((a))
((1)) ** .—** Subject to the availability of appropriations and for the purpose of mitigating the impacts of Coast Guard actions including expansion of bases, including direct or indirect impacts, to natural resources and cultural resources, the Commandant may provide Federal financial assistance, except for loans or loan guarantees, or make grants to an eligible entity.
((2)) ** .—** Financial assistance or grants made under paragraph (1) may be used to—
((A)) limit any development or use of such natural resources and cultural resources as a result of such Coast Guard actions described in paragraph (1);
((B)) maintain and maintain access to, such natural resources and cultural resources, including—
((i)) Tribal treaty fisheries and shellfish harvest, and usual and accustomed fishing areas; and
((ii)) subsistence fisheries, or any other fishery or shellfish harvest, of an Indian Tribe;
((C)) provide a means to replace, repair, or restore such natural resources and cultural resources of an Indian Tribe or Native Hawaiian organization if such property is damaged by Coast Guard actions described in paragraph (1), in consultation with the affected Indian Tribe or Native Hawaiian organization; and
((D)) maintain and improve natural resources located outside a Coast Guard installation, if the purpose of the agreement is to relieve or eliminate current or anticipated challenges that could restrict, impede, or otherwise interfere with, directly or indirectly, current or anticipated Coast Guard actions described in paragraph (1).
((3)) ** .—** Financial assistance or grants made under paragraph (1) may not be used for the purpose of the Coast Guard receiving any funds.
((b))
((1)) ** .—** The Commandant shall notify the Committee on Commerce, Science, and Transportation or the Committee on Homeland Security and Governmental Affairs of the Senate (and the Committee on Indian Affairs of the Senate in the case of an eligible entity that is an Indian Tribe, Tribal organization or Native Hawaiian organization) and the Committee on Transportation and Infrastructure of the House of Representatives in writing not later than the date that is 3 full business days prior to any day on which the Commandant intends to enter into such an agreement or contract, or make a grant under subsection (a), and include in such notification the anticipated costs of carrying out the agreement, to the extent practicable.
((2)) ** .—** A copy of such financial assistance or grant made under subsection (a) shall be provided to the Committee on Commerce, Science, and Transportation or the Committee on Homeland Security and Governmental Affairs of the Senate or the Committee on Transportation and Infrastructure of the House of Representatives not later than 5 full business days after the date on which such request is submitted to the Commandant.
((c)) ** .—** Nothing in this section may be construed to undermine the rights of any Indian Tribe to seek full and meaningful government-to-government consultation under this section or under any other law.
((d)) ** .—** In this section:
((1)) ** .—** The term “cultural resource” means any of the following:
((A)) A building, structure, site, district, or object eligible for or included in the National Register of Historic Places maintained under .
((B)) Cultural items, as such term is defined in section 2(3) of the Native American Graves Protection and Repatriation Act ().
((C)) An archaeological resource, as such term is defined in section 3(1) of the Archaeological Resources Protection Act of 1979 ()).
((D)) An archaeological artifact collection and associated records covered by part 79 of title 36, Code of Federal Regulations.
((E)) A sacred site, as such term is defined in section 1(b) of Executive Order No. 13007 ( note; relating to Indian sacred sites).
((F)) Treaty or trust resources of an Indian Tribe, including the habitat associated with such resources.
((G)) Subsistence resources of an Indian Tribe or Native Hawaiian organization including the habitat associated with such resources.
((2)) ** .—** The term “eligible entity” means the following:
((A)) A State, or a political subdivision of a State.
((B)) A local government.
((C)) An Indian Tribe.
((D)) Native Hawaiian organization.
((E)) A Tribal organization.
((3)) ** .—** The term “Indian Tribe” has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ().
((4)) ** .—** The term “Native Hawaiian organization” has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 () except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs.
((5)) ** .—** The term “natural resource” means land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the waters of the United States), any State or local government, any Indian Tribe, any member of an Indian Tribe, or Native Hawaiian organization, if such resources are subject to a trust restriction on alienation and have been categorized into 1 of the following groups:
((A)) Surface water resources.
((B)) Ground water resources.
((C)) Air resources.
((D)) Geologic resources.
((E)) Biological resources.
((6)) ** .—** The term “State” includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.
((7)) ** .—** The term “Tribal organization” has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act ().
