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16 U.S.C. § 539m–5 — Management of the Area

submitted 23 years ago by Pub. L. 108-7 to r/title-16-CONSERVATION · 706 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets the process for managing the T'uf Shur Bien Trust Area. The Secretary must consult the Pueblo at least twice a year and get its consent before approving new land uses. The Pueblo can also deny consent twice during the process, and disputes go through set resolution steps or federal court.

(a) Process

  1. In general. The Secretary must consult with the Pueblo at least twice a year (unless they agree otherwise) about protecting, preserving, and managing the Area — including new and modified uses expected in the next six months, and ones approved in the last six months.
  2. New uses.
    (A) Request for consent after consultation. (i) If the Pueblo denies consent to a new use within 30 days after the consultation finishes, the Secretary cannot proceed with it. (ii) If the Pueblo consents in writing, or doesn't respond within 30 days, the Secretary may move forward with notice-and-comment and environmental review.
    (B) Final request for consent. (i) Before signing a final decision on a proposed new use, the Secretary must ask the Pueblo for consent again. (ii) If the Pueblo denies consent within 30 days of getting the proposed decision, the new use cannot be authorized. (iii) If the Pueblo doesn't respond within those 30 days, it's treated as having consented, and the Secretary may issue the final decision.
  3. Public involvement. (A) For any proposed new or modified use, the public must be told the purpose and need for it, the Pueblo's role in the decision, and the Pueblo's position on it. (B) Anyone can sue in the U.S. District Court for the District of New Mexico to challenge whether the Secretary correctly classified something as a "new use" or "modified use."

(b) Emergencies and emergency closure orders

  1. Authority. The Secretary keeps full authority to manage emergencies — to protect public safety and issue emergency closure orders in the Area, following applicable law.
  2. Notice. The Secretary must tell the Pueblo about emergencies, safety issues, and closure orders as soon as practical.
  3. No consent. These emergency actions don't need the Pueblo's consent.

(c) Disputes involving Forest Service management and Pueblo traditional uses

  1. In general. If the Secretary's management of the Area conflicts with a traditional or cultural use — and it's not a "new use" dispute covered by subsection (a)(2) — this dispute-resolution process applies.
  2. Dispute resolution process.
    (A) In general. The party that spots the conflict must notify the other side in writing (to the Pueblo Governor or the Regional Forester, as appropriate), explaining the dispute. The Governor or Regional Forester must then try to resolve it for at least 30 days before either side sues in the U.S. District Court for the District of New Mexico.
    (B) Disputes requiring immediate resolution. If the conflict needs immediate resolution to avoid serious, ongoing, and irreversible harm, the parties must try to resolve it within 3 days. If they can't, either side may sue right away for immediate relief in the same court, skipping the normal 30-day process.
the actual law source: uscode.house.gov ↗public domain
(a) Process
(1) In general

The Secretary shall consult with the Pueblo not less than twice each year, unless otherwise mutually agreed, concerning protection, preservation, and management of the Area (including proposed new uses and modified uses in the Area and authorizations that are anticipated during the next 6 months and were approved in the preceding 6 months).

(2) New uses
(A) Request for consent after consultation
(i) Denial of consent

If the Pueblo denies consent for a new use within 30 days after completion of the consultation process, the Secretary shall not proceed with the new use.

(ii) Granting of consent

If the Pueblo consents to the new use in writing or fails to respond within 30 days after completion of the consultation process, the Secretary may proceed with the notice and comment process and the environmental analysis.

(B) Final request for consent
(i) Request

Before the Secretary (or a designee) signs a record of decision or decision notice for a proposed new use, the Secretary shall again request the consent of the Pueblo.

(ii) Denial of consent

If the Pueblo denies consent for a new use within 30 days after receipt by the Pueblo of the proposed record of decision or decision notice, the new use shall not be authorized.

(iii) Failure to respond

If the Pueblo fails to respond to the consent request within 30 days after receipt of the proposed record of decision or decision notice—

(I)

the Pueblo shall be deemed to have consented to the proposed record of decision or decision notice; and

(II)

the Secretary may proceed to issue the final record of decision or decision notice.

(3) Public involvement
(A) In general

With respect to a proposed new use or modified use, the public shall be provided notice of—

(i)

the purpose and need for the proposed new use or modified use;

(ii)

the role of the Pueblo in the decisionmaking process; and

(iii)

the position of the Pueblo on the proposal.

(B) Court challenge

Any person may bring a civil action in the United States District Court for the District of New Mexico to challenge a determination by the Secretary concerning whether a use constitutes a new use or a modified use.

(b) Emergencies and emergency closure orders
(1) Authority

The Secretary shall retain the authority of the Secretary to manage emergency situations, to—

(A)

provide for public safety; and

(B)

issue emergency closure orders in the Area subject to applicable law.

(2) Notice

The Secretary shall notify the Pueblo regarding emergencies, public safety issues, and emergency closure orders as soon as practicable.

(3) No consent

An action of the Secretary described in paragraph (1) shall not require the consent of the Pueblo.

(c) Disputes involving Forest Service management and Pueblo traditional uses
(1) In general

In a case in which the management of the Area by the Secretary conflicts with a traditional or cultural use, if the conflict does not pertain to a new use subject to the process specified in subsection (a)(2), the process for dispute resolution specified in this subsection shall apply.

(2) Dispute resolution process
(A) In general

In the case of a conflict described in paragraph (1)—

(i)

the party identifying the conflict shall notify the other party in writing addressed to the Governor of the Pueblo or the Regional Forester, as appropriate, specifying the nature of the dispute; and

(ii)

the Governor of the Pueblo or the Regional Forester shall attempt to resolve the dispute for a period of at least 30 days after notice has been provided before bringing a civil action in the United States District Court for the District of New Mexico.

(B) Disputes requiring immediate resolution

In the case of a conflict that requires immediate resolution to avoid imminent, substantial, and irreparable harm—

(i)

the party identifying the conflict shall notify the other party and seek to resolve the dispute within 3 days of the date of notification; and

(ii)

if the parties are unable to resolve the dispute within 3 days—

(I)

either party may bring a civil action for immediate relief in the United States District Court for the District of New Mexico; and

(II)

the procedural requirements specified in subparagraph (A) shall not apply.

Source credit: (Pub. L. 108–7, div. F, title IV, § 407, Feb. 20, 2003, 117 Stat. 284.)

history & why it existsrecord from the source credit
  • 2003Enacted · Pub. L. 108-7 · 117 Stat. 284

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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