Title 16, ConservationRelease 119-73not60

§539m–3 Pueblo Rights and Interests in the Area

Title 16 › Chapter 2— NATIONAL FORESTS › Subchapter I— ESTABLISHMENT AND ADMINISTRATION › § 539m–3

Last updated Apr 5, 2026|Official source

Summary

The Pueblo has specific rights and interests in the Area. They can enter and use the Area for traditional and cultural activities, unless those activities conflict with the Wilderness Act as it was on February 20, 2003, or with federal wildlife protection laws. The Area’s national forest and wilderness character must be kept forever under the named sections. The Pueblo gets a say in how the Area is managed: they can agree to or refuse new uses, must be consulted about changes or management, and have dispute resolution rights. The Pueblo alone, following its customs and laws, controls who from the Pueblo and other federally recognized tribes may access the Area for traditional or cultural uses. Other related rights are listed in the cited sections. For uses not covered above, the Secretary still manages access and use. If Congress later passes a law after February 20, 2003 that removes the forest or wilderness protection or blocks Pueblo access in any part, the United States must pay the Pueblo as if the Pueblo owned the affected land and as if the government had taken it by eminent domain. When calculating that payment, certain earlier protection limits are ignored. Any payment does not change claim extinguishment under section 539m–8.

Full Legal Text

Title 16, §539m–3

Conservation, Source: USLM XML via OLRC

(a)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 section 539m–2, 539m–5, 539m–6, and 539m–7 of this title.
(b)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)(1)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 section 539m–2(e) and 539m–4(a) of this title shall be disregarded in determining just compensation owed to the Pueblo.
(2)Any compensation made to the Pueblo under paragraph (c) 11 So in original. Probably should be paragraph “(1)”. shall not affect the extinguishment of claims under section 539m–8 of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Wilderness Act, referred to in subsec. (a)(1)(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. Sections 539m to 539m–12 of this title, referred to in subsec. (a)(2), was in the original “this title”, meaning title IV of div. F of Pub. L. 108–7, Feb. 20, 2003, 117 Stat. 279, which is classified generally to sections 539m to 539m–12 of this title. For complete classification of title IV to the Code, see

Short Title

note set out under section 539m of this title and Tables.

Reference

Citations & Metadata

Citation

16 U.S.C. § 539m–3

Title 16, Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60