§539m–5 Management of the Area

Summary

The Secretary must meet with the Pueblo at least twice a year, unless both agree otherwise, to talk about protecting, preserving, and managing the Area, including any proposed new or changed uses and authorizations planned or recently approved within the last 6 months. If the Pueblo says no to a proposed 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 continue required public notice, comment, and environmental review. Before signing a final decision, the Secretary must ask the Pueblo again. If the Pueblo objects within 30 days after getting the proposed final decision, the new use is blocked; if the Pueblo does not answer in 30 days, it is treated as agreement and the Secretary may finalize the decision. The public must be told the purpose of the proposal, how the Pueblo is involved, and the Pueblo’s position. Anyone may sue in the United States District Court for the District of New Mexico over whether a use is new or changed. The Secretary still has authority to act in emergencies to protect public safety and to issue emergency closures, and must tell the Pueblo as soon as possible; those emergency actions do not need Pueblo consent. For other conflicts between management and Pueblo traditional or cultural uses that are not covered by the new-use process, the party claiming a conflict must give written notice to the Pueblo Governor or the Regional Forester and the parties must try to resolve it for at least 30 days before going to court. If the conflict risks imminent, substantial, and irreparable harm, the parties must try to resolve it within 3 days, and if they cannot either may seek immediate relief in the United States District Court for the District of New Mexico.