
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC460uu-47]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
   SUBCHAPTER CVI--EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
 
                       Part E--General Provisions
 
Sec. 460uu-47. Access


(a) Nonexclusive access by Indians for cultural and religious purposes

    In recognition of the past use of portions of the monument and the 
conservation area by Indian people for traditional cultural and 
religious purposes, the Secretary shall assure nonexclusive access to 
the monument and the conservation area by Indian people for traditional 
cultural and religious purposes, including the harvesting of pine nuts. 
Such access shall be consistent with the purpose and intent of the 
American Indian Religious Freedom Act of August 11, 1978 (42 U.S.C. 1996 
[, 1996a]), and (with respect to areas designated as wilderness) the 
Wilderness Act (78 Stat. 890) [16 U.S.C. 1131 et seq.].

(b) Recommendations from Indian leaders regarding access and protection 
        of cultural and religious sites

    In preparing the plans for the monument and the conservation area 
pursuant to section 460uu-41 of this title, the Secretary shall request 
that the Governor of the Pueblo of Acoma and the chief executive 
officers of other appropriate Indian tribes make recommendations on 
methods of--
        (1) assuring access pursuant to subsection (a) of this section;
        (2) enhancing the privacy of traditional cultural and religious 
    activities in the monument and the conservation area; and
        (3) protecting traditional cultural and religious sites in the 
    monument and the conservation area.

(c) Temporary closure to public of lands for protection of religious 
        activities

    In order to implement this section and in furtherance of the 
American Indian Religious Freedom Act [42 U.S.C. 1996, 1996a], the 
Secretary, upon the request of an appropriate Indian tribe, may from 
time to time temporarily close to general public use one or more 
specific portions of the monument or the conservation area in order to 
protect the privacy of religious activities in such areas by Indian 
people. Any such closure shall be made so as to affect the smallest 
practicable area for the minimum period necessary for such purposes. Not 
later than seven days after the initiation of any such closure, the 
Secretary shall provide written notification of such action to the 
Energy and Natural Resources Committee of the United States Senate and 
the Natural Resources Committee of the House of Representatives.

(d) Advisory committee; membership

    The Secretary is authorized to establish an advisory committee to 
advise the Secretary concerning the implementation of this section. Any 
such advisory committee shall include representatives of the Pueblo of 
Acoma, the Pueblo of Zuni, other appropriate Indian tribes and other 
persons or groups interested in the implementation of this section.

(Pub. L. 100-225, title V, Sec. 507, Dec. 31, 1987, 101 Stat. 1548; Pub. 
L. 103-437, Sec. 6(d)(19), Nov. 2, 1994, 108 Stat. 4584.)

                       References in Text

    The American Indian Religious Freedom Act, referred to in subsecs. 
(a) and (c), is Pub. L. 95-341, Aug. 11, 1978, 92 Stat. 469, as amended, 
which is classified to sections 1996 and 1996a of Title 42, The Public 
Health and Welfare. For complete classification of this Act to the Code, 
see Short Title note set out under section 1996 of Title 42 and Tables.
    The Wilderness Act, referred to in subsec. (a), is Pub. L. 88-577, 
Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally 
to chapter 23 (Sec. 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.


                               Amendments

    1994--Subsec. (c). Pub. L. 103-437 substituted ``Natural Resources'' 
for ``Interior and Insular Affairs'' before ``Committee of the House''.

                         Change of Name

    Committee on Natural Resources of House of Representatives treated 
as referring to Committee on Resources of House of Representatives by 
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 
of Title 2, The Congress.


                   Termination of Advisory Committees

    Advisory committees established after Jan. 5, 1973, to terminate not 
later than the expiration of the 2-year period beginning on the date of 
their establishment, unless, in the case of a committee established by 
the President or an officer of the Federal Government, such committee is 
renewed by appropriate action prior to the expiration of such 2-year 
period, or in the case of a committee established by the Congress, its 
duration is otherwise provided by law. See section 14 of Pub. L. 92-463, 
Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, 
Government Organization and Employees.
