        subsequent violation of this section, a person shall, upon 
        conviction, be fined not more than $100,000, or imprisoned not 
        more than 5 years, or both.
    (c) Exception.--This section shall not apply in any case in which 
all persons filing pursuant to section 3(b), including the petitioner, 
waive the application of this section.

SEC. 5. GRANTS.

    (a) Authority to Provide Grants.--The Secretary may provide grants 
to Indian tribes to assist the Indian tribes in carrying out activities 
related to this Act.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary to carry 
out this section.

SEC. 6. REGULATIONS.

    (a) Consultation With Indian Tribes.--In developing regulations 
under this Act, the Secretary shall use--
            (1) an effective process to permit elected tribal 
        officials, traditional Native American practitioner, and other 
        representatives of Indian tribal governments to provide 
        meaningful and timely input in that development; and
            (2) where appropriate, consensual mechanisms, including 
        negotiated rulemaking.
    (b) Effective Date.--This Act shall become effective on the date of 
the enactment of this Act. Any failure of the Secretary to promulgate 
regulations under this section shall not affect such effective date.

SEC. 7. CONSULTATION UNDER OTHER LAWS.

    Nothing in this Act shall affect any consultation process under the 
National Historic Preservation Act or any other Federal law.
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