Tribal contracting and protected rights

(a) Tribal contracting (1) In general The Secretary may contract with 1 or more interested Indian Tribes or Tribal organizations to perform administrative or management functions within a covered area through— (A) contracts entered into under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.); (B) agreements or contracts entered into under section 2 of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a); (C) agreements or contracts for stewardship contracting projects entered into under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c); and (D) any other applicable authority. (2) Tribal assistance Using any applicable authority, the Secretary may provide technical and financial assistance to an interested Indian Tribe to improve the capacity of the interested Indian Tribe to develop, enter into, and carry out activities under an agreement or contract entered into under paragraph (1). (b) Tribal cultural and religious uses (1) In general Nothing in this Act diminishes any Tribal rights relating to access to a covered area for Tribal activities, including spiritual, cultural, medicinal, and traditional food gathering activities. (2) Tribal uses and interests (A) Access and use In accordance with applicable law, the Secretary shall ensure access to a covered area by members of an interested Indian Tribe for traditional cultural and religious purposes. (B) Temporary closure (i) In general In carrying out subparagraph (A), the Secretary, on request of an interested Indian Tribe, may temporarily close to the general public the use of 1 or more specific portions of a covered area to protect the privacy of cultural, religious, and food, medicinal, and materials gathering activities by members of the interested Indian Tribe. (ii) Requirements (I) In general Any closure under clause (i) shall be made so as to affect the smallest practicable area for the minimum period of time necessary. (II) Access Access by members of an interested Indian Tribe to a portion of a covered area closed under clause (i) shall be consistent with the purpose and intent of Public Law 95–341 (commonly known as the American Indian Religious Freedom Act) (42 U.S.C. 1996 et seq.) and other applicable law. (c) Federally secured rights (1) Federally secured rights Nothing in this Act alters, modifies, enlarges, diminishes, or abrogates rights secured by treaty, statute, Executive order, or other Federal law of any interested Indian Tribe, including off-reservation reserved rights. (2) Indian land Nothing in this Act affects any Indian land. (3) Land claims The designation of a covered area does not affect any legitimate land claims to the covered area that were secured by treaty or an Act of Congress. (d) Plant and mineral gathering for cultural purposes (1) In general Notwithstanding section 2.6 of title 36, Code of Federal Regulations (or a successor regulation), the Secretary shall allow an enrolled member of any interested Indian Tribe that is culturally affiliated with the land located within the boundaries of a covered area or Bandelier National Monument to collect plants, including parts or products of plants, and mineral resources within the applicable covered area or Bandelier National Monument for noncommercial traditional and cultural uses. (2) Application (A) In general Except as provided in subparagraph (B), a collection activity under paragraph (1) shall be— (i) consistent with applicable laws; and (ii) subject to such conditions as the Secretary determines to be necessary to protect the resources and values of the applicable covered area or Bandelier National Monument. (B) Quantity limitations (i) Existing regulations No quantity limitation contained in a regulation of the National Park Service, Forest Service, or Bureau of Land Management, as applicable, in effect on the date of enactment of this Act shall apply to a collection activity under paragraph (1). (ii) Limitations imposed by the Secretary The Secretary may limit the quantity of plants, including parts or products of plants, and mineral resources collected under paragraph (1) if the Secretary determines that the limitation is necessary to protect the resources and values of the applicable covered area or Bandelier National Monument.