[Federal Register Volume 61, Number 104 (Wednesday, May 29, 1996)]
[Presidential Documents]
[Pages 26771-26772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13597]
Presidential Documents
Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 /
Presidential Documents
[[Page 26771]]
Executive Order 13007 of May 24, 1996
Indian Sacred Sites
By the authority vested in me as President by the
Constitution and the laws of the United States, in
furtherance of Federal treaties, and in order to
protect and preserve Indian religious practices, it is
hereby ordered:
Section 1. Accommodation of Sacred Sites. (a) In
managing Federal lands, each executive branch agency
with statutory or administrative responsibility for the
management of Federal lands shall, to the extent
practicable, permitted by law, and not clearly
inconsistent with essential agency functions, (1)
accommodate access to and ceremonial use of Indian
sacred sites by Indian religious practitioners and (2)
avoid adversely affecting the physical integrity of
such sacred sites. Where appropriate, agencies shall
maintain the confidentiality of sacred sites.
(b) For purposes of this order:
(i) ``Federal lands'' means any land or interests
in land owned by the United States, including leasehold
interests held by the United States, except Indian
trust lands;
(ii) ``Indian tribe'' means an Indian or Alaska
Native tribe, band, nation, pueblo, village, or
community that the Secretary of the Interior
acknowledges to exist as an Indian tribe pursuant to
Public Law No. 103-454, 108 Stat. 4791, and ``Indian''
refers to a member of such an Indian tribe; and
(iii) ``Sacred site'' means any specific,
discrete, narrowly delineated location on Federal land
that is identified by an Indian tribe, or Indian
individual determined to be an appropriately
authoritative representative of an Indian religion, as
sacred by virtue of its established religious
significance to, or ceremonial use by, an Indian
religion; provided that the tribe or appropriately
authoritative representative of an Indian religion has
informed the agency of the existence of such a site.
Sec. 2. Procedures. (a) Each executive branch agency
with statutory or administrative responsibility for the
management of Federal lands shall, as appropriate,
promptly implement procedures for the purposes of
carrying out the provisions of section 1 of this order,
including, where practicable and appropriate,
procedures to ensure reasonable notice is provided of
proposed actions or land management policies that may
restrict future access to or ceremonial use of, or
adversely affect the physical integrity of, sacred
sites. In all actions pursuant to this section,
agencies shall comply with the Executive memorandum of
April 29, 1994, ``Government-to-Government Relations
with Native American Tribal Governments.''
(b) Within 1 year of the effective date of this
order, the head of each executive branch agency with
statutory or administrative responsibility for the
management of Federal lands shall report to the
President, through the Assistant to the President for
Domestic Policy, on the implementation of this order.
Such reports shall address, among other things, (i) any
changes necessary to accommodate access to and
ceremonial use of Indian sacred sites; (ii) any changes
necessary to avoid adversely affecting the physical
integrity of Indian sacred sites; and (iii) procedures
implemented or proposed to facilitate consultation with
appropriate Indian tribes and religious leaders and the
expeditious resolution of disputes relating to agency
action on Federal lands that may adversely affect
access to, ceremonial use of, or the physical integrity
of sacred sites.
[[Page 26772]]
Sec. 3. Nothing in this order shall be construed to
require a taking of vested property interests. Nor
shall this order be construed to impair enforceable
rights to use of Federal lands that have been granted
to third parties through final agency action. For
purposes of this order, ``agency action'' has the same
meaning as in the Administrative Procedure Act (5
U.S.C. 551(13)).
Sec. 4. This order is intended only to improve the
internal management of the executive branch and is not
intended to, nor does it, create any right, benefit, or
trust responsibility, substantive or procedural,
enforceable at law or equity by any party against the
United States, its agencies, officers, or any person.
(Presidential Sig.)
THE WHITE HOUSE,
May 24, 1996.
[FR Doc. 96-13597
Filed 5-27-96; 8:45 am]
Billing code 3195-01-P
