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16 U.S.C. § 539m–3Pueblo rights and interests in the Area

submitted 23 years ago by Pub. L. 108-7 to r/title-16-CONSERVATION · 403 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law spells out the Pueblo of Sandia's rights in the Trust Area. The Pueblo gets free access for traditional and cultural uses, a say in new and modified land uses, and control over tribal access for such uses. If Congress later takes away these rights, it must pay the Pueblo fair compensation.

(a) In general The Pueblo has these rights and interests in the Area: 1. Free, unrestricted access for traditional or cultural uses, as long as those uses don't conflict with (A) the Wilderness Act as it stood on February 20, 2003, or (B) applicable federal wildlife protection laws under section 539m–4(a)(2). 2. Permanent preservation of the Area's national forest and wilderness character under sections 539m to 539m–12. 3. Rights in managing the Area, as section 539m–5 sets out, including (A) the right to consent to — or refuse — a new use, (B) the right to be consulted about a modified use, (C) the right to be consulted about managing and preserving the Area, and (D) the right to dispute-resolution procedures. 4. The exclusive authority, following Pueblo custom and law, to control access to the Area for traditional or cultural uses by Pueblo members and members of other federally-recognized tribes. 5. Any other rights recognized in subsection (c) and in sections 539m–2, 539m–5, 539m–6, and 539m–7 of this title. (b) Access Except for subsection (a)(4), the Secretary keeps managing access to and use of the Area for all other purposes. (c) Compensable interest 1. In general. If a law passed after February 20, 2003, reduces the Area's national forest or wilderness status by allowing a use section 539m–2(e) bans, or denies the Pueblo access for any traditional or cultural use, then (A) the United States must pay the Pueblo as if the Pueblo owned that part of the Area outright and the United States had taken it by eminent domain, and (B) the restrictions in sections 539m–2(e) and 539m–4(a) don't count when figuring out how much compensation is fair. 2. Effect. Compensation paid to the Pueblo under this subsection does not affect the claims extinguished under section 539m–8 of this title.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Pueblo shall have the following rights and interests in the Area:

(1)

Free and unrestricted access to the Area for traditional or cultural uses, to the extent that those uses are not inconsistent with—

(A)

the Wilderness Act (16 U.S.C. 1131 et seq.) (including regulations promulgated under that Act) as in effect on February 20, 2003; or

(B)

applicable Federal wildlife protection laws as provided in section 539m–4(a)(2) of this title.

(2)

Perpetual preservation of the national forest and wilderness character of the Area under sections 539m to 539m–12 of this title.

(3)

Rights in the management of the Area as specified in section 539m–5 of this title, including—

(A)

the right to consent or withhold consent to a new use;

(B)

the right to consultation regarding a modified use;

(C)

the right to consultation regarding the management and preservation of the Area; and

(D)

the right to dispute resolution procedures.

(4)

Exclusive authority, in accordance with the customs and laws of the Pueblo, to administer access to the Area for traditional or cultural uses by members of the Pueblo and of other federally-recognized Indian tribes.

(5)

Such other rights and interests as are recognized in subsection (c) and sections 539m–2, 539m–5, 539m–6, and 539m–7 of this title.

(b) Access

Except as provided in subsection (a)(4), access to and use of the Area for all other purposes shall continue to be administered by the Secretary.

(c) Compensable interest
(1) In general

If, by an Act of Congress enacted after February 20, 2003, Congress diminishes the national forest or wilderness designation of the Area by authorizing a use prohibited by section 539m–2(e) of this title in all or any portion of the Area, or denies the Pueblo access for any traditional or cultural use in all or any portion of the Area—

(A)

the United States shall compensate the Pueblo as if the Pueblo held a fee title interest in the affected portion of the Area and as though the United States had acquired such an interest by legislative exercise of the power of eminent domain; and

(B)

the restrictions of sections 539m–2(e) and 539m–4(a) of this title shall be disregarded in determining just compensation owed to the Pueblo.

(2) Effect

Any compensation made to the Pueblo under paragraph (c) 1 shall not affect the extinguishment of claims under section 539m–8 of this title.

Source credit: (Pub. L. 108–7, div. F, title IV, § 405, Feb. 20, 2003, 117 Stat. 283.)

history & why it existsrecord from the source credit
  • 2003Enacted · Pub. L. 108-7 · 117 Stat. 283

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-7 on 2003-02-20.

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