§539m–5 Management of the Area

Summary

Requires the Secretary to meet with the Pueblo at least twice a year to talk about protecting and managing the Area. Meetings must cover proposed or changed uses and any authorizations expected in the next 6 months or approved in the past 6 months. For a proposed new use, the Pueblo gets a chance to agree or deny after the meeting. If the Pueblo denies within 30 days, the Secretary must stop. If the Pueblo agrees in writing or does not answer in 30 days, the Secretary may move forward with public notice, comment, and environmental review. Before a final decision, the Secretary must ask the Pueblo again; a denial within 30 days blocks the use, and no reply in 30 days counts as consent. The public must be told why a change is needed, what role the Pueblo has, and the Pueblo’s position. Anyone may go to the U.S. District Court in New Mexico to challenge whether something is a new or changed use. The Secretary keeps authority to handle emergencies, protect public safety, and issue emergency closures and must tell the Pueblo as soon as possible. Those emergency actions do not need Pueblo consent. For other conflicts over traditional or cultural uses that are not new-use cases, the party noticing the problem must write to the Pueblo Governor or Regional Forester and try to resolve it for at least 30 days before suing. If immediate danger exists, the parties must try to resolve it within 3 days; if they can’t, either side may seek immediate court relief and the 30-day wait does not apply.