[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8719 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 8719

 To establish the Great Bend of the Gila National Conservation Area in 
             the State of Arizona, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 16, 2022

 Mr. Grijalva introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To establish the Great Bend of the Gila National Conservation Area in 
             the State of Arizona, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Great Bend of the Gila Conservation 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Conservation areas.--The term ``Conservation Areas'' 
        means the Great Bend of the Gila National Conservation Area and 
        the Palo Verde National Conservation Area established by 
        section 3(a).
            (2) Existing use.--The term ``existing use'', with respect 
        to the Conservation Areas, means a use that is occurring within 
        the Conservation Areas on the date of the enactment of this 
        Act.
            (3) Indian tribe.--The term ``Indian Tribe'' means the 
        governing body of any Indian or Alaska Native tribe, band, 
        nation, pueblo, village, community, component band, or 
        component reservation individually identified (including 
        parenthetically) on the list published by the Secretary of the 
        Interior under section 104 of the Federally Recognized Indian 
        Tribe List Act of 1994 (25 U.S.C. 5131).
            (4) Interested indian tribe.--The term ``interested Indian 
        Tribe''means--
                    (A) historic, precontact, cultural, or religious 
                connections to lands within the Conservation Areas;
                    (B) a former reservation located on land within the 
                Conservation Areas; or
                    (C) treaty rights or other reserved rights 
                associated with on land within the Conservation Areas.
            (5) Great bend of the gila map.--The term ``Great Bend of 
        the Gila Map'' means the map entitled ``Proposed Great Bend of 
        the Gila Conservation Act'' and dated February 3, 2022.
            (6) Land management plans.--The term ``land management 
        plans'' means each of the land management plans developed 
        pursuant to section 6(a).
            (7) Native knowledge.--The term ``Native knowledge'' has 
        the meaning given the term in section 219.19 of title 36, Code 
        of Federal Regulations (as in effect on the date of the 
        enactment of this Act).
            (8) New use.--The term ``new use'', with respect to the 
        Conservation Areas--
                    (A) means a use that--
                            (i) involves surface disturbance and is not 
                        occurring in the Conservation Areas on the date 
                        of the enactment of this Act; or
                            (ii) is occurring in the Conservation Areas 
                        on the date of the enactment of this Act, but 
                        that is being modified so as--
                                    (I) to create a surface 
                                disturbance;
                                    (II) to significantly expand or 
                                alter impacts of the use on the land, 
                                water, air, cultural resources, or 
                                wildlife of the Conservation Areas; or
                                    (III) to negatively impact the 
                                purposes for which the Conservation 
                                Areas are designated under this Act; 
                                and
                    (B) does not include a use that--
                            (i) is categorically excluded from the 
                        requirements of title I of the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4331 et seq.);
                            (ii) is carried out to comply with the 
                        Endangered Species Act of 1973 (16 U.S.C. 1531 
                        et seq.);
                            (iii) is necessary to maintain a road, 
                        trail, structure, or facility within the 
                        Conservation Areas that is--
                                    (I) in existence on the date of the 
                                enactment of this Act; and
                                    (II) identified in the management 
                                planning documents of the applicable 
                                land management agency as a road, 
                                trail, structure, or facility intended 
                                for continued use; or
                            (iv) the Secretary determines to be 
                        necessary for the control of fire, insects, or 
                        diseases, subject to applicable law, including 
                        regulations, and such terms and conditions as 
                        the Secretary determines appropriate.
            (9) PLO 1015 lands.--The term ``PLO 1015 lands'' means 
        those Federal lands withdrawn and reserved by Public Land Order 
        1015, dated October 1, 1954 (19 Fed. Reg. 6477), for use by the 
        Arizona Game and Fish Commission in connection with the Gila 
        River Waterfowl Area Project.
            (10) Restoration.--The term ``restoration'' has the meaning 
        given the term in section 219.19 of title 36, Code of Federal 
        Regulations as in effect on the date of the enactment of this 
        Act.
            (11) Sacred site.--The term ``sacred site'' means a 
        specific, discrete, narrowly delineated site on public land 
        that is identified by an Indian Tribe as sacred by virtue of 
        the established religious significance of the site to, or 
        ceremonial or medicinal use of the site by, an Indian Tribe.
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (13) State.--The term ``State'' means the State of Arizona.
            (14) Surface disturbance.--The term ``surface disturbance'' 
        means any new disruption of soil or vegetation that would 
        require restoration to return the soil or vegetation to natural 
        appearance or ecological function.
            (15) Tribal commission.--The term ``Tribal commission'' 
        means each Tribal commission established under section 6(a).
            (16) Tribal cultural site.--The term ``Tribal Cultural 
        Site'' means--
                    (A) a historic property (as defined in section 
                800.16 of title 36, Code of Federal Regulations as in 
                effect on the date of the enactment of this Act);
                    (B) a sacred site; or
                    (C) a landform, landscape, or location that--
                            (i) is or may be important to the customs, 
                        practices, objects, places, religions, or 
                        ceremonies of an Indian Tribe;
                            (ii) is or may be important to an Indian 
                        Tribe for the undertaking of religious, 
                        cultural, spiritual, traditional subsistence, 
                        or other traditional practices;
                            (iii) contains unique or important 
                        traditional Tribal food, medicinal, or material 
                        gathering areas; or
                            (iv) is connected through features, 
                        ceremonies, objects, histories, or cultural 
                        practices to other sites or to a larger sacred 
                        landscape, as determined by an Indian Tribe.
            (17) Tribal organization.--The term ``Tribal organization'' 
        has the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (18) Wilderness areas.--The term ``Wilderness Areas'' means 
        the public lands designated as Wilderness by the amendments 
        made by section 4(a).

SEC. 3. ESTABLISHMENT OF CONSERVATION AREAS.

    (a) Establishment.--
            (1) In general.--Subject to valid existing rights, there is 
        established in the State--
                    (A) the Great Bend of the Gila National 
                Conservation Area; and
                    (B) the Palo Verde National Conservation Area.
            (2) Area included.--
                    (A) Great bend of the gila nca.--The Great Bend of 
                the Gila National Conservation Area consists of the 
                approximately 329,310 acres of land administered by the 
                Bureau of Land Management, as generally depicted on the 
                Great Bend of the Gila Map.
                    (B) Palo verde nca.--The Palo Verde National 
                Conservation Area consists of the approximately 47,653 
                acres of land administered by the Bureau of Land 
                Management, as generally depicted on the Great Bend of 
                the Gila Map.
    (b) Purposes.--The purposes of the Conservation Areas are to 
conserve, protect, and enhance for the benefit and enjoyment of present 
and future generations the Indigenous ancestral, archaeological, 
cultural, historic, geologic, hydrologic, natural, recreational, 
educational, and scenic resources of the Conservation Areas.
    (c) Management.--
            (1) In general.--The Secretary shall manage the 
        Conservation Areas--
                    (A) in a manner that conserves, protects, and 
                enhances the resources of the Conservation Areas;
                    (B) in a manner that preserves and protects Tribal 
                Cultural Sites;
                    (C) in consultation with the applicable Tribal 
                commissions;
                    (D) as components of the National Landscape 
                Conservation System; and
                    (E) in accordance with--
                            (i) the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1701 et seq.);
                            (ii) the Native American Graves Protection 
                        and Repatriation Act (25 U.S.C. 3001 et seq.);
                            (iii) Public Law 95-341 (commonly known as 
                        the American Indian Religious Freedom Act; 42 
                        U.S.C. 1996);
                            (iv) this Act; and
                            (v) any other applicable law.
            (2) Uses.--
                    (A) In general.--In accordance with this Act, the 
                Secretary shall only authorize new or existing uses 
                within the Conservation Areas that the Secretary 
                determines, in consultation with the applicable Tribal 
                commission, are consistent with--
                            (i) the purposes described in subsection 
                        (b);
                            (ii) the management priorities identified 
                        in paragraph (1);
                            (iii) the preservation of Tribal Cultural 
                        Sites within the Conservation Areas; and
                            (iv) this Act.
                    (B) New uses.--
                            (i) In general.--If the Secretary 
                        determines under subparagraph (A) that a new 
                        use is consistent with the requirements of 
                        clauses (i) through (iv) of that subparagraph, 
                        before authorizing the new use, the Secretary 
                        shall request agreement from the applicable 
                        Tribal commission.
                            (ii) Approval.--The Secretary shall 
                        authorize the new use for which the Secretary 
                        requests agreement under clause (i) if the 
                        applicable Tribal commission--
                                    (I) agrees to the new use; or
                                    (II) does not respond to the 
                                request by the date that is 60 days 
                                after the date on which the Secretary 
                                makes the request under clause (i).
                            (iii) Denial.--If the applicable Tribal 
                        commission denies agreement for a new use on or 
                        before the date that is 60 days after the date 
                        on which the Secretary makes the request under 
                        clause (i), the Secretary shall--
                                    (I) consult with the applicable 
                                Tribal commission to determine specific 
                                measures to eliminate or, to the extent 
                                practicable, mitigate potential adverse 
                                impacts to the Conservation Areas 
                                resulting from the new use; and
                                    (II) authorize the new use, subject 
                                to completion of the measures 
                                determined under subclause (I), or deny 
                                the new use if elimination or 
                                substantial mitigation of potential 
                                adverse impacts is not practicable.
                    (C) Motorized vehicles.--
                            (i) In general.--Except as provided in 
                        clauses (ii) and (iii), and as needed for 
                        administrative purposes or to respond to an 
                        emergency, the use of motorized vehicles in the 
                        Conservation Areas after the effective date of 
                        the land management plans shall be allowed only 
                        on roads and trails designated for the use of 
                        motor vehicles in the land management plans.
                            (ii) Resource protection area.--Except as 
                        needed for administrative purposes or to 
                        respond to an emergency, the use of motor 
                        vehicles within the area generally depicted on 
                        the Great Bend of the Gila Map as ``Proposed 
                        Resource Protection Area'' shall be prohibited.
                    (D) New roads.--Except as provided in section 6(c), 
                no new permanent or temporary roads or other motorized 
                vehicle routes shall be constructed within the 
                Conservation Areas after the date of the enactment of 
                this Act.

SEC. 4. ESTABLISHMENT OF WILDERNESS.

    (a) Designation.--Section 101(a) of the Arizona Wilderness Act of 
1990 (16 U.S.C. 1132 note; Public Law 101-628) is amended--
            (1) in paragraph (15), by striking ``1990'' and all that 
        follows through the semicolon and inserting ``1990, and 
        approximately 9,809 acres, generally depicted as `Gila Bend 
        Wilderness' on the map entitled `Proposed Great Bend of the 
        Gila Conservation Act' and dated August 05, 2021, and which 
        shall be known as the Gila Bend Wilderness;'';
            (2) in paragraph (39), by striking the period and inserting 
        a semicolon; and
            (3) by adding at the end the following:
            ``(40) certain lands in Maricopa County, Arizona, which 
        comprise approximately 23,464 acres, as generally depicted as 
        `Red Rock Canyon Wilderness' on the map entitled `Proposed 
        Great Bend of the Gila Conservation Act' and dated August 05, 
        2021, and which shall be known as the Red Rock Canyon 
        Wilderness; and
            ``(41) certain lands in Maricopa County, Arizona, which 
        comprise approximately 23,712 acres, generally depicted as 
        `Ringtail Wilderness' on the map entitled `Proposed Great Bend 
        of the Gila Conservation Act' and dated August 05, 2021, which 
        shall be known as the Ringtail Wilderness.''.
    (b) Applicable Law.--For the purposes of administering the 
Wilderness Areas--
            (1) any reference in the Wilderness Act (16 U.S.C. 1131 et 
        seq.) to the effective date of that Act shall be considered to 
        be a reference to the date of the enactment of this Act; and
            (2) any reference in section 101 of the Arizona Wilderness 
        Act of 1990 (16 U.S.C. 1132 note; Public Law 101-628) to the 
        effective date of that Act shall be considered to be a 
        reference to the date of the enactment of this Act.
    (c) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the Woolsey Peak 
Wilderness, as designated by section 101(a)(13) of the Arizona 
Wilderness Act of 1990 (16 U.S.C. 1132 note; Public Law 101-628), as 
redesignated and amended by subsection (a)(1) of this Act, shall be 
considered to be a reference to the Gila Bend Wilderness.

SEC. 5. MAPS AND LEGAL DESCRIPTIONS.

    (a) In General.--As soon as practicable after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
Energy and Natural Resources of the Senate and the Committee on Natural 
Resources of the House of Representatives a map and legal description 
of each of the Conservation Areas and each of the Wilderness Areas.
    (b) Force and Effect.--Each map and legal description submitted 
under subsection (a) shall have the same force and effect as if 
included in this Act, except that the Secretary may correct any 
clerical or typographical errors in the maps or legal descriptions.
    (c) Availability.--Each map and legal description submitted under 
subsection (a) shall be available for public inspection in the 
appropriate offices of the Bureau of Land Management.

SEC. 6. MANAGEMENT OF CONSERVATION AREAS AND WILDERNESS AREAS.

    (a) Land Management Plans.--
            (1) In general.--Not later than 3 years after the date of 
        the enactment of this Act, the Secretary shall develop a 
        comprehensive management plan for each of the Conservation 
        Areas that provides for the long-term protection and management 
        of the Conservation Areas.
            (2) Requirements.--In developing a management plan under 
        paragraph (1), the Secretary shall--
                    (A) closely collaborate with each applicable Tribal 
                commission in accordance with paragraph (3);
                    (B) consult with--
                            (i) interested Indian Tribes;
                            (ii) appropriate State and local 
                        governmental entities; and
                            (iii) members of the public;
                    (C) at the request of an interested Indian Tribe, 
                include the interested Indian Tribe as a cooperating 
                agency in the development of the management plan; and
                    (D) to the maximum extent practicable, incorporate 
                Native knowledge.
            (3) Incorporation of recommendations.--
                    (A) In general.--In developing a management plan 
                under this subsection, the Secretary shall carefully 
                and fully consider incorporating the traditional, 
                historical, and cultural knowledge and Native knowledge 
                of the applicable Tribal commission, if the Tribal 
                commission submits such information to the Secretary as 
                written recommendations.
                    (B) Consultation.--If the Secretary determines that 
                a specific recommendation submitted to the Secretary 
                under subparagraph (A) is impracticable, infeasible, or 
                not in the public interest, the Secretary shall consult 
                with the applicable Tribal commission to determine 
                specific measures to modify, or otherwise address, the 
                recommendation.
                    (C) Written explanation.--If, after consultation 
                under subparagraph (B), the Secretary determines not to 
                incorporate a specific recommendation submitted to the 
                Secretary under subparagraph (A), the Secretary shall 
                provide to the Tribal commission a written explanation 
                of the reason for the determination by the date that is 
                30 days after the date on which the determination is 
                made.
            (4) Contents.--The land management plan for each of the 
        relevant Conservation Areas shall--
                    (A) describe the appropriate uses and management of 
                the relevant Conservation Area;
                    (B) provide for traditional uses of the 
                Conservation Area by members of Indian Tribes in 
                accordance with subsection (b) and section 7;
                    (C) provide for the protection and preservation of 
                cultural resources within the relevant Conservation 
                Area;
                    (D) be developed with extensive public input and 
                government-to-government consultation with interested 
                Indian Tribes;
                    (E) take into consideration any information 
                developed in studies of the land within the relevant 
                Conservation Area; and
                    (F) include comprehensive travel management plans 
                for the relevant Conservation Area.
    (b) Native American Uses.--
            (1) In general.--To the extent practicable, the Secretary 
        shall ensure access to the Conservation Areas for traditional 
        cultural activities by members of Indian Tribes that are 
        culturally associated with the Conservation Areas.
            (2) Purpose and intent.--Access provided under paragraph 
        (1) shall be consistent with the purpose and intent of Public 
        Law 95-341 (42 U.S.C. 1996), commonly referred to as the 
        American Indian Religious Freedom Act.
            (3) Temporary closures.--
                    (A) In general.--In implementing this subsection, 
                the Secretary, upon the request of an interested Indian 
                Tribe, may temporarily close to general public use of 
                portions of the Conservation Areas to protect the 
                privacy of traditional cultural activities in such 
                areas by members of the interested Indian Tribe.
                    (B) Limitation.--Any closure pursuant to 
                subparagraph (A) shall be made to affect the smallest 
                practicable area for the minimum period of time 
                necessary for such purposes.
    (c) Access.--The Secretary shall allow access, in accordance with 
applicable law, to--
            (1) non-Federal land and interests in non-Federal land 
        within the Conservation Areas; and
            (2) trust or restricted lands or a trust or restricted 
        interest in land (as defined by section 201(4) of the Indian 
        Land Consolidation Act (25 U.S.C. 2201(4))) within the 
        Conservation Areas.
    (d) Coordination and Interpretation.--
            (1) In general.--The Secretary shall, in consultation with 
        each applicable Tribal Commission, seek to coordinate 
        conservation, protection, restoration, and scientific 
        management of the lands within the Great Bend of the Gila 
        National Conservation Area with similar activities carried out 
        on PLO 1015 lands.
            (2) Interpretation.--The Secretary shall seek to ensure 
        that the following areas are interpreted for the public as an 
        overall complex linked by natural and cultural history and 
        resources:
                    (A) The Great Bend of the Gila National 
                Conservation Area.
                    (B) The Gila Bend Wilderness.
                    (C) The Red Rock Canyon Wilderness.
                    (D) PLO 1015 lands.
    (e) Withdrawal.--Subject to valid existing rights, all Federal land 
in the Conservation Areas (including any land acquired by the Secretary 
within the Conservation Areas after the date of the enactment of this 
Act) is withdrawn from--
            (1) all forms of entry, appropriation, and disposal under 
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) operation of the mineral leasing, mineral materials, 
        and geothermal leasing laws.
    (f) Acquisition and Incorporation.--
            (1) In general.--The Secretary may acquire land or an 
        interest in land within the boundaries of the Conservation 
        Areas by purchase from a willing seller, donation, or exchange.
            (2) State lands.--The Secretary, in collaboration with the 
        Arizona State Land Department, shall seek to acquire by 
        exchange or purchase from a willing seller those lands 
        generally depicted on the Great Bend of the Gila Map as ``Lands 
        Identified for Potential Acquisition''.
            (3) Incorporation in conservation areas.--Land acquired 
        under paragraph (1) or paragraph (2) shall--
                    (A) become part of the appropriate Conservation 
                Area and, if within the Wilderness Areas, the 
                appropriate wilderness area; and
                    (B) be managed in accordance with this Act and any 
                other applicable laws.
            (4) PLO 1015.--If the Secretary determines that the lands 
        withdrawn by PLO 1015 and utilized by the Arizona Fish and Game 
        Commission are no longer necessary for the purposes for which 
        they were withdrawn, such lands shall--
                    (A) become part of the Great Bend of the Gila 
                National Conservation Area; and
                    (B) be managed by the United States Fish and 
                Wildlife Service in accordance with this Act and any 
                other applicable laws.
    (g) Grazing.--The grazing of livestock in the Conservation Areas 
and the Wilderness Areas, where established before the date of the 
enactment of this Act, shall be allowed to continue, subject to such 
reasonable regulations, policies, and practices as the Secretary 
considers to be necessary in accordance with--
            (1) applicable law (including regulations);
            (2) the purposes of the Conservation Areas; and
            (3) if within the Wilderness Areas, in accordance with the 
        section 101(f) of the Arizona Wilderness Act of 1990 (16 U.S.C. 
        1132 note; Public Law 101-628) and section 4(b)(2).
    (h) Fish and Wildlife.--Nothing in this Act affects the 
jurisdiction of the State with respect to the management of fish and 
wildlife in the State.
    (i) Water Rights.--Nothing in this Act--
            (1) shall constitute either an express or implied 
        reservation by the United States of any water rights for the 
        Conservation Areas;
            (2) affects the use or allocation, in existence on the date 
        of the enactment of this Act, of any water, water right, or 
        interest in water;
            (3) affects any interstate water compact in existence on 
        the date of the enactment of this section; or
            (4) shall be considered to be a relinquishment or reduction 
        of any water rights reserved or appropriated by the United 
        States in the State on or before the date of the enactment of 
        this Act.
    (j) Invasive Species.--
            (1) In general.--The Secretary may prescribe such measures 
        to control or eradicate nonnative invasive plants within the 
        Conservation Areas and the Wilderness Areas in accordance 
        with--
                    (A) the purposes of the Conservation Areas 
                described in section 3(b);
                    (B) the land management plans for each of the 
                Conservation Areas;
                    (C) applicable law (including regulations); and
                    (D) if within the Wilderness Areas, in accordance 
                with section 4 of the Wilderness Act (16 U.S.C. 
                1133(d)(4)).
            (2) Inventory.--Not later than 3 years after the date of 
        the enactment of this Act, and every 5 years thereafter, the 
        Secretary shall conduct an inventory of nonnative invasive 
        plant species in the Conservation Areas.
            (3) Coordination.--The Secretary shall coordinate the 
        management of nonnative invasive species within the 
        Conservation Areas with the Flood Control District of Maricopa 
        County and neighboring communities.
    (k) Research and Interpretive Management.--The Secretary shall, in 
consultation with each applicable Tribal Commission, allow scientific 
research to be conducted in the Conservation Areas and the Wilderness 
Areas, including research to identify, protect, and preserve the 
historic and cultural resources of the Conservation Areas and the 
Wilderness Areas, subject to such reasonable regulations, policies, and 
practices as the Secretary considers to be necessary in accordance 
with--
            (1) applicable law (including regulations);
            (2) the purposes of the Conservation Areas;
            (3) if within the Wilderness Areas, in accordance with 
        section 4 of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
            (4) this Act.
    (l) Military Overflights.--Nothing in this Act restricts or 
precludes--
            (1) low-level overflights of military aircraft over the 
        Conservation Areas, including military overflights that can be 
        seen or heard within the Conservation Areas;
            (2) flight testing and evaluation; or
            (3) the designation or creation of new units of special use 
        airspace, or the establishment of military flight training 
        routes over the Conservation Areas.
    (m) Adjacent Management.--
            (1) In general.--Nothing in this Act shall be construed to 
        create a protective perimeter or buffer zone around the 
        Conservation Areas.
            (2) Activities and uses.--The fact that activities or uses 
        can be seen or heard from areas within the Conservation Areas 
        shall not preclude the conduct of the activities or uses 
        outside the boundary of the Conservation Areas.

SEC. 7. NATIVE AMERICAN RIGHTS AND USES.

    (a) Tribal Rights.--Nothing in this Act alters or diminishes--
            (1) the treaty rights of any Indian Tribe; or
            (2) the hunting, fishing, and gathering rights of the 
        Tohono O'odham Nation recognized by section 4(b) of the Gila 
        Bend Indian Reservation Lands Replacement Act (Public Law 99-
        503).
    (b) Consultation.--The Secretary shall consult with interested 
Indian Tribes--
            (1) in carrying out the land management plans;
            (2) providing access under section 6(b); and
            (3) to determine whether to charter an advisory committee 
        to provide advice on the management of the Conservation Areas.

SEC. 8. TRIBAL COMMISSION.

    (a) In General.--To ensure that the management of the Conservation 
Areas reflects the expertise and traditional, cultural, ecological, and 
historical knowledge and Native knowledge of members of interested 
Indian Tribes, not later than 180 days after the date of the enactment 
of this Act, the Secretary shall establish for the Conservation Areas a 
Tribal commission.
    (b) Duties.--The Tribal commission shall provide guidance and 
recommendations on the development and implementation of the management 
plan for, and policies of, the Conservation Area.
    (c) Membership.--
            (1) Composition.--The Tribal commission shall consist of 
        the representatives designated by each interested Indian Tribe 
        with a historical association with the land within the 
        boundaries of the Conservation Areas, with a maximum of 1 
        representative per interested Indian Tribe.
            (2) Process.--The Secretary shall conduct government-to-
        government consultation with each interested Indian Tribe with 
        a historical association with the land within the boundaries of 
        the Conservation Areas to determine whether the interested 
        Indian Tribe may designate a representative to be a member of 
        the Tribal commission under paragraph (1).
    (d) Exemption.--The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Tribal commission.

SEC. 9. SELF-DETERMINATION CONTRACTS.

    (a) In General.--The Secretary may contract with 1 or more Indian 
Tribes or Tribal organizations to perform administrative or management 
functions within the Conservation Areas through contracts entered into 
under the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 5301 et seq.).
    (b) Environmental and Other Requirements.--
            (1) Effect.--Nothing in this section alters or abridges the 
        application of--
                    (A) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (B) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (C) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (D) any other applicable Federal environmental law 
                (including regulations); or
                    (E) the Wilderness Act (16 U.S.C. 1131 et seq.).
            (2) Environmental analyses.--Nothing in this section 
        authorizes the Secretary, an Indian Tribe, or a Tribal 
        organization to waive completion of any necessary environmental 
        analysis under applicable Federal law.
            (3) Retention of nepa responsibilities.--The Secretary 
        shall make any decision required to be made under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 
        other applicable Federal law (including regulations) with 
        respect to any activity to be carried out on public land under 
        the jurisdiction of the Bureau of Land Management and Fish and 
        Wildlife Service under this Act.
            (4) Applicability of the administrative procedure act.--
        Nothing in this section alters or abridges the application of 
        subchapter II of chapter 5, or chapter 7, of title 5, United 
        States Code (commonly known as the ``Administrative Procedure 
        Act''), to this Act.
    (c) Tribal Assistance.--The Secretary may provide technical and 
financial assistance to an Indian Tribe in accordance with section 103 
of the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 5322) to improve the capacity of the Indian Tribe to develop, 
enter into, and carry out activities under a contract under subsection 
(a).
                                 <all>