16 U.S. Code § 539m–3 - Pueblo rights and interests in the Area
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(a) In general
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
(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—
(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.
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) Compensable interest
(1) In general
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
 So in original. Probably should be paragraph “(1)”.
Source(Pub. L. 108–7, div. F, title IV, § 405,Feb. 20, 2003, 117 Stat. 283.)
References in Text
The Wilderness Act, referred to in subsec. (a)(1)(A), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, as amended, 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.
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