16 USC 539m-5 - Management of the Area

U.S Code last checked for updates: May 03, 2024

§ 539m–5.

Management of the Area

(a)

Process

(1)

In general

(2)

New uses

(A)

Request for consent after consultation

(i)

Denial of consent

(ii)

Granting of consent

(B)

Final request for consent

(i)

Request

(ii)

Denial of consent

(iii)

Failure to respond

If the Pueblo fails to respond to the consent request within 30 days after receipt of the proposed record of decision or decision notice—

(I)

the Pueblo shall be deemed to have consented to the proposed record of decision or decision notice; and

(II)

the Secretary may proceed to issue the final record of decision or decision notice.

(3)

Public involvement

(A)

In general

With respect to a proposed new use or modified use, the public shall be provided notice of—

(i)

the purpose and need for the proposed new use or modified use;

(ii)

the role of the Pueblo in the decisionmaking process; and

(iii)

the position of the Pueblo on the proposal.

(B)

Court challenge

(b)

Emergencies and emergency closure orders

(1)

Authority

The Secretary shall retain the authority of the Secretary to manage emergency situations, to—

(A)

provide for public safety; and

(B)

issue emergency closure orders in the Area subject to applicable law.

(2)

Notice

(3)

No consent

(c)

Disputes involving Forest Service management and Pueblo traditional uses

(1)

In general

(2)

Dispute resolution process

(A)

In general

In the case of a conflict described in paragraph (1)—

(i)

the party identifying the conflict shall notify the other party in writing addressed to the Governor of the Pueblo or the Regional Forester, as appropriate, specifying the nature of the dispute; and

(ii)

the Governor of the Pueblo or the Regional Forester shall attempt to resolve the dispute for a period of at least 30 days after notice has been provided before bringing a civil action in the United States District Court for the District of New Mexico.

(B)

Disputes requiring immediate resolution

In the case of a conflict that requires immediate resolution to avoid imminent, substantial, and irreparable harm—

(i)

the party identifying the conflict shall notify the other party and seek to resolve the dispute within 3 days of the date of notification; and

(ii)

if the parties are unable to resolve the dispute within 3 days—

(I)

either party may bring a civil action for immediate relief in the United States District Court for the District of New Mexico; and

(II)

the procedural requirements specified in subparagraph (A) shall not apply.

(Pub. L. 108–7, div. F, title IV, § 407, Feb. 20, 2003, 117 Stat. 284.)

cite as: 16 USC 539m-5