112 STAT. 2228 PUBLIC LAW 105-261—OCT. 17, 1998 (b) MODIFICATION.— The parties may, in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), mutually agree to modify the mitigation measures specified in the agreement in light of experience gained through the actions called for in the agreement or as a result of changed military circumstances. (c) CONSTRUCTION. —Neither the agreement, any modification thereof, nor this section creates any right, benefit, or trust responsibility, substantive or procedural, er^orceable at law or equity by a party against the United States, its agencies, its officers, or any person. SEC. 2905. RIGHT-OF-WAY GRANTS. In addition to the withdrawal under section 2902 and in accordance with all applicable laws, the Secretary of the Interior shall process and grant the Secretary of the Air Force rights-of-way using the Department of the Interior regulations and policies in effect at the time of filing applications for the one-quarter acre electronic warfare threat emitter sites, roads, powerlines, and other ancillary facilities as described and analyzed in the Enhanced Training in Idaho Final Environmental Impact Statement, dated January 1998. SEC. 2906. INDIAN SACRED SITES. (a) MANAGEMENT.—(1) In the management of the Federal lands withdrawn and reserved by this title, the Air Force shall, to the extent practicable and not clearly inconsistent with essential agency functions— (A) accommodate access to and ceremonial use of Indian sacred sites by Indian religious practitioners; and (B) avoid adversely affecting the integrity of such sacred sites. (2) The Secretary of the Air Force shall maintain the confidentiality of such sites where appropriate. (b) CONSULTATION.— Vne commander of Mountain Home Air Force Base, Idaho, shall regularly consult with the Tribal Chairman of the Shoshone-Paiute Tribes of the Duck Valley Reservation to assure that tribal government rights and concerns are fully considered during the development of the Juniper Butte Range. (c) DEFINITIONS. — In this section: (1) The term "sacred site" shall mean any specific, discrete, narrowly delineated location on Federal land that is identified by an Indian tribe, or Indian individual determined to be an appropriately authoritative representative of an Indian religion, as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion but only to the extent that the tribe or appropriately authoritative representative of an Indian religion has informed the Air Force of the existence of such a site. (2) The term "Indian tribe" means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-l). (3) The term "Indian" refers to a member of an Indian tribe.
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