§539m–5 Management of the Area

Summary

The Secretary must meet with the Pueblo at least twice a year to talk about protecting, preserving, and running the Area. These talks must cover new or changed uses planned for the Area and uses approved in the past 6 months or expected in the next 6 months. If the Pueblo says no to a new use within 30 days after the consultation ends, the Secretary cannot go forward. If the Pueblo agrees in writing or does not answer within 30 days, the Secretary can start public notice, comment, and environmental review. Before signing a final decision or notice, the Secretary must ask the Pueblo again. If the Pueblo says no within 30 days after getting the proposed final decision, the new use cannot be approved. If the Pueblo does not reply within 30 days after getting the proposed final decision, that silence counts as consent and the Secretary may issue the final decision. The public must be told the purpose and need for the proposal, the Pueblo’s role, and the Pueblo’s position. Any person may sue in the United States District Court for the District of New Mexico to challenge whether a use is new or changed. The Secretary still has power to act in emergencies to protect public safety and to issue emergency closures, and must notify the Pueblo as soon as practical. Those emergency actions do not require Pueblo consent. For conflicts between management and traditional or cultural uses that are not about a new-use decision, the party with the concern must notify the other party in writing to the Pueblo Governor or the Regional Forester. They must try to solve the dispute for at least 30 days before filing a civil suit in the United States District Court for the District of New Mexico. If the conflict needs immediate action to avoid imminent, substantial, and irreparable harm, the parties must try to resolve it within 3 days; if they cannot, either party may go to that court right away and the 30-day waiting rule does not apply.