Page:United States Statutes at Large Volume 122.djvu/1311

 12 2 STA T . 12 8 8 PUBLIC LA W 11 0– 2 34—M A Y 22, 2008 pos s e ss i o n o fth e I n d i a nt r i b eor l ineal des c endant that ha v e been disinterred fro mN ational F orest Sy stem land or an ad j acent site .( b )REBURIAL . —W ith the consent of the affected Indian tribe or lineal descendent , the Secretary may recover and reb u ry, at Federal e x pense or usin g other available funds, human remains and cultural items described in subsection (a) at the National Forest System land identified under that subsection. (c) A U THO RI Z ATIO N O FUS E.— ( 1 )IN G ENERAL.—Subject to paragraph ( 2 ), the Secretary may authori z e such uses of reburial sites on National Forest System land, or on the National Forest System land imme - diately surrounding a reburial site, as the Secretary determines to be necessary for management of the National Forest System. (2) A V OI D AN C E OF ADVERSE I MP ACTS.—In carrying out para- graph (1), the Secretary shall avoid adverse impacts to cultural items and human remains, to the maximum extent practicable. SEC.8104 . T E MPORA R Y C L OS U RE F OR TRA DI TIO N AL AND CULTURAL PURPOSES. (a) RECOGNITION OF H ISTORIC USE.— T o the maximum extent practicable, the Secretary shall ensure access to National Forest System land by Indians for traditional and cultural purposes, in accordance w ith subsection (b), in recognition of the historic use by Indians of National Forest System land. (b) C LOSING L AND FROM P UBLIC ACCESS.— (1) AUTHORIT Y TO CLOSE.—Upon the approval by the Sec- retary of a re q uest from an Indian tribe, the Secretary may temporarily close from public access specifically identified National Forest System land to protect the privacy of tribal activities for traditional and cultural purposes. (2) LIMITATION.—A closure of National Forest System land under paragraph (1) shall affect the smallest practicable area for the minimum period necessary for activities of the applicable Indian tribe. ( 3 ) CONSISTENCY.—Access by Indian tribes to National Forest System land under this subsection shall be consistent with the purposes of Public Law 95– 3 4 1 (commonly k nown as the American Indian Religious Freedom Act 42 U.S.C. 199 6 ). SEC. 810 5 . FOREST PRODUCTS FOR TRADITIONAL AND CULTURAL PUR - POSES. (a) IN G ENERAL.—Notwithstanding section 14 of the National Forest M anagement Act of 19 7 6 (16 U.S.C. 472a), the Secretary may provide free of charge to Indian tribes any trees, portions of trees, or forest products from National Forest System land for traditional and cultural purposes. (b) PROHIBITION.—Trees, portions of trees, or forest products provided under subsection (a) may not be used for commercial purposes. SEC. 810 6 . PRO H I B ITION ON DISCLOSURE. (a) NONDISCLOSURE OF INFORMATION.— (1) IN GENERAL.—The Secretary shall not disclose under section 552 of title 5, United States Code (commonly known as the ‘ ‘Freedom of Information Act ’ ’), information relating to— (A) subject to subsection (b)(l), human remains or cul- tural items reburied on National Forest System land under section 8 1 0 3; or 25USC30 5 6. 25 USC 3055. 25 USC 305 4.

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