Current Bills Introduced in the 108th Congress

Current Bills Introduced in the Senate
S. 22, Justice Enhancement and Domestic Security Act of 2003
*S.111, Miami Circle Site Bill
S. 738, Northern California Coastal Wild Heritage Wilderness Act
S. 840, Great Basin National Heritage Route Act
S.1271 , Enhanced Protection of Our Cultural Heritage Act of 2003
S. 1377, Southwest Native American Language Revitalization Act of 2003
Current Bills Introduced in
the House of Representatives
H.R. 505, Northern Rio Grande National Heritage Area Act
*H.R. 506, Galisteo Basin Archaeological Sites Protection Act
H.R. 835, Clearwater Basin Project Act
H.R. 1105, Northern Rockies Ecosystem Protection Act
H.R. 1501, Northern California Coastal Wild Heritage Wilderness Act
H.R. 2419, Native American Sacred Lands Act
H.R. 3325, Southern California Wild Heritage Act of 2003
Current Bills Introduced in the Senate

S. 22, Justice Enhancement and Domestic Security Act of 2003 – A bill to enhance domestic security, and for other purposes. Senator Thomas A. Daschle (D-SD) Introduced this bill on January 7, 2003.

Tribal Provision Synopsis

Tribes are listed within this bill. NATHPO concern is in Sec. 7301. Enhanced Penalties for Cultural Heritage Crimes (see below). The laws for embezzlement and theft from Indian tribal organizations and for illegal trafficking in Native American Human Remains and Cultural Items are enhanced.

Tribal Provisions

Subtitle C--Additional Improvements and Corrections to the Federal Criminal Laws

SEC. 7301. ENHANCED PENALTIES FOR CULTURAL HERITAGE CRIMES.

(a) ENHANCED PENALTY FOR ARCHAEOLOGICAL RESOURCES- Section 6(d) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470ee(d)) is amended by striking `not more than 10,000' and all that follows through the end of the subsection and inserting `in accordance with title 18, United States Code, or imprisoned not more than ten years or both; but if the sum of the commercial and archaeological value of the archaeological resources involved and the cost of restoration and repair of such resources does not exceed $500, such person shall be fined in accordance with title 18, United States Code, or imprisoned not more than one year, or both.'.

(b) ENHANCED PENALTY FOR EMBEZZLEMENT AND THEFT FROM INDIAN TRIBAL ORGANIZATIONS- Section 1163 of title 18, United States Code, is amended by striking `five years' and inserting `10 years'.

(c) ENHANCED PENALTY FOR ILLEGAL TRAFFICKING IN NATIVE AMERICAN HUMAN REMAINS AND CULTURAL ITEMS- Section 1170 of title 18, United States Code, is amended--

(1) in subsection (a), by striking `or imprisoned not more than 12 months, or both, and in the case of second or subsequent violation, be fined in accordance with this title, or imprisoned not more than 5 years' and inserting `imprisoned not more than 10 years'; and

(2) in subsection (b), by striking `imprisoned not more than one year' and all that follows through the end of the subsection and inserting `imprisoned not more than 10 years, or both; but if the sum of the commercial and archaeological value of the cultural items involved and the cost of restoration and repair of such items does not exceed $500, such person shall be fined in accordance with this title, imprisoned not more than 1 year, or both.'.


Latest Major Action
On Going
1/7/2003: Referred to the Senate Committee on the Judiciary.

History

1/7/2003: Introductory remarks on measure. (CR 1/9/2003 S136-143)
1/7/2003: Senate read twice and referred to the Committee on the Judiciary

SUMMARY AS OF:
1/7/2003--Introduced.

Justice Enhancement and Domestic Security Act of 2003 - Incorporates provisions entitled as follows: (1) the First Responders Partnership Grant Act of 2003 (authorizes grants to support public safety officers in efforts to protect homeland security and prevent and respond to acts of terrorism); (2) the Safe Borders Act of 2003 (authorizes appropriations for hiring additional Immigration and Naturalization Service personnel and for border security protection technology); (3) the Military Tribunal Authorization Act of 2003 (authorizes the President to establish tribunals for the trial of suspected terrorists and individuals who aid or abet terrorists); (4) the Anti-Terrorist Hoax and False Report Act of 2003; (5) the National AMBER Alert Network Act of 2003 (requires the Attorney General to assign an AMBER Alert Coordinator of the Department of Justice (DOJ) to act as a national coordinator of the AMBER Alert communications network); (6) the Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act of 2003; (7) the Protecting Our Children Comes First Act of 2003 (reauthorizes and increases funding for the National Center for Missing and Exploited Children); (8) the National Child Protection and Volunteers for Children Improvement Act of 2003; (9) the Seniors Safety Act of 2003 (includes provisions regarding crimes against seniors, health care and pension fraud, telemarketing fraud, violations of nursing home rules and regulations, and restitution of elderly crime victims); (10) the Identity Theft Victims Assistance Act of 2003; (11) the Identity Theft Prevention Act of 2003; (12) the Social Security Number Misuse Prevention Act of 2003; (13) the Crime Victims Assistance Act of 2003 (requires a responsible official to arrange reasonable protection of a victim from a suspected offender and sets forth consultation and participatory rights of a victim at detention hearings, trials, and sentencing proceedings); (14) the Providing Reliable Officers, Technology, Education, Community Prosecutors, and Training in Our Neighborhoods Act of 2003 (PROTECTION Act); (15) the Hometown Heroes Survivors Benefits Act of 2003; (16) the Federal Prosecutors Retirement Benefit Equity Act of 2003; (17) the Federal Bureau of Investigation Reform Act of 2003 (revises whistle blower protections); (18) the DNA Sexual Assault Justice Act of 2003 (provides for a recommended national protocol on collecting and processing DNA evidence at crime scenes); (19) the Say No to Drugs Community Centers Act of 2003; (20) the Our Lady of Peace Act of 2003 (revises requirements and provides grants for firearms eligibility determination information and technology); (21) the Ballistics, Law Assistance, and Safety Technology Act of 2003 (BLAST Act) (sets forth firearms ballistics testing and record keeping requirements); (22) the Innocence Protection Act of 2003 (sets forth procedures governing DNA testing of a person convicted of a Federal crime and provides grants for legal representation provided to indigent defendants in State capital cases); and (23) the Anti-Atrocity Alien Deportation Act of 2003 (provides for the inadmissibility and deportability of aliens who have committed acts of torture or extrajudicial killings abroad).

Provides for establishment of: (1) a Rural Policing Institute; (2) a protective function privilege with respect to testimony by Secret Service personnel; (3) the Office of Special Investigations within DOJ to investigate and take legal action to denaturalize certain aliens; and (4) the Advisory Committee on Cargo Theft..

Provides for grants for: (1) treatment facilities in rural States and economically depressed communities, residential treatment centers for drug-addicted women with minor children, and residential and outpatient substance abuse treatment programs for juveniles; (2) drug treatment alternative to prison programs; and (3) community-based justice programs for the prosecution of firearm-related crimes (Project Exile).

 


*S.111, Miami Circle Site Bill – (the bill’s name is for reference only; this is not it’s real name. Please use S.111 to reference it.)

A bill to direct the Secretary of the Interior to conduct a special resource study to determine the national significance of the Miami Circle site in the State of Florida as well as the suitability and feasibility of its inclusion in the National Park System as part of Biscayne National Park, and for other purposes.

Senator Bob Graham (D-FL) introduced this bill on January 9, 2003 *Public Law No: 108-93 on October 3, 2003.

Tribal Provision Synopsis

There is not language provided that requires the Department of the Interior to consult with tribes. Tribes are not referenced in this new law.


Latest Major Action:

10/3/2003 Became Public Law No: 108-93.

History

1/9/2003: Read twice and referred to the Senate Committee on Energy and Natural Resources.

2/5/2003: Senate Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

2/11/2003: Senate Committee on Energy and Natural Resources. Reported by Senator Domenici with an amendment in the nature of a substitute. With written report No. 108-4.

2/11/2003: Placed on Senate Legislative Calendar under General Orders. Calendar No. 12.

3/4/2003: Passed Senate with an amendment by Unanimous Consent. (consideration: CR S3103; text as passed Senate: CR S3103)

3/5/2003: Message on Senate action sent to the House.

3/5/2003 10:01am: Received in the House.

3/5/2003: Referred to the House Committee on Resources.

3/10/2003: Referred to the Subcommittee on National Parks, Recreation and Public Lands.

7/15/2003: Committee Consideration and Mark-up Session Held.

7/15/2003: Ordered to be Reported by Voice Vote.

7/15/2003: Subcommittee on National Parks, Recreation and Public Lands Discharged.

9/11/2003 2:06pm: Reported by the Committee on Resources. H. Rept. 108-268.

9/11/2003 2:06pm: Placed on the Union Calendar, Calendar No. 153.

9/23/2003 3:38pm: Mr. Renzi moved to suspend the rules and pass the bill.

9/23/2003 3:38pm: Considered under suspension of the rules. (consideration: CR H8424-8425)

9/23/2003 3:45pm: At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Renzi objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.

9/23/2003 7:22pm: Considered as unfinished business. (consideration: CR H8467)

9/23/2003 7:23pm: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H8424)

9/23/2003 7:23pm: Motion to reconsider laid on the table Agreed to without objection.

9/23/2003: Cleared for White House.

9/25/2003: Presented to President.

10/3/2003: Signed by President.

10/3/2003: Became Public Law No: 108-93.

Summary

Directs the Secretary of the Interior to conduct a special resource study and report to Congress on the national significance of the Miami Circle archaeological site in Miami-Dade County, Florida, as well as the feasibility and suitability of including it in Biscayne National Park in Florida. Requires the Secretary to include analysis and recommendations on: (1) any areas in or surrounding the Miami Circle that should be included in the Park; (2) whether additional staff, facilities, or other resources would be necessary to administer the Miami Circle as part of the Park; and (3) any effect on the local area from the inclusion of the Miami Circle in the Park.

 


S. 738, Northern California Coastal Wild Heritage Wilderness Act

A bill to designate certain public lands in Humboldt, Del Norte, Mendocino, Lake, Napa, and Yolo Counties in the State of California as wilderness, to designate certain segments of the Black Butte River in Mendocino County, California as a wild or scenic river, and for other purposes.

Senator Barbara Boxer (D-CA) introduced this bill on March 27, 2003.

Indian Provision Synopsis

See synopsis in H.R. 1501.

Indian Provisions

Contains the exact language found in H.R. 1501.


Related Bills:H.R.1501


Latest Major Action

On going.

3/27/2003 Referred to Senate Committee on Energy and Natural Resources.

SUMMARY AS OF:
3/27/2003--Introduced.

Northern California Coastal Wild Heritage Wilderness Act - Designates specified National Forest System and Bureau of Land Management district lands in Del Norte, Humboldt, Lake, Mendocino, and Napa Counties in California as wilderness and components of the National Wilderness Preservation System. Requires that such lands be administered by the Secretary of the Interior or the Secretary of Agriculture, whoever has current administrative jurisdiction.

Provides for the adjustment of the boundaries of certain of the lands to allow and encourage mechanical fire-suppression activities near Wildfire risk areas.

Designates specified Bureau of Land Management district lands in California as potential wilderness areas. Requires that the Secretary of the Interior manage such lands as wilderness and carry out ecological restoration activities.

Designates specified segments of the Black Butte River in Mendocino County, California as a wild and scenic river. Requires the Secretary of Agriculture to submit a fire management plan and a report on the cultural and historic resources of Black Butte River.

Authorizes appropriations to the Secretary of the Interior and the Secretary of Agriculture for: (1) the establishment of a program to provide grants for creating wilderness-related jobs and for developing visitors centers, brochures, and kiosks; (2) the development of trails and other facilities to promote wilderness recreation; (3) the support of law enforcement activities; and (4) the support of firefighting activities.

 


S. 840, Great Basin National Heritage Route Act – A bill to establish the Great Basin National Heritage Route in the States of Nevada and Utah. Senator Harry M. Reid (D-NV) introduced this bill on March 9, 2003.

Indian Provision Synopsis

The bill seeks to establish a Great Basin National Heritage Route in Nevada and there are included Indian provisions for those tribes of the White Pine County, Nevada, Millard County, Utah, and the Duckwater Shoshone Reservation in Nevada. The bill seeks to include the appropriate local member tribes to participate in developing the Great Basin Nation Heritage Route.

Indian Provisions

SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS- Congress finds that--

(7) the Native American heritage of the Heritage Route dates back thousands of years and includes--

(D) communities of Western Shoshone, Paiute, and Goshute tribes;

SEC. 4. GREAT BASIN NATIONAL HERITAGE ROUTE.

(a) ESTABLISHMENT- There is established the Great Basin National Heritage Route to provide the public with access to certain historical, cultural, natural, scenic, and recreational resources in White Pine County, Nevada, Millard County, Utah, and the Duckwater Shoshone Reservation in the State of Nevada, as designated by the management entity.

(c) MANAGEMENT ENTITY-

(1) IN GENERAL- The Great Basin Heritage Route Partnership shall serve as the management entity for the Heritage Route.

(2) BOARD OF DIRECTORS- The Great Basin Heritage Route Partnership shall be governed by a board of directors that consists of--

(C) a representative appointed by each Native American Tribe participating in the Heritage Route.

SEC. 5. MEMORANDUM OF UNDERSTANDING.

(a) IN GENERAL- In carrying out this Act, the Secretary, in consultation with the Governors of the States of Nevada and Utah and the tribal government of each Indian tribe participating in the Heritage Route, shall enter into a memorandum of understanding with the management entity.

SEC. 7. AUTHORITY AND DUTIES OF MANAGEMENT ENTITY.

(a) AUTHORITIES- The management entity may, for purposes of preparing and implementing the management plan, use funds made available under this Act to--

(1) make grants to, and enter into cooperative agreements with, a State (including a political subdivision), an Indian tribe, a private organization, or any person; and

Latest Major Action

4/9/2003 Referred to the Senate Committee on Energy and Natural Resources.

History

4/9/2003: Introductory remarks on measure. (CR S5071)

4/9/2003: Read twice and referred to the Committee on Energy and Natural Resources. (text of measure as introduced: CR S5071-5073)

SUMMARY
4/9/2003--Introduced.

Great Basin National Heritage Route Act - Establishes the Great Basin National Heritage Route to provide the public with access to certain historical, cultural, natural, scenic, and recreational resources in White Pine County, Nevada, Millard County, Utah, and the Duckwater Shoshone Reservation in Nevada.

Designate the Great Basin Heritage Route Partnership as the Route's management entity and requires the Partnership to submit a management plan to the Secretary of the Interior. Directs the Secretary, acting through the Director of the National Park Service, to enter into a memorandum of understanding with the Partnership regarding Route objectives and management. Authorizes the Secretary to provide technical and financial assistance.

 


S.1271 , Enhanced Protection of Our Cultural Heritage Act of 2003 – A bill to enhance the criminal penalties for illegal trafficking of archeological resources, and for other purposes. Senator Patrick J. Leahy (D-VT) introduced this bill on June 17, 2003.

Tribal Provision Synopsis

This bill’s provisions are similar to S. 22’s SEC. 7301. ENHANCED PENALTIES FOR CULTURAL HERITAGE CRIMES. This is a stand alone bill and its legislation was included in S.22 for consideration and increased chance of passage. The chances of having S. 1271 pass separately was low and is probably the reason why its language was included into S.22, which should have a better chance of passage due to increased focus on national security and the fight against terrorism.


Latest Major Action

On going.

6/17/2003: Read twice and referred to the Committee on Energy and Natural Resources.

History

6/17/2003: Introductory remarks on measure. (CR S7981-7982)

6/17/2003: Senate read twice and referred to the Committee on Energy and Natural Resources. (text of measure as introduced: CR S7982)

AMENDMENT(S):

None

SUMMARY AS OF:
6/17/2003--Introduced.

Enhanced Protection of Our Cultural Heritage Act of 2003 - Amends the Archaeological Resources Protection Act of 1979 to increase penalties for violating, or counseling, procuring, soliciting, or employing another to violate prohibitions regarding: (1) unauthorized excavation, removal, damage, alteration, or defacement of archaeological resources; (2) trafficking in archaeological resources the excavation or removal of which was wrongful under Federal law; and (3) trafficking in interstate or foreign commerce in archaeological resources the excavation, removal, sale, purchase, exchange, transportation, or receipt of which was wrongful under State or local law.

Amends the Federal criminal code to increase penalties for: (1) embezzlement and theft from Indian tribal organizations; and (2) illegal trafficking in Native American human remains and cultural items

 


S. 1377, Southwest Native American Language Revitalization Act of 2003 – A bill to authorize a Native American language demonstration program at the University of New Mexico at Albuquerque, in consortium with the Linguistic Institute for Native Americans. Senator Jeff Bingaman (D-NM) introduced this bill on July 8, 2003.

Latest Major Action:

7/8/2003 Referred to Senate Committee on Indian Affairs.

History

On going.

7/8/2003: Read twice and referred to the Committee on Indian Affairs.

SUMMARY AS OF:
7/8/2003--Introduced.

Southwest Native American Language Revitalization Act of 2003 - Directs the Secretary of Education to make grants or enter into contracts to establish a demonstration program at the Native American Studies Department of the University of New Mexico at Albuquerque, in consortium with the Linguistic Institute for Native Americans and other entities that will provide assistance to Native American language survival schools and community-based Native American language nests.

Authorizes such program to: (1) establish endowments to further the activities of the program relating to the study and preservation of Native American languages; and (2) use funds to provide for the rental, lease, purchase, construction, maintenance, and repair of facilities.

 

Current Bills Introduced in
the House of Representatives

H.R. 505, Northern Rio Grande National Heritage Area Act – To establish the Northern Rio Grande National Heritage Area in the State of New Mexico, and for other purposes. This bill includes Indian provisions (see below). Representative Tom Udall (D-NM) introduced this bill on January 29, 2003.

Tribal Provision Synopsis

The bill ensures that New Mexico tribes and pueblos in the New Mexican counties of Santa Fe, Rio Arriba, and Taos are included in the plan to protect the Northern Rio Grande National Heritage area by including appropriate tribal representation to the Northern Rio Grande National Heritage Area, Inc, a non-profit corporation. The bill also states that nothing in the language shall impede or weaken existing tribes’ rights and/or treaties.

Tribal Provisions

SEC. 4. NORTHERN RIO GRANDE NATIONAL HERITAGE AREA.

(a) ESTABLISHMENT- There is hereby established the Northern Rio Grande National Heritage Area in the State of New Mexico.

(b) BOUNDARIES- The heritage area shall include the counties of Santa Fe, Rio Arriba, and Taos.

(c) MANAGEMENT ENTITY-

(1) The Northern Rio Grande National Heritage Area, Inc., a non-profit corporation chartered in the State of New Mexico, shall serve as the management entity for the heritage area.

(2) The Board of Directors for the management entity shall include representatives of the State of New Mexico, the counties of Santa Fe, Rio Arriba and Taos, tribes and pueblos within the heritage area, the cities of Santa Fe, Espanola and Taos, and members of the general public. The total number of Board members and the number of Directors representing State, local and tribal governments and interested communities shall be established to ensure that all parties have appropriate representation on the Board.

SEC. 7. SAVINGS PROVISIONS.

(a) NO EFFECT ON PRIVATE PROPERTY- Nothing in this Act shall be construed--

(1) to modify, enlarge, or diminish any authority of Federal, State, or local governments to regulate any use of privately owned lands; or

(2) to grant the management entity any authority to regulate the use of privately owned lands.

(b) TRIBAL LANDS- Nothing in this Act shall restrict or limit a tribe from protecting cultural or religious sites on tribal lands.

(c) AUTHORITY OF GOVERNMENTS- Nothing in this Act shall--

(1) modify, enlarge, or diminish any authority of Federal, State, tribal, or local governments to manage or regulate any use of land as provided for by law or regulation; or

(2) authorize the management entity to assume any management authorities over such lands.

(d) TRUST RESPONSIBILITIES- Nothing in this Act shall diminish the Federal Government's trust responsibilities or government-to-government obligations to any federally recognized Indian tribe.

Latest Major Action

On going.

2/12/2003 House committee/subcommittee requested Executive comments from the Interior Department on how this legislation may effect them. Response pending.

HISTORY

1/29/2003: Referred to the House Committee on Resources.

2/12/2003: Referred to the Subcommittee on National Parks, Recreation and Public Lands.

2/12/2003: Executive Comment Requested from Interior.

RELATED BILL DETAILS:

S. 211, Northern Rio Grande National Heritage Area Act

SUMMARY AS OF:

1/29/2003--Introduced.

Northern Rio Grande National Heritage Area Act - Establishes the Northern Rio Grande National Heritage Area, which shall include the counties of Santa Fe, Rio Arriba, and Taos, in New Mexico.

Designates Northern Rio Grande National Heritage Area, Inc., as the Areas's management entity which: (1) shall develop, submit, and implement a management plan that includes recommendations for conservation, funding, management, development, and interpretation of the Area; (2) may provide assistance to tribal and local governments and other entities to carry out the plan; and (3) may not use Federal funds received under this Act to acquire real property.

Authorizes the Secretary of the Interior to provide technical and financial assistance to develop and implement the management plan.

 


*H.R. 506, Galisteo Basin Archaeological Sites Protection Act - To provide for the protection of archaeological sites in the Galisteo Basin in New Mexico, and for other purposes. Representative Tom Udall (D-NM) introduced this bill on January 29, 2003 and became *Public Law No: 108-208 on March 19, 2004.


Related Bills:S.210

SUMMARY AS OF:
11/4/2003--Passed House, amended.

Galisteo Basin Archaeological Sites Protection Act - (Sec. 3) Designates specified archaeological sites in New Mexico as the Galisteo Basin Archaeological Protection Sites. Instructs the Secretary, upon written request of an owner of private property included within the boundary of such a site protected under this Act, to immediately remove that property from within that boundary.

(Sec. 4) Requires the Secretary of the Interior to: (1) continue to search for additional Native American and Spanish colonial sites in the Galisteo Basin area; and (2) submit to the Congress recommendations for additions to, deletions from, and modifications of the boundaries of such sites.

(Sec. 5) Directs the Secretary to administer archeological protection sites located on Federal land in accordance with this Act and other applicable laws in a manner that will protect, preserve, and maintain the archeological resources and provide for research thereon. Requires the Secretary to submit to specified congressional committees a general management plan for the identification, research, protection, and public interpretation of the archaeological protection sites located on Federal lands, and those sites located on private and State lands for which the Secretary has entered into discretionary Cooperative Agreements with their owners for the protection, preservation, maintenance, and administration of their archaeological resources and associated lands.

Directs the Secretary to consult with various parties in developing the plan, including: (1) the Governor of New Mexico; and (2) affected Native American pueblos.

(Sec. 7) Authorizes the Secretary to acquire lands and interests within the boundaries of the archaeological protection sites, and access to them, by donation, by purchase with donated or appropriated funds, or by exchange. Limits to donation or exchange the Secretary's acquisition authority for lands or interests owned by the State of New Mexico or a local government, except that State trust land may be acquired only by exchange.

(Sec. 8) Withdraws all Federal lands within the sites, subject to valid existing rights, from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing.

(Sec. 9) States that this Act shall not: (1) authorize regulation of privately owned lands within an archaeological protection site; or (2) restrict or limit an Indian tribe from protecting cultural or religious sites on tribal land.

 


H.R. 835, Clearwater Basin Project Act - To provide for enhanced collaborative forest stewardship management within the Clearwater and Nez Perce National Forests in Idaho, and for other purposes. Representative C.L. (Butch) Otter (R-ID) introduced this bill on February 13, 2003.

Tribal Provision Synopsis

The provisions included in this act aim to preserve and recognize the Nez Perce’s right to hunt and fish within the Clearwater Basin. The act also includes the Nez Perce tribe to be included in a proposed pilot project to improve ecosystem health for fish, wildlife, and other community values and complement existing management of the Clearwater and Nez Perce National Forests.

Tribal Provisions

SEC. 2. FINDINGS AND DEFINITIONS.

(a) FINDINGS- Congress finds the following:

(6) The Clearwater Basin is an area of significant importance to the Nez Perce Tribe and members of that Tribe continue to exercise treaty-reserved hunting and fishing rights in the Basin.

(8) A pilot project, in which an advisory group and the Forest Service engage with the Nez Perce Tribe and other interested parties to identify and complete high priority activities through a collaborative approach, will address a compelling need c

SEC. 3. CLEARWATER ADVISORY PANEL.

(a) ESTABLISHMENT AND PURPOSE- The Secretary shall establish an advisory group, to be known as the `Clearwater Advisory Panel', for the purpose of improving collaborative relationships and providing advice and recommendations to the Forest Service regarding the Clearwater Basin pilot project and activities under the pilot project, as authorized by and consistent with this Act.

(b) DUTIES- The CAP shall--

(3) provide frequent opportunities for citizens, organizations, tribes, agencies, and other interested parties to participate openly and meaningfully, beginning at the early stages of the activity schedule development process under this Act.

(d) COMPOSITION-

(1) NUMBER- The CAP shall be comprised of 15 members.

(2) COMMUNITY INTERESTS REPRESENTED- Committee members shall be representative of the interests of the following three categories:

(C) Five persons who--

(i) hold State elected office or their designee;

(ii) hold county or local elected office;

(iii) represent Indian Tribes within or adjacent to the pilot project area;

SEC. 4. CLEARWATER BASIN PILOT PROJECT.

(e) ACTIVITY SCHEDULES-

(2) CONSULTATION- The CAP shall prepare the schedules in consultation with, and with technical assistance from, the applicable Forest Supervisor. The CAP shall also consult with the Nez Perce Tribe in developing and recommending each five-year schedule. The Forest Service shall consult with the Tribe to assure that the activities in the schedule are consistent with treaty and any other obligations to the Tribe.

Latest Major Action

On Going

3/3/2003 Referred to the House Subcommittee on Department Operations, Oversight, Nutrition and Forestry.

History

2/13/2003: Introductory remarks on measure. (CR E251)

2/13/2003: Referred to the Committee on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

2/13/2003: Referred to House Resources

2/27/2003: Referred to the Subcommittee on Forests and Forest Health.

2/27/2003: Executive Comment Requested from USDA.

2/13/2003: Referred to House Agriculture

3/3/2003: Referred to the Subcommittee on Department Operations, Oversight, Nutrition and Forestry.

SUMMARY AS OF:

2/13/2003--Introduced.

Clearwater Basin Project Act - Directs the Secretary of Agriculture to establish and maintain the Clearwater Advisory Panel (CAP), which shall provide advice and recommendations to the Forest Service regarding the Clearwater Basin pilot project (the Project) within the Clearwater and Nez Perce National Forests, Idaho. States that the CAP shall: (1) make recommendations regarding activities for high priority implementation; (2) provide early and continuous coordination with Federal officials; and (3) provide for public input into its proceedings.

Directs the CAP, in consultation with and receiving technical assistance from the applicable Forest Supervisor, to develop and submit for approval from the Forest Supervisor five-year schedules of high priority activities for the Project (with separate schedules for each Forest). Requires that the activities included in such schedules have funding authorized and appropriated under this Act or other law and that they be consistent with the applicable forest land and resource management plan. Directs the Forest Service to complete any applicable National Environmental Policy Act (NEPA) procedures for the approval of the activities at the site-specific, project level. Directs the CAP to consult with the Nez Perce Tribe in developing and recommending each schedule.

Directs the Forest Supervisor to issue a project or activity decision document regarding approval of the recommended schedule in accordance with NEPA and other applicable procedures.

Provides for the schedules and activities authorized under this section to supplement certain other schedules, plans, and projects or other activities authorized and implemented under other law.



H.R. 1105, Northern Rockies Ecosystem Protection Act - To designate as wilderness, wild and scenic rivers, national park and preserve study areas, wild land recovery areas, and biological connecting corridors certain public lands in the States of Idaho, Montana, Oregon, Washington, and Wyoming, and for other purposes. Representative Christopher Shays (R-CT) introduced this bill on March 5, 2003.

Tribal Provision Synopsis

The bill seeks tribal consultation, recognizes and protects traditional tribal land usage in the area for cultural and religious activities by closing park lands for this purpose. Bold and italics added below for emphasis.

Tribal Provisions

SEC. 604. NATIVE AMERICAN USES.

(a) DEFINITION- For purposes of this section and section 605, the term `protected areas' means the Wilderness areas, National Park and Preserve Study areas, Wildland Recovery areas, Wild and Scenic Rivers, and biological corridors designated by this Act.

(b) NONEXCLUSIVE ACCESS- In recognition of the past use of portions of the protected areas by Native Americans for traditional cultural and religious purposes, the Secretary of Agriculture and the Secretary of the Interior shall ensure nonexclusive access to these protected areas by native people for such traditional cultural and religious purposes. Such access shall be consistent with the purpose and intent of Public Law 95-341 (42 U.S.C. 1996; commonly known as the American Indian Religious

Freedom Act). The Secretaries, in accordance with such Act, upon request of an Indian tribe, may from time-to-time temporarily close to the general public use of one or more specific portions of these protected areas in order to protect the privacy of religious activities and cultural uses in such portions by an Indian people. As part of the preparation of general management plans for the protected areas, the Secretaries shall request that the chief executive officers of appropriate Indian tribes make recommendations with respect to assuring access to important sites, enhancing the privacy of traditional cultural and religious activities, and protecting cultural and religious sites.

(c) COOPERATIVE AGREEMENT- The Forest Service and Bureau of Land Management shall enter into cooperative management agreements with the appropriate Indian tribes to assure protection of religious, burial, and gathering sites in the protected areas, and shall work cooperatively on the management of all uses in the protected areas that impact Indian lands and people.

SEC. 605. CULTURAL RESOURCES.

In managing the protected areas described in section 604 in accordance with the provisions of this Act, the Secretary of Agriculture and the Secretary of the Interior shall give particular emphasis to the preservation and protection of cultural resources located within these areas, in accordance with the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and the National Historic Preservation Act (16 U.S.C. 470 et seq.). Cultural resources within the protected areas shall be managed in consultation withState Historic Preservation Officers, Indian tribes, and other appropriate parties in the States affected, with emphasis on the preservation of resources in the areas and the interpretive, educational, and long-term scientific uses of these resources.

TITLE VII--RULES OF CONSTRUCTION

SEC. 701. WATER RIGHTS.

Nothing in this Act may be construed as a relinquishment or reduction of any water rights reserved, appropriated, or otherwise secured by the United States in the State of Idaho, Montana, Wyoming, Oregon, or Washington on or before the date of enactment of this Act.

SEC. 702. FUTURE DESIGNATIONS.

Nothing in this Act may be construed as establishing a precedent with regard to any future designations, including designations of wilderness, or as constituting an interpretation of any other Act or designations made pursuant thereto.

SEC. 703. INDIAN TRIBES.

Nothing in this Act may be construed to affect or modify any treaty or other right of an Indian tribe.


Latest Major Action

On going.

3/12/2003 House committee/subcommittee actions. Status: Executive Comment Requested from USDA, Interior.

History

3/5/2003: Referred to the House Committee on Resources.

3/12/2003: Referred to the Subcommittee on National Parks, Recreation and Public Lands.

3/12/2003: Referred to the Subcommittee on Forests and Forest Health.

3/12/2003: Referred to the Subcommittee on Fisheries Conservation, Wildlife and Oceans.

3/12/2003: Executive Comment Requested from USDA, Interior.

SUMMARY AS OF:
3/5/2003--Introduced.

The bill designates the following lands in Idaho, Montana, Oregon, Washington, and Wyoming as wilderness and components of the National Wilderness Preservation System (System): (1) Greater Glacier/Northern Continental Divide ecosystem; (2) Greater Yellowstone ecosystem; (3) Greater Salmon/Selway ecosystem; (4) Greater Cabinet/Yaak/Selkirk ecosystem; (5) Islands in the Sky Wilderness; and (6) Blackfeet Wilderness.

Designates: (1) specified wild land areas as Biological Connecting Corridors to protect the life flow of the Northern Rockies Bioregion; (2) the inventoried roadless areas identified as part of the Corridors as components of the System; and (3) certain biological connecting corridors as special corridor management areas.

Establishes the Hells Canyon/Chief Joseph National Park and Preserve as a National Park System unit. Repeals Federal law provisions that establish the Hells Canyon National Recreation Area.

Requires the Secretary of the Interior to: (1) implement a program of ecosystem restoration in the Preserve; and (2) study the feasibility of creating a Flathead National Park and Preserve in the area generally known as the Glacier View Ranger District of the Flathead National Forest.

Amends the Wild and Scenic Rivers Act to designate segments of specified rivers and creeks in Idaho, Montana, and Wyoming as components of the National Wild and Scenic Rivers System.

Establishes the National Wildland Restoration and Recovery System and the National Wildland Recovery Corps.

Requires the Secretaries of the Interior and Agriculture to assure nonexclusive access to the specified areas and corridors designated by this Act by Native Americans for traditional cultural and religious purposes.

 


H.R. 1501, Northern California Coastal Wild Heritage Wilderness Act – To designate certain public lands in Humboldt, Del Norte, Mendocino, Lake, Napa, and Yolo Counties in the State of California as wilderness, to designate certain segments of the Black Butte River in Mendocino County, California as a wild or scenic river, and for other purposes. Representative Mike Thompson (CA) introduced this bill on March 27, 2003.

Indian Provision Synopsis

The bill’s main goal is to designate certain public lands as “wilderness” and to designate certain river segments as “wild” or “scenic” while protecting these lands from wildfire risks. Funding is provided to also allow local communities to develop other methods to promote wilderness and wild and scenic river tourism. The language only ensures that local tribes have access for cultural and religious activities on these lands. No consultation is required by either the Department of the Interior or of Agriculture regarding the development of these lands.

The language does not take into consideration existing tribal land claims into account (if any exist) regarding the areas under consideration.

Indian Provisions

SEC. 2. FINDINGS.

The Congress finds and declares the following:

(6) The wilderness and wild and scenic river resources designated by this Act shall be included in the National Wilderness Preservation System and the National Wild and Scenic Rivers System, in order to--

(D) protect and preserve areas that continue to be used by Native American tribes for spiritual, cultural, or subsistence practices;

SEC. 102. ADMINISTRATION OF WILDERNESS AREAS.

(o) NATIVE AMERICAN USES AND INTERESTS- In recognition of the past use of wilderness areas designated by this title by members of Indian tribes for traditional

cultural and religious purposes, the Secretary shall ensure access to such wilderness areas by Indian tribes for such traditional cultural and religious purposes. In implementing this section, the Secretary, upon the request of an Indian tribe or Indian religious community, shall temporarily close to the general public use of one or more specific portions of the wilderness area in order to protect the privacy of traditional cultural and religious activities in the area by members of the Indian tribe or Indian religious community. Any such closure shall be made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall be consistent with the purpose and intent of Public Law 95-341 (42 U.S.C. 1996; commonly known as the American Indian Religious Freedom Act) and the Wilderness Act.

TITLE II--WILD AND SCENIC RIVER DESIGNATIONS

SEC. 201. DESIGNATION OF BLACK BUTTE RIVER, CALIFORNIA, AS WILD AND SCENIC RIVER.

(d) NATIVE AMERICAN USES AND INTERESTS- In recognition of the past use of the areas designated by this title as wild, scenic, and recreational rivers by members of Indian tribes for traditional cultural and religious purposes, the Secretary of Agriculture shall ensure access to such wild, scenic, and recreational rivers by Indian tribes for such traditional cultural and religious purposes. In implementing this section, the Secretary, upon the request of an Indian tribe or Indian religious community, shall temporarily close to the general public use of one or more specific portions of the wild, scenic, or recreational river to protect the privacy of traditional cultural and religious activities in those portions by members of the Indian tribe or Indian religious community. Any such closure shall be made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall be consistent with the purpose and intent of Public Law 95-341 (42 U.S.C. 1996; commonly known as the American Indian Religious Freedom Act) and the Wilderness Act.

TITLE III--AUTHORIZATION OF APPROPRIATIONS

SEC. 301. WILDERNESS AND WILD AND SCENIC RIVERS TOURISM DEVELOPMENT.

There is authorized to be appropriated for each fiscal year $2,500,000 to the Secretary of Agriculture and $2,500,000 to the Secretary of the Interior to establish a program to providegrants to communities surrounded by, or adjacent to, wilderness areas or wild, scenic, or recreational rivers designated by this Act, to be used for the purpose of creating and promoting wilderness- and recreation-related jobs, developing visitors centers, informational brochures, and kiosks regarding the wilderness areas or wild, scenic, or recreational rivers, or other developing other methods to promote wilderness and wild and scenic river tourism.

Latest Major Action

On going.

4/2/2003 House Resources Subcommittee on Forests and Forest Health requested Executive Comment Requested from USDA, and the Interior Departments on how this bill may affect them.

STATUS:

3/27/2003: Referred to the House Committee on Resources.

4/2/2003: Referred to the Subcommittee on National Parks, Recreation and Public Lands.

4/2/2003: Referred to the Subcommittee on Forests and Forest Health.

4/2/2003: Executive Comment Requested from USDA, Interior.

RELATED BILL

S.738, Northern California Coastal Wild Heritage Wilderness Act

SUMMARY AS OF:
3/27/2003--Introduced.

Northern California Coastal Wild Heritage Wilderness Act - Designates specified National Forest System and Bureau of Land Management district lands in Del Norte, Humboldt, Lake, Mendocino, and Napa Counties in California as wilderness and components of the National Wilderness Preservation System. Requires that such lands be administered by the Secretary of the Interior or the Secretary of Agriculture, whoever has current administrative jurisdiction.

Provides for the adjustment of the boundaries of certain of the lands to allow and encourage mechanical fire-suppression activities near wildfire risk areas.

Designates specified Bureau of Land Management district lands in California as potential wilderness areas. Requires that the Secretary of the Interior manage such lands as wilderness and carry out ecological restoration activities.

Designates specified segments of the Black Butte River in Mendocino County, California as a wild and scenic river. Requires the Secretary of Agriculture to submit a fire management plan and a report on the cultural and historic resources of Black Butte River.

Authorizes appropriations to the Secretary of the Interior and the Secretary of Agriculture for: (1) the establishment of a program to provide grants for creating wilderness-related jobs and for developing visitors centers, brochures, and kiosks; (2) the development of trails and other facilities to promote wilderness recreation; (3) the support of law enforcement activities; and (4) the support of firefighting activities.


H.R. 2419, Native American Sacred Lands Act – To protect sacred Native American Federal land from significant damage. Representative Nick J. Rahall II (D-WVA) introduced this bill on June 11, 2003.

Latest Major Action

On going.

6/11/2003 Referred to the House Committee on Resources.

History

6/11/2003: Introductory remarks on measure. (CR E1230-123 1 )

6/11/2003: Referred to the House Committee on Resources.

AMENDMENT(S):

***NONE***

SUMMARY AS OF:
6/11/2003--Introduced.

Native American Sacred Lands Act - Requires managers of Federal land to: (1) accommodate meaningful access and use by Indian religious practitioners; (2) prevent significant damage to Indian sacred lands; and (3) consult with Indian tribes and Native Hawaiian organizations before taking significant actions concerning such lands.

Prohibits undertakings likely to cause significant damage to Indian sacred lands.

Grants Indian tribes and Native Hawaiian organizations the right to petition the department or agency with administrative jurisdiction to have Federal lands designated as unsuitable for certain undertakings. Permits appeals through the Federal agency appeals board or in U. S. district courts. Provides relief through monetary damages, injunctions, or mandamus.

Provides for the withdrawal of lands determined to be unsuitable. Requires Federal land use plans to be modified accordingly.

Protects the confidentiality of information in a petition as it pertains to traditional cultural practice, religion, or the significance and location of sacred land. Establishes criminal penalties for violations of such confidentiality.

Authorizes the Secretary of the Interior to make grants to assist Indian tribes in activities under this Act (including the acquisition or management of sacred lands deemed unsuitable for undertaking under this Act).

Authorizes the head of the department or agency with administrative jurisdiction over Federal sacred land to enter into cooperative agreements with tribes and take the land into trust for the benefit of the Indian tribe if the tribe manages the land to protect its sacredness.

Requires the Secretary to consult with Indian tribes in developing regulations.

 


H.R. 3325, Southern California Wild Heritage Act of 2003 – To designate certain public lands as wilderness and certain rivers as wild and scenic rivers in the State of California, and to establish the Ancient Bristlecone Pine Forest, and for other purposes. Representative Hilda L. Solis, (D-CA) introduced this bill on October 16, 2003.

Tribal Provision Synopsis

The bill proposes to allow tribal usage of lands on California’s Death Valley National Park and the following river areas BUCKHORN CREEK, CALIFORNIA; CEDAR CREEK, CALIFORNIA; CLAVEY RIVER, CALIFORNIA; COTTONWOOD CREEK, CALIFORNIA; DEEP CREEK, CALIFORNIA; DINKEY CREEK, CALIFORNIA; LOWER KERN RIVER, CALIFORNIA;KINGS RIVER, CALIFORNIA; OWENS RIVER HEADWATERS, CALIFORNIA; PINE VALLEY CREEK, CALIFORNIA;PIRU CREEK, CALIFORNIA; SAN DIEGO RIVER, CALIFORNIA; and UPPER SESPE CREEK, CALIFORNIA.

The bill does not limit traditional land usage to those tribes traditionally located in these areas. The bill does seek to protect and allow cultural and religious activities to be conducted in these areas upon request to the Secretary of the Interior. The bill also seeks to create a new area to protect the ancient Bristlecone trees by establishing a national forest for them. This bill plans to “[s]ubject to valid existing rights, all Federal lands within the Ancient Bristlecone Pine Forest are hereby withdrawn from all forms of entry, appropriation or disposal under the public land laws; from location, entry, and patent under the mining laws; and from disposition under all laws relating to mineral and geothermal leasing, and all amendments thereto.” There is no mention of local tribal consultation. The language does not recognize whether local area tribes have any prior claim to this area where the government wishes to establish a new forest.

Tribal Provisions

SEC. 2. FINDINGS.

(a) The Congress finds and declares that--

(6) these lands shall be included in the National Wilderness Preservation System and the National Wild and Scenic Rivers System, in order to--

(C) protect and preserve historical and cultural archaeological sites associated with ancient Indian cultures and the settlement of California;

(D) protect and preserve areas that continue to be used by Indian tribes for spiritual, cultural, or subsistence practices;

SEC. 102. ADMINISTRATION OF WILDERNESS AREAS.

(n) NATIVE AMERICAN USES AND INTERESTS- In recognition of the past use of wilderness areas designated under this Act by Indian people for traditional cultural and religious purposes, the Secretary shall ensure access to such wilderness areas by Indian people for such traditional cultural and religious purposes. In implementing this section, the Secretary, upon the request of an Indian tribe or Indian religious community, shall temporarily close to the general public use of one or more specific portions of the wilderness area in order to protect the privacy of traditional cultural and religious activities in such areas by Indian people. Any such closure shall be made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access 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', and the Wilderness Act (78 Stat. 890; 16 U.S.C. 1131).

TITLE V--AUTHORIZATION OF APPROPRIATIONS

SEC. 501. WILDERNESS AND WILD AND SCENIC RIVER TOURISM DEVELOPMENT.

There is authorized to be appropriated $2,500,000 annually to the Secretary of Agriculture and $2,500,000 annually to the Secretary of the Interior to establish a program to provide `Wilderness and Wild and Scenic Economic Development' grants to communities surrounded by or adjacent to wilderness areas and wild, scenic, and recreational rivers designated by this Act, for use in creating and promoting wilderness and recreation related jobs, developing visitors centers, informational brochures and kiosks, or other methods for promoting wilderness and wild and scenic river tourism in these areas.

History

10/16/2003: Introductory remarks on measure. (CR E2063)

10/16/2003: Referred to the House Committee on Resources.

10/28/2003: Referred to the Subcommittee on National Parks, Recreation and Public Lands.

10/28/2003: Referred to the Subcommittee on Forests and Forest Health.

10/28/2003: Executive Comment Requested from USDA, Interior.

SUMMARY AS OF:
10/16/2003--Introduced.

Southern California Wild Heritage Act of 2003 - Designates specified national forest and Bureau of Land Management district lands in California as wilderness and components of the National Wilderness Preservation System (System). Requires such areas to be administered by the Secretary of the Interior or Agriculture, whichever has current administrative jurisdiction over each area.

Designates specified California national park lands as wilderness and components of the System, requiring such lands to be managed by the National Park Service.

Designates specified California rivers as wild and scenic rivers.

Establishes the Ancient Bristlecone Pine Forest for public enjoyment and scientific study. Requires the development of a comprehensive management plan for such Forest.

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