§539m–3 Pueblo rights and interests in the Area

Summary

Gives the Pueblo several specific rights and interests in the Area. They must have free and unrestricted access for traditional or cultural uses, so long as those uses do not conflict with the Wilderness Act as it was on February 20, 2003, or with the federal wildlife protection laws in section 539m–4(a)(2). The Area’s national forest and wilderness character must be kept permanently under sections 539m to 539m–12. The Pueblo has management rights in section 539m–5, including the right to consent or withhold consent to new uses, to be consulted about changed uses and about management and preservation, and to use dispute resolution. The Pueblo alone, under its customs and laws, controls access for its members and for other federally recognized tribes. Other rights are listed in related sections. Except for the Pueblo’s exclusive control over traditional access, the Secretary continues to manage other uses. If Congress, after February 20, 2003, reduces protections by allowing a use that section 539m–2(e) prohibits or denies Pueblo access, the United States must pay the Pueblo as if the Pueblo owned the land in fee and as if the United States had taken it by eminent domain, ignoring the limits in sections 539m–2(e) and 539m–4(a) when figuring payment. Any payment does not change claim extinguishment under section 539m–8.