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LegalText 16 U.S.C. § 539m3 Pueblo rights and interests in the Area us united_states_code code_section 16 CONSERVATION 2 NATIONAL FORESTS 539m3 16 U.S.C. § 539m3 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip /us/usc/t16/s539m3 data/legal/raw/us/code/title-16/usc16.xml e08997ed1b0c18281f00b21766a6a5c2d1efe8e78d89382c6ba4ceac50c9555c 7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503 600ec28c3772f88f024644df304351c7cea4069b0a2fdf973edf93dc7d975a02 2026-07-04 official
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16 U.S.C. § 539m3 - Pueblo rights and interests in the Area

Text

(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

(B) applicable Federal wildlife protection laws as provided in section 539m4(a)(2) of this title.

(2) Perpetual preservation of the national forest and wilderness character of the Area under sections 539m to 539m12 of this title.

(3) Rights in the management of the Area as specified in section 539m5 of this title, including—

(A) the right to consent or withhold consent to a new use;

(B) the right to consultation regarding a modified use;

(C) the right to consultation regarding the management and preservation of the Area; and

(D) the right to dispute resolution procedures.

(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.

(5) Such other rights and interests as are recognized in subsection (c) and sections 539m2, 539m5, 539m6, and 539m7 of this title.

(b) Access 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 539m2(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

(B) the restrictions of sections 539m2(e) and 539m4(a) of this title shall be disregarded in determining just compensation owed to the Pueblo.

(2) Effect Any compensation made to the Pueblo under paragraph (c) 11 So in original. Probably should be paragraph “(1)”. shall not affect the extinguishment of claims under section 539m8 of this title.

(Pub. L. 1087, div. F, title IV, § 405, Feb. 20, 2003, 117 Stat. 283.)

Notes

Editorial Notes

References in TextThe Wilderness Act, referred to in subsec. (a)(1)(A), is Pub. L. 88577, Sept. 3, 1964, 78 Stat. 890, 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 539m12 of this title, referred to in subsec. (a)(2), was in the original “this title”, meaning title IV of div. F of Pub. L. 1087, Feb. 20, 2003, 117 Stat. 279, which is classified generally to sections 539m to 539m12 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.