1. Upon request by any state agency or political subdivision, the Office may enter into an agreement with that state agency or political subdivision regarding any land which the state agency or political subdivision intends to acquire from an agency of the Federal Government. The agency of the Federal Government may be a party to the agreement. If the land includes any prehistoric native Indian human remains or funerary objects, the Indian tribe which has the closest cultural affiliation to the prehistoric native Indian human remains or funerary objects may request that the Office enter into such an agreement. 2. An agreement made pursuant to subsection 1 must: (a) If the agreement involves land that includes any prehistoric native Indian human remains or funerary objects, include the Indian tribe which has the closest cultural affiliation to the prehistoric native Indian human remains or funerary objects, if any, as a party to the agreement; (b) Include provisions that are sufficient to ensure that the land, when acquired, will receive protection for any historic or prehistoric site at a level equivalent to the protection provided if the land had remained under federal ownership; (c) Require the state agency or political subdivision to submit a proposal and consult with the Office before changing the use of the land or initiating a project on any portion of the land; and (d) Require that any expenses associated with carrying out the agreement are the responsibility of the state agency or political subdivision. 3. If a state agency or political subdivision submits a proposal to change the use of the land or initiate a project on any portion of the land pursuant to paragraph (c) of subsection 2, the state agency or political subdivision shall: (a) Provide to the Office a written statement: (1) Identifying any Indian tribes that may be concerned with the religious or cultural importance of the site and other interested persons for inclusion in the consultation required pursuant to paragraph (c) of subsection 2; (2) Identifying any historic or prehistoric sites in accordance with the requirements of the Office for recording and reporting for those sites; (3) Evaluating any historic or prehistoric sites for inclusion in the State Register of Historic Places, including any text excavations or other research; (4) Evaluating the effect of the change in use of the land or the project on a historic or prehistoric site that is eligible for inclusion in the State Register of Historic Places; and (5) Evidencing the preparation and carrying out of treatment plans that comply with the requirements of the Office for those plans; and (b) Any other information relating to the proposed change of use required by the Office. 4. The Office shall determine which Indian tribe has the closest cultural affiliation to the prehistoric native Indian human remains or funerary objects.
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