16 U.S.C. § 460uu–47: Access

Summary

The Secretary must allow Indian people shared (nonexclusive) access to the monument and the conservation area for traditional cultural and religious uses, including harvesting pine nuts. That access must follow the purpose of the American Indian Religious Freedom Act of August 11, 1978 and, for wilderness areas, the Wilderness Act. When making plans for the lands, the Secretary must ask the Governor of the Pueblo of Acoma and other tribal leaders for ideas on how to assure access, protect privacy during traditional activities, and protect cultural and religious sites. If a tribe asks, the Secretary may temporarily close small parts of the land to the public to protect privacy. Any closure must cover the smallest area and last the shortest time needed, and the Secretary must notify the Senate Energy and Natural Resources Committee and the House Natural Resources Committee in writing within seven days after the closure starts. The Secretary may also create an advisory committee that includes representatives of the Pueblo of Acoma, the Pueblo of Zuni, other tribes, and other interested people.

Title 16, §460uu–47

Conservation, Source: USLM XML via OLRC

(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)

(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.

(c)Temporary closure to public of lands for protection of religious activities

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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The American Indian Religious Freedom Act, referred to in subsecs. (a) and (c), is Pub. L. 95–341, Aug. 11, 1978, 92 Stat. 469, which is classified to section 1996 and 1996a of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 1996 of Title 42 and Tables. The Wilderness Act, referred to in subsec. (a), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1131 of this title and Tables.

Amendments

1994—Subsec. (c). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “Committee of the House”.

Statutory Notes and Related Subsidiaries

Termination of Advisory CommitteesAdvisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.

§460uu–47 Access

Summary

Title 16, §460uu–47

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Amendments

Statutory Notes and Related Subsidiaries

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