16 U.S.C. § 460uu–47 — Access

submitted 39 years ago by Pub. L. 100-225 to r/title-16-CONSERVATION · 415 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must let Indian people keep nonexclusive access to the monument and conservation area for traditional cultural and religious activities, including gathering pine nuts. The Secretary can temporarily close small areas to the public to protect the privacy of religious activities, and may set up an advisory committee on these issues.

(a) Because Indian people have traditionally used parts of the monument and conservation area for cultural and religious purposes, the Secretary must guarantee them nonexclusive access for those purposes, including harvesting pine nuts. This access must follow the American Indian Religious Freedom Act of 1978 and, in wilderness areas, the Wilderness Act. (b) While preparing the management plans required by section 460uu–41, the Secretary must ask the Governor of the Pueblo of Acoma and leaders of other relevant Indian tribes for recommendations on: (1) how to ensure the access described in subsection (a); (2) how to make traditional cultural and religious activities more private; and (3) how to protect traditional cultural and religious sites. (c) To carry this out, and to support the American Indian Religious Freedom Act, the Secretary — if an Indian tribe asks — may temporarily close specific parts of the monument or conservation area to the general public, to protect the privacy of religious activities. Any closure must affect the smallest area possible for the shortest time necessary. Within seven days of starting a closure, the Secretary must notify the Senate Energy and Natural Resources Committee and the House Natural Resources Committee in writing. (d) The Secretary may create an advisory committee to help carry out this section. Any such committee must include representatives from the Pueblo of Acoma, the Pueblo of Zuni, other relevant Indian tribes, and other interested people or groups.

the actual law source: uscode.house.gov ↗public domain

(a) Nonexclusive access by Indians for cultural and religious purposes

In recognition of the past use of portions of the monument and the conservation area by Indian people for traditional cultural and religious purposes, the Secretary shall assure nonexclusive access to the monument and the conservation area by Indian people for traditional cultural and religious purposes, including the harvesting of pine nuts. Such access shall be consistent with the purpose and intent of the American Indian Religious Freedom Act of August 11, 1978 (42 U.S.C. 1996 [, 1996a]), and (with respect to areas designated as wilderness) the Wilderness Act (78 Stat. 890) [16 U.S.C. 1131 et seq.].

(b) Recommendations from Indian leaders regarding access and protection of cultural and religious sites

In preparing the plans for the monument and the conservation area pursuant to section 460uu–41 of this title, the Secretary shall request that the Governor of the Pueblo of Acoma and the chief executive officers of other appropriate Indian tribes make recommendations on methods of—

(1)

assuring access pursuant to subsection (a) of this section;

(2)

enhancing the privacy of traditional cultural and religious activities in the monument and the conservation area; and

(3)

protecting traditional cultural and religious sites in the monument and the conservation area.

In order to implement this section and in furtherance of the American Indian Religious Freedom Act [42 U.S.C. 1996, 1996a], the Secretary, upon the request of an appropriate Indian tribe, may from time to time temporarily close to general public use one or more specific portions of the monument or the conservation area in order to protect the privacy of religious activities in such areas by Indian people. Any such closure shall be made so as to affect the smallest practicable area for the minimum period necessary for such purposes. Not later than seven days after the initiation of any such closure, the Secretary shall provide written notification of such action to the Energy and Natural Resources Committee of the United States Senate and the Natural Resources Committee of the House of Representatives.

(d) Advisory committee; membership

The Secretary is authorized to establish an advisory committee to advise the Secretary concerning the implementation of this section. Any such advisory committee shall include representatives of the Pueblo of Acoma, the Pueblo of Zuni, other appropriate Indian tribes and other persons or groups interested in the implementation of this section.

Source credit: (Pub. L. 100–225, title V, § 507, Dec. 31, 1987, 101 Stat. 1548; Pub. L. 103–437, § 6(d)(19), Nov. 2, 1994, 108 Stat. 4584.)

history & why it existsrecord from the source credit

1987Enacted · Pub. L. 100-225 · 101 Stat. 1548
1994Amended · Pub. L. 103-437 · 108 Stat. 4584

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-225 on 1987-12-31.

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