16 U.S. Code § 539m–5 - Management of the Area
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(1) In general
The Secretary shall consult with the Pueblo not less than twice each year, unless otherwise mutually agreed, concerning protection, preservation, and management of the Area (including proposed new uses and modified uses in the Area and authorizations that are anticipated during the next 6 months and were approved in the preceding 6 months).
(2) New uses
(A) Request for consent after consultation
(i) Denial of consent If the Pueblo denies consent for a new use within 30 days after completion of the consultation process, the Secretary shall not proceed with the new use.
(B) Final request for consent
(i) Request Before the Secretary (or a designee) signs a record of decision or decision notice for a proposed new use, the Secretary shall again request the consent of the Pueblo.
(ii) Denial of consent If the Pueblo denies consent for a new use within 30 days after receipt by the Pueblo of the proposed record of decision or decision notice, the new use shall not be authorized.
(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
(3) Public involvement
(A) In general
With respect to a proposed new use or modified use, the public shall be provided notice of—
(b) Emergencies and emergency closure orders
The Secretary shall retain the authority of the Secretary to manage emergency situations, to—
The Secretary shall notify the Pueblo regarding emergencies, public safety issues, and emergency closure orders as soon as practicable.
(c) Disputes involving Forest Service management and Pueblo traditional uses
(1) In general
In a case in which the management of the Area by the Secretary conflicts with a traditional or cultural use, if the conflict does not pertain to a new use subject to the process specified in subsection (a)(2), the process for dispute resolution specified in this subsection shall apply.
(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
(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
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