Laws: Cases and Codes : U.S. Code : Title 42 : Section 1996
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U.S. Code as of:
01/19/04
Section 1996 - Notes
SOURCE
(Pub. L. 95-341, Sec. 1, Aug. 11, 1978, 92 Stat. 469.)
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103-344, Sec. 1, Oct. 6, 1994, 108 Stat. 3125, provided
that: "This Act [enacting section 1996a of this title] may be cited
as the 'American Indian Religious Freedom Act Amendments of 1994'."
EX. ORD. NO. 13007. INDIAN SACRED SITES
Ex. Ord. No. 13007, May 24, 1996, 61 F.R. 26771, provided:
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 [see 25 U.S.C. 479a,
479a-1], 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" [25 U.S.C. 450 note].
(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.
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.
William J. Clinton.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1996a, 11701 of this
title; title 16 sections 410aaa-75, 460uu-47, 460jjj-1, 470ii,
543f, 698v-6; title 20 sections 4424, 7512.
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