[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4421 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4421

 To protect Native cultural sites located on Federal land, to improve 
consultation with Indian Tribes, to bring parity to Indian Tribes with 
 regard to Federal public land management laws, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 16, 2022

 Mr. Heinrich introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 To protect Native cultural sites located on Federal land, to improve 
consultation with Indian Tribes, to bring parity to Indian Tribes with 
 regard to Federal public land management laws, 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 ``Advancing Tribal Parity on Public 
Land Act''.

SEC. 2. PREVENTING DISPOSAL OF CULTURAL SITES.

    (a) In General.--
            (1) Definitions.--In this subsection:
                    (A) Cultural site.--The term ``cultural site'' 
                means--
                            (i) a sacred site;
                            (ii) a historic property (as defined in 
                        section 800.16 of title 36, Code of Federal 
                        Regulations (as in effect on the date of 
                        enactment of this Act)); or
                            (iii) a landform or landscape that--
                                    (I) is the site of important 
                                customs, practices, objects, places, 
                                religions, or ceremonies of Indian 
                                Tribes;
                                    (II) is important to an Indian 
                                Tribe for the undertaking of religious, 
                                cultural, spiritual, or traditional 
                                practices;
                                    (III) is connected through features 
                                or ceremonies to other sites or a 
                                larger sacred landscape, as determined 
                                by an Indian Tribe; or
                                    (IV) contains unique or important 
                                traditional Tribal food, medicinal, or 
                                material gathering areas.
                    (B) Former reservation.--The term ``former 
                reservation'' means land that is within the exterior 
                boundaries of any previous reservation that was 
                established by treaty, Executive order, or Secretarial 
                order for an Indian Tribe.
                    (C) 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).
                    (D) Interested indian tribe.--The term ``interested 
                Indian Tribe'', with respect to a tract of public land 
                subject to proposed disposition by the Secretary 
                concerned under, as applicable, section 203 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1713), section 503(a) of the Forest Service 
                Facility Realignment and Enhancement Act of 2005 (16 
                U.S.C. 580d note; Public Law 109-54), or section 
                2(a)(1) of Public Law 97-465 (commonly known as the 
                ``Small Tract Act of 1983'') (16 U.S.C. 521d(a)(1)), 
                means an Indian Tribe with--
                            (i) historic, precontact, cultural, or 
                        religious connection to a cultural site located 
                        on the tract of public land;
                            (ii) a former reservation located on the 
                        tract of public land; or
                            (iii) treaty rights or other reserved 
                        rights associated with the tract of public 
                        land.
                    (E) Public land.--The term ``public land'' means--
                            (i) public lands (as defined in section 103 
                        of the Federal Land Policy and Management Act 
                        of 1976 (43 U.S.C. 1702)); and
                            (ii) National Forest System land.
                    (F) 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.
                    (G) Secretary concerned.--The term ``Secretary 
                concerned'' means--
                            (i) with respect to public land described 
                        in subparagraph (E)(i), the Secretary of the 
                        Interior; and
                            (ii) with respect to public land described 
                        in subparagraph (E)(ii), the Secretary of 
                        Agriculture.
            (2) Consideration of tribal interests.--The Secretary 
        concerned may not dispose of a tract of public land under, as 
        applicable, section 203 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1713), section 503(a) of the 
        Forest Service Facility Realignment and Enhancement Act of 2005 
        (16 U.S.C. 580d note; Public Law 109-54), or section 2(a)(1) of 
        Public Law 97-465 (commonly known as the ``Small Tract Act of 
        1983'') (16 U.S.C. 521d(a)(1)) unless the Secretary concerned 
        determines, through consultation with any interested Indian 
        Tribes, as evidenced by a written correspondence signed by the 
        Secretary concerned and all interested Indian Tribes, that 
        disposal of the tract--
                    (A) would not impact the rights and interests of 
                any interested Indian Tribe; and
                    (B) would not impair access to a reservation.
            (3) Notification.--If the Secretary concerned determines 
        under paragraph (2) that disposal of a tract of public land 
        under that paragraph would not impact the rights and interests 
        of an interested Indian Tribe and would not impair access to a 
        reservation, prior to conducting a sale of the tract of public 
        land, the Secretary concerned shall notify all Indian Tribes of 
        the availability of the tract for sale--
                    (A) in accordance with--
                            (i) Executive Order 13175 (25 U.S.C. 5301 
                        note; relating to consultation and coordination 
                        with Indian tribal governments);
                            (ii) chapter 1780 of the Bureau of Land 
                        Management Manual (or successor regulations), 
                        with respect to public land described in 
                        paragraph (1)(E)(i); and
                            (iii) chapter 1563 of the Forest Service 
                        Manual (or successor regulations), with respect 
                        to public land described in paragraph 
                        (1)(E)(ii); and
                    (B) in a manner that--
                            (i) the Secretary concerned determines 
                        provides adequate notice to each Indian Tribe 
                        of the availability of the tract for sale; and
                            (ii) uses any methods or modes of 
                        communication by which an Indian Tribe has 
                        requested to be notified of the availability of 
                        the tract for sale.
            (4) Tribal right of first refusal.--
                    (A) Sale to indian tribe.--If an interested Indian 
                Tribe notified of the proposed sale of a tract of 
                public land under paragraph (3) submits to the 
                Secretary concerned a bid to buy the tract for fair 
                market value by not later than 60 days after receiving 
                the notification, the Secretary concerned shall sell 
                the tract to the interested Indian Tribe.
                    (B) Multiple bids.--
                            (i) In general.--If more than 1 interested 
                        Indian Tribe submits a bid to purchase a tract 
                        of public land under subparagraph (A), the 
                        Secretary concerned shall defer the sale of the 
                        tract for a period of not more than 180 days, 
                        unless an extension is agreed to by the 
                        interested Indian Tribes that submitted bids 
                        and the Secretary concerned, to allow the 
                        Secretary concerned and interested Indian 
                        Tribes to develop a mutually agreeable sale of 
                        the tract to 1 or more interested Indian 
                        Tribes.
                            (ii) Agreement.--If the Secretary concerned 
                        and the interested Indian Tribes reach an 
                        agreement under clause (i), the Secretary shall 
                        execute the terms of that agreement in 
                        accordance with applicable law (including 
                        regulations).
                            (iii) Failure to reach agreement.--If, at 
                        the end of, as applicable, the 180-day period 
                        described in clause (i) or any extended period 
                        agreed to under that clause, the Secretary 
                        concerned and the interested Indian Tribes fail 
                        to reach an agreement regarding the sale of the 
                        applicable tract of public land, the Secretary 
                        concerned shall not, for a period of 5 years 
                        following the end of that 180-day period, offer 
                        the tract for sale.
                    (C) Mandatory trust acquisition.--A tract of public 
                land acquired by an interested Indian Tribe under this 
                paragraph shall be taken into and held in trust by the 
                Secretary of the Interior for the benefit of the 
                interested Indian Tribe.
            (5) Appraisal standards.--The fair market value of a tract 
        of public land to be sold under this subsection shall be 
        determined pursuant to an appraisal conducted in accordance 
        with--
                    (A) the Uniform Appraisal Standards for Federal 
                Land Acquisitions; and
                    (B) the Uniform Standards of Professional Appraisal 
                Practice.
    (b) Federal Land Policy and Management Act of 1976 Amendments.--
            (1) Exchanges.--Section 206(a) of the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1716(a)) is amended--
                    (A) by inserting ``, the interests of Indian 
                Tribes,'' after ``better Federal land management''; and
                    (B) by striking ``(a) A tract'' and inserting the 
                following:
    ``(a) Authorization.--
            ``(1) Definition of indian tribe.--In this subsection, 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 under section 104 of the Federally Recognized 
        Indian Tribe List Act of 1994 (25 U.S.C. 5131).
            ``(2) Authorization.--A tract''.
            (2) Coordination with state, local, and tribal 
        governments.--
                    (A) In general.--Section 210 of the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1720) is 
                amended--
                            (i) in the first sentence--
                                    (I) by striking ``are located and 
                                the head'' and inserting ``are located, 
                                the head''; and
                                    (II) by inserting ``and interested 
                                Indian Tribes'' after ``area within 
                                which such lands are located,''; and
                            (ii) by striking the section heading and 
                        designation and all that follows through ``At 
                        least sixty'' in the first sentence and 
                        inserting the following:

``SEC. 210. COORDINATION WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS.

    ``(a) Definitions.--In this section:
            ``(1) Cultural site.--The term `cultural site' means--
                    ``(A) a sacred site;
                    ``(B) a historic property (as defined in section 
                800.16 of title 36, Code of Federal Regulations (as in 
                effect on the date of enactment of the Advancing Tribal 
                Parity on Public Land Act)); or
                    ``(C) a landform or landscape that--
                            ``(i) is the site of important customs, 
                        practices, objects, places, religions, or 
                        ceremonies of Indian Tribes;
                            ``(ii) is important to an Indian Tribe for 
                        the undertaking of religious, cultural, 
                        spiritual, or traditional practices;
                            ``(iii) is connected through features or 
                        ceremonies to other sites or a larger sacred 
                        landscape, as determined by an Indian Tribe; or
                            ``(iv) contains unique or important 
                        traditional Tribal food, medicinal, or material 
                        gathering areas.
            ``(2) Former reservation.--The term `former reservation' 
        means land that is within the exterior boundaries of any 
        previous reservation that was established by treaty, Executive 
        order, or Secretarial order for an Indian Tribe.
            ``(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 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', with respect to a tract of public lands the offer for 
        sale or conveyance of which is subject to notification under 
        subsection (b), means an Indian Tribe with--
                    ``(A) historic, precontact, cultural, or religious 
                connection to a cultural site located on the tract of 
                public lands;
                    ``(B) a former reservation located on the tract of 
                public lands; or
                    ``(C) treaty rights or other reserved rights that 
                can be exercised on the tract of public lands.
            ``(5) Sacred site.--The term `sacred site' means a 
        specific, discrete, narrowly delineated site on public lands 
        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.
    ``(b) Notification.--At least 60''.
                    (B) Conforming amendment.--The table of contents 
                for the Federal Land Policy and Management Act of 1976 
                (Public Law 94-579; 90 Stat. 2743) is amended by 
                striking the item relating to section 210 and inserting 
                the following:

``Sec. 210. Coordination with State, local, and Tribal governments.''.
    (c) Federal Land Transaction Facilitation Act Amendments.--
            (1) Definitions.--Section 203 of the Federal Land 
        Transaction Facilitation Act (43 U.S.C. 2302) is amended--
                    (A) in paragraph (1)--
                            (i) by inserting ``, including sacred sites 
                        and land that affect the exercise of treaty or 
                        other reserved rights,'' after ``value''; and
                            (ii) by striking ``Federal, State, or 
                        local'' and inserting ``Federal, State, Tribal, 
                        or local'';
                    (B) by redesignating paragraphs (1), (2), (3), (4), 
                (5), and (6) as paragraphs (2), (3), (5), (7), (9), and 
                (11), respectively;
                    (C) by inserting before paragraph (2) (as so 
                redesignated) the following:
            ``(1) Cultural site.--The term `cultural site' means--
                    ``(A) a sacred site;
                    ``(B) a historic property (as defined in section 
                800.16 of title 36, Code of Federal Regulations (as in 
                effect on the date of enactment of the Advancing Tribal 
                Parity on Public Land Act)); and
                    ``(C) a landform or landscape that--
                            ``(i) is the site of important customs, 
                        practices, objects, places, religions, or 
                        ceremonies of Indian Tribes;
                            ``(ii) is important to an Indian Tribe for 
                        the undertaking of religious, cultural, 
                        spiritual, or traditional practices;
                            ``(iii) is connected through features or 
                        ceremonies to other sites or a larger sacred 
                        landscape, as determined by an Indian Tribe; or
                            ``(iv) contains unique or important 
                        traditional Tribal food, medicinal, or material 
                        gathering areas.'';
                    (D) by inserting after paragraph (3) (as so 
                redesignated) the following:
            ``(4) Former reservation.--The term `former reservation' 
        means land that is within the exterior boundaries of any 
        previous reservation that was established by treaty, Executive 
        order, or Secretarial order for an Indian Tribe.'';
                    (E) by inserting after paragraph (5) (as so 
                redesignated) the following:
            ``(6) 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 under 
        section 104 of the Federally Recognized Indian Tribe List Act 
        of 1994 (25 U.S.C. 5131).'';
                    (F) by inserting after paragraph (7) (as so 
                redesignated) the following:
            ``(8) Interested indian tribe.--The term `interested Indian 
        Tribe', with respect to an inholding identified under section 
        204(a)(1), means an Indian Tribe with--
                    ``(A) historic, precontact, cultural, or religious 
                connection to a cultural site located on the inholding;
                    ``(B) a former reservation located on the 
                inholding; or
                    ``(C) treaty rights or other reserved rights that 
                can be exercised on the inholding.''; and
                    (G) by inserting after paragraph (9) (as so 
                redesignated) the following:
            ``(10) Sacred site.--The term `sacred site' means a 
        specific, discrete, narrowly delineated site 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.''.
            (2) Public notice of inholdings procedures.--Section 204(b) 
        of the Federal Land Transaction Facilitation Act (43 U.S.C. 
        2303(b)) is amended, in the first sentence, by inserting ``, 
        including notice to all interested Indian Tribes,'' after 
        ``public notice''.
            (3) Federal land disposal account.--Section 206(c)(3) of 
        the Federal Land Transaction Facilitation Act (43 U.S.C. 
        2305(c)(3)) is amended--
                    (A) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (D) and (E), respectively; and
                    (B) by inserting after subparagraph (B) the 
                following:
                    ``(C) the extent to which the acquisition of the 
                land or interest therein will uphold the United States 
                treaty and trust obligations to Indian Tribes and the 
                preservation of Native American culture and 
                religion;''.
    (d) Recreation and Public Purposes Act Amendments.--
            (1) In general.--The first section of the Act of June 14, 
        1926 (commonly known as the ``Recreation and Public Purposes 
        Act'') (44 Stat. 741, chapter 578; 68 Stat. 174, chapter 263; 
        43 U.S.C. 869), is amended--
                    (A) by striking the section designation and all 
                that follows through ``(a) The Secretary'' and 
                inserting the following:

``SECTION 1. DISPOSAL OF LANDS FOR PUBLIC OR RECREATIONAL PURPOSES.

    ``(a) Authority To Dispose of Public Lands.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Cultural site.--The term `cultural site' 
                means--
                            ``(i) a sacred site;
                            ``(ii) a historic property (as defined in 
                        section 800.16 of title 36, Code of Federal 
                        Regulations (as in effect on the date of 
                        enactment of the Advancing Tribal Parity on 
                        Public Land Act)); or
                            ``(iii) a landform or landscape that--
                                    ``(I) is the site of important 
                                customs, practices, objects, places, 
                                religions, or ceremonies of Indian 
                                Tribes;
                                    ``(II) is important to an Indian 
                                Tribe for the undertaking of religious, 
                                cultural, spiritual, or traditional 
                                practices;
                                    ``(III) is connected through 
                                features or ceremonies to other sites 
                                or a larger sacred landscape, as 
                                determined by an Indian Tribe; or
                                    ``(IV) contains unique or important 
                                traditional Tribal food, medicinal, or 
                                material gathering areas.
                    ``(B) Former reservation.--The term `former 
                reservation' means land that is within the exterior 
                boundaries of any previous reservation that was 
                established by treaty, Executive order, or Secretarial 
                order for an Indian Tribe.
                    ``(C) 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).
                    ``(D) Interested indian tribe.--The term 
                `interested Indian Tribe', with respect to a tract of 
                public lands subject to proposed disposition by the 
                Secretary of the Interior under paragraph (2), means an 
                Indian Tribe with--
                            ``(i) historic, precontact, cultural, or 
                        religious connection to a cultural site located 
                        on the tract of public lands;
                            ``(ii) a former reservation located on the 
                        tract of public lands; or
                            ``(iii) treaty rights or other reserved 
                        rights that can be exercised on the tract of 
                        public lands.
                    ``(E) Sacred site.--The term `sacred site' means a 
                specific, discrete, narrowly delineated site on public 
                lands 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.
            ``(2) Authority.--The Secretary''; and
                    (B) in subsection (a)(2) (as so designated)--
                            (i) in the first sentence, by striking 
                        ``State, Territory'' and inserting ``State, 
                        Indian Tribe, Territory''; and
                            (ii) in the second sentence, by inserting 
                        ``that disposal of the land will not impact the 
                        rights and interests of an interested Indian 
                        Tribe,'' after ``established or definitely 
                        proposed project,''.
            (2) Sale or lease to indian tribes.--Section 2 of the Act 
        of June 14, 1926 (commonly known as the ``Recreation and Public 
        Purposes Act'') (44 Stat. 741, chapter 578; 68 Stat. 174, 
        chapter 263; 43 U.S.C. 869-1), is amended--
                    (A) in subsection (a) by striking ``State, 
                Territory'' and inserting ``State, Indian Tribe, 
                Territory''; and
                    (B) in subsection (b) by striking ``State, 
                Territory, county'' and inserting ``State, Indian 
                Tribe, Territory, county''.
    (e) Small Tracts Act Amendments.--The first section of Public Law 
97-465 (commonly known as the ``Small Tract Act of 1983'') (16 U.S.C. 
521c) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``That for purposes of this Act'' and all that follows through 
        ``means a land transfer'' in paragraph (2) and inserting the 
        following:

``SECTION 1. DEFINITIONS.

    ``In this Act:
            ``(1) 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).
            ``(2) Interchange.--The term `interchange' means a land 
        transfer''; and
            (2) in paragraph (2), by striking ``may prescribe; and'' 
        and all that follows through the end of paragraph (3) and 
        inserting the following: ``may prescribe.
            ``(3) Person.--The term `person' includes any State or 
        Indian Tribe or any political subdivision or entity of a State 
        or Indian Tribe.
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture.''.
    (f) Education Land Grant Act Amendments.--Section 202(a) of the 
Education Land Grant Act (16 U.S.C. 479a(a)) is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``or an entity that operates or controls a school funded by the 
        Bureau of Indian Education'' after ``public school district''; 
        and
            (2) in paragraph (1), by inserting ``or the entity that 
        operates or controls a school funded by the Bureau of Indian 
        Education'' after ``public school district''.
    (g) Miscellaneous Provisions.--
            (1) Selection of school lands on ceded indian 
        reservations.--The first section of the Act of March 2, 1895, 
        is amended by striking the following: ``That any State or 
        Territory entitled to indemnity school lands or entitled to 
        select lands for educational purposes under existing law may 
        select such lands within the boundaries of any Indian 
        reservation in such State or Territory from the surplus lands 
        thereof, purchased by the United States after allotments have 
        been made to the Indians of such reservation, and prior to the 
        opening of such reservation to settlement.'' (28 Stat. 899, 
        chapter 188; 43 U.S.C. 856).
            (2) Representation of indian claimants in suits to 
        determine right to school lands.--The Act of March 2, 1901 (31 
        Stat. 950, chapter 808; 43 U.S.C. 868) is repealed.
            (3) Townsites.--Public Law 85-569 (16 U.S.C. 478a) is 
        amended--
                    (A) in the first sentence, by striking ``would 
                serve indigenous community objectives that outweigh the 
                public objectives and values which would be served by 
                maintaining such tract in Federal ownership, he may'' 
                and inserting ``is in the public interest, the 
                Secretary may''; and
                    (B) in the second sentence--
                            (i) by striking ``county, city, or other 
                        local governmental subdivision'' and inserting 
                        ``Indian tribe (as defined in section 102 of 
                        the Federally Recognized Indian Tribe List Act 
                        of 1994 (25 U.S.C. 5130)) or county, city, or 
                        local governmental subdivision'';
                            (ii) by striking ``for sale to a 
                        governmental subdivision'' and inserting ``for 
                        sale to an Indian tribe or governmental 
                        subdivision''; and
                            (iii) by striking ``will be controlled by 
                        the governmental subdivision'' and inserting 
                        ``will be controlled by the Indian tribe or 
                        governmental subdivision''.

SEC. 3. INCREASED CONSULTATION.

    (a) Inventory and Identification.--Section 201(b) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1711(b)) is amended 
by striking ``State and local'' and inserting ``State, local, and 
Tribal''.
    (b) Land Use Planning.--Section 202 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1712) is amended--
            (1) in subsection (c)(9), by striking ``State and local'' 
        each place it appears and inserting ``State, local, and 
        Tribal''; and
            (2) in subsection (f), by striking ``Federal, State, and 
        local'' and inserting ``Federal, State, local, and Tribal''.
    (c) Advisory Councils and Public Participation.--Section 309 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1739) is 
amended--
            (1) in subsection (a)--
                    (A) in the fifth sentence, by striking ``The 
                establishment'' and inserting the following:
            ``(6) Requirement.--The establishment'';
                    (B) in the fourth sentence, by striking 
                ``Appointments'' and inserting the following:
            ``(5) Appointments.--Appointments'';
                    (C) in the third sentence, by striking ``To the 
                extent'' and inserting the following:
            ``(4) No duplication.--To the extent'';
                    (D) in the second sentence, by striking ``At least 
                one member of each council'' and inserting the 
                following:
            ``(3) Requirements for membership.--
                    ``(A) In general.--At least 1 member of each 
                advisory council established under this section''; and
                    (E) in the first sentence, by inserting ``and 
                Tribal'' before ``interests concerning'';
            (2) by striking the section heading and designation and all 
        that follows through ``(a) The Secretary'' and inserting the 
        following:

``SEC. 309. ADVISORY COUNCILS AND PUBLIC PARTICIPATION.

    ``(a) Establishment of Advisory Councils.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Cultural site.--The term `cultural site' 
                means--
                            ``(i) a sacred site;
                            ``(ii) a historic property (as defined in 
                        section 800.16 of title 36, Code of Federal 
                        Regulations (as in effect on the date of 
                        enactment of the Advancing Tribal Parity on 
                        Public Land Act)); or
                            ``(iii) a landform or landscape that--
                                    ``(I) is the site of important 
                                customs, practices, objects, places, 
                                religions, or ceremonies of Indian 
                                Tribes;
                                    ``(II) is important to an Indian 
                                Tribe for the undertaking of religious, 
                                cultural, spiritual, or traditional 
                                practices;
                                    ``(III) is connected through 
                                features or ceremonies to other sites 
                                or a larger sacred landscape, as 
                                determined by an Indian Tribe; or
                                    ``(IV) contains unique or important 
                                traditional Tribal food, medicinal, or 
                                material gathering areas.
                    ``(B) Former reservation.--The term `former 
                reservation' means land that is within the exterior 
                boundaries of any previous reservation that was 
                established by treaty, Executive order, or Secretarial 
                order for an Indian Tribe.
                    ``(C) 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 under section 104 of the 
                Federally Recognized Indian Tribe List Act of 1994 (25 
                U.S.C. 5131).
                    ``(D) Interested indian tribe.--The term 
                `interested Indian Tribe', with respect to the public 
                lands within an area for which an advisory council is 
                established under this section, means an Indian Tribe 
                with--
                            ``(i) historic, precontact, cultural, or 
                        religious connection to a cultural site located 
                        on the public lands;
                            ``(ii) a former reservation located on the 
                        public lands; or
                            ``(iii) treaty rights or other reserved 
                        rights that can be exercised on the public 
                        lands.
                    ``(E) Sacred site.--The term `sacred site' means a 
                specific, discrete, narrowly delineated site on public 
                lands 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.
            ``(2) Establishment.--The Secretary''; and
            (3) in subsection (a), in paragraph (3) (as so designated), 
        by adding at the end the following:
                    ``(B) Interested indian tribes.--At least 1 member 
                of each advisory council established under this section 
                shall be a representative of an interested Indian 
                Tribe.''.
    (d) Improved Planning.--
            (1) Development and management of national forests.--
        Section 3 of the Multiple-Use Sustained-Yield Act of 1960 (16 
        U.S.C. 530) is amended by striking ``and others'' and inserting 
        ``, interested Indian Tribes, and others''.
            (2) Definition of indian tribe.--Section 4 of the Multiple-
        Use Sustained-Yield Act of 1960 (16 U.S.C. 531) is amended--
                    (A) by striking the section designation and all 
                that follows through ``means: The'' in subsection (a) 
                and inserting the following:

``SEC. 4. DEFINITIONS.

    ``In this Act:
            ``(1) 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).
            ``(2) Multiple use.--The term `multiple use' means--
                    ``(A) the'';
                    (B) in paragraph (2)(A) (as so designated), by 
                striking ``making the most'' and inserting the 
                following:
                    ``(B) making the most'';
                    (C) in paragraph (2)(B) (as so designated), by 
                striking ``that some land'' and inserting the 
                following:
                    ``(C) that some land'';
                    (D) in paragraph (2)(C) (as so designated), by 
                striking ``harmonious'' and inserting the following:
                    ``(D) harmonious''; and
                    (E) in subsection (b), by striking the subsection 
                designation and all that follows through ``means the 
                achievement'' and inserting the following:
            ``(3) Sustained yield of the several products and 
        services.--The term `sustained yield of the several products 
        and services' means the achievement''.
    (e) National Forest System Land and Resource Management Plans.--
Section 6(a) of the Forest and Rangeland Renewable Resources Planning 
Act of 1974 (16 U.S.C. 1604(a)) is amended by striking ``State and 
local governments'' and inserting ``State, Tribal, and local 
governments''.
    (f) Information and Data.--Section 12 of the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 1610) is amended, 
in the first sentence, by striking ``Federal, State, and private 
organizations'' and inserting ``Federal, State, Tribal, and private 
organizations''.
    (g) Public Participation.--Section 14(a) of the Forest and 
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1612(a)) 
is amended by striking ``Federal, State, and local governments'' and 
inserting ``Federal, State, Tribal, and local governments''.
    (h) Advisory Boards for Public Participation in the Planning for 
and Management of the National Forest System.--Section 14(b) of the 
Forest and Rangeland Renewable Resources Planning Act of 1974 (16 
U.S.C. 1612(b)) is amended--
            (1) by striking ``(b) In providing'' and inserting the 
        following:
    ``(b) Advisory Boards.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Cultural site.--The term `cultural site' 
                means--
                            ``(i) a sacred site;
                            ``(ii) a historic property (as defined in 
                        section 800.16 of title 36, Code of Federal 
                        Regulations (as in effect on the date of 
                        enactment of the Advancing Tribal Parity on 
                        Public Land Act)); or
                            ``(iii) a landform or landscape that--
                                    ``(I) is the site of important 
                                customs, practices, objects, places, 
                                religions, or ceremonies of Indian 
                                Tribes;
                                    ``(II) is important to an Indian 
                                Tribe for the undertaking of religious, 
                                cultural, spiritual, or traditional 
                                practices;
                                    ``(III) is connected through 
                                features or ceremonies to other sites 
                                or a larger sacred landscape, as 
                                determined by an Indian Tribe; or
                                    ``(IV) contains unique or important 
                                traditional Tribal food, medicinal, or 
                                material gathering areas.
                    ``(B) Former reservation.--The term `former 
                reservation' means land that is within the exterior 
                boundaries of any previous reservation that was 
                established by treaty, Executive order, or Secretarial 
                order for an Indian Tribe.
                    ``(C) 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).
                    ``(D) Interested indian tribe.--The term 
                `interested Indian Tribe', with respect to National 
                Forest System land, means an Indian Tribe with--
                            ``(i) historic, precontact, cultural, or 
                        religious connection to a cultural site located 
                        on the National Forest System land;
                            ``(ii) a former reservation located on the 
                        National Forest System land; or
                            ``(iii) treaty rights or other reserved 
                        rights that can be exercised on the National 
                        Forest System land.
                    ``(E) Sacred site.--The term `sacred site' means a 
                specific, discrete, narrowly delineated site on 
                National Forest System 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.
            ``(2) Establishment.--In providing'';
            (2) in paragraph (2) (as so designated), in the second 
        sentence, by striking ``The membership of such boards'' and 
        inserting the following:
            ``(3) Membership.--
                    ``(A) In general.--The membership of each advisory 
                board established under paragraph (2)''; and
            (3) in paragraph (3) (as so designated), by adding at the 
        end the following:
                    ``(B) Interested indian tribes.--At least 1 member 
                of each advisory board established under paragraph (2) 
                shall be a representative of an interested Indian 
                Tribe.''.

SEC. 4. CONFIDENTIAL INFORMATION.

    (a) In General.--Notwithstanding any other provision of law, at the 
request of the applicable Indian Tribe or Tribal government, any Tribal 
consultation meeting held for the purpose of carrying out this Act or 
an amendment made by this Act shall be closed to the public.
    (b) Sensitive Information.--
            (1) In general.--Notwithstanding any other provision of 
        law, if, during a Tribal consultation process conducted for the 
        purpose of carrying out this Act or an amendment made by this 
        Act, the applicable Indian Tribe or Tribal government 
        designates any information, such as the location of a sacred 
        site or other detail of a cultural or religious practice, as 
        sensitive, that information shall be protected by law as 
        confidential and withheld from any public disclosure or 
        publication made as part of the Tribal consultation process or 
        in the process of carrying out this Act or an amendment made by 
        this Act.
            (2) Access.--If information has been designated as 
        sensitive under paragraph (1), the applicable agency shall 
        determine, in consultation with the applicable Indian Tribe or 
        Tribal government, who may have access to the information for 
        the purposes of carrying out this Act or an amendment made by 
        this Act.
                                 <all>