{"identifier":"/us/usc/t16/s539m\u20133","title":16,"num":"\u00a7\u202f539m\u20133.","heading":"Pueblo rights and interests in the Area","text":"\u00a7\u202f539m\u20133.\nPueblo rights and interests in the Area\n(a)\nIn general\nThe Pueblo shall have the following rights and interests in the Area:\n(1) Free and unrestricted access to the Area for traditional or cultural uses, to the extent that those uses are not inconsistent with\u2014\n(A) the Wilderness Act (\n16 U.S.C. 1131\nFebruary 20, 2003\n(B) applicable Federal wildlife protection laws as provided in\nsection 539m\u20134(a)(2) of this title\n(2) Perpetual preservation of the national forest and wilderness character of the Area under sections 539m to 539m\u201312 of this title.\n(3) Rights in the management of the Area as specified in\n(A) the right to consent or withhold consent to a new use;\n(B) the right to consultation regarding a modified use;\n(C) the right to consultation regarding the management and preservation of the Area; and\n(D) the right to dispute resolution procedures.\n(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.\n(5) Such other rights and interests as are recognized in subsection (c) and sections 539m\u20132, 539m\u20135, 539m\u20136, and 539m\u20137 of this title.\n(b)\nAccess\nExcept 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.\n(c)\nCompensable interest\n(1)\nIn general\nIf, by an Act of Congress enacted after\n(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\n(B) the restrictions of sections 539m\u20132(e) and 539m\u20134(a) of this title shall be disregarded in determining just compensation owed to the Pueblo.\n(2)\nEffect\nAny compensation made to the Pueblo under paragraph (c)\n1\n1 So in original. Probably should be paragraph \u201c(1)\u201d.\nsection 539m\u20138 of this title","url":"https://projectusc.org/usc/t16/s539m\u20133.html","content":[{"t":"sec","id":"/us/usc/t16/s539m\u20133","children":[{"t":"num","text":"\u00a7\u202f539m\u20133."},{"t":"heading","text":"Pueblo rights and interests in the Area"},{"t":"subsec","id":"/us/usc/t16/s539m\u20133/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The Pueblo shall have the following rights and interests in the Area:"},{"t":"para","id":"/us/usc/t16/s539m\u20133/a/1","children":[{"t":"num","text":"(1)"},{"t":"chapeau","text":" Free and unrestricted access to the Area for traditional or cultural uses, to the extent that those uses are not inconsistent with\u2014"},{"t":"subpara","id":"/us/usc/t16/s539m\u20133/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the Wilderness Act (","children":[{"t":"ref","text":"16 U.S.C. 1131","href":"/us/usc/t16/s1131","tail":" et seq.) (including regulations promulgated under that Act) as in effect on "},{"t":"text","text":"February 20, 2003","tail":"; or"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s539m\u20133/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" applicable Federal wildlife protection laws as provided in ","children":[{"t":"ref","text":"section 539m\u20134(a)(2) of this title","href":"/us/usc/t16/s539m\u20134/a/2","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s539m\u20133/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" Perpetual preservation of the national forest and wilderness character of the Area under sections 539m to 539m\u201312 of this title.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s539m\u20133/a/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" Rights in the management of the Area as specified in ","children":[{"t":"ref","text":"section 539m\u20135 of this title","href":"/us/usc/t16/s539m\u20135","tail":", including\u2014"}]},{"t":"subpara","id":"/us/usc/t16/s539m\u20133/a/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the right to consent or withhold consent to a new use;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s539m\u20133/a/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the right to consultation regarding a modified use;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s539m\u20133/a/3/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" the right to consultation regarding the management and preservation of the Area; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s539m\u20133/a/3/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" the right to dispute resolution procedures.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s539m\u20133/a/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s539m\u20133/a/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" Such other rights and interests as are recognized in subsection (c) and sections 539m\u20132, 539m\u20135, 539m\u20136, and 539m\u20137 of this title.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s539m\u20133/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Access"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t16/s539m\u20133/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Compensable interest"},{"t":"para","id":"/us/usc/t16/s539m\u20133/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"If, by an Act of Congress enacted after ","children":[{"t":"text","text":"February 20, 2003","tail":", Congress diminishes the national forest or wilderness designation of the Area by authorizing a use prohibited by "},{"t":"ref","text":"section 539m\u20132(e) of this title","href":"/us/usc/t16/s539m\u20132/e","tail":" 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\u2014"}]},{"t":"subpara","id":"/us/usc/t16/s539m\u20133/c/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t16/s539m\u20133/c/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the restrictions of sections 539m\u20132(e) and 539m\u20134(a) of this title shall be disregarded in determining just compensation owed to the Pueblo.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t16/s539m\u20133/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Effect"},{"t":"content","children":[{"t":"p","text":"Any compensation made to the Pueblo under paragraph (c)\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably should be paragraph \u201c(1)\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be paragraph \u201c(1)\u201d.","tail":" shall not affect the extinguishment of claims under "},{"t":"ref","text":"section 539m\u20138 of this title","href":"/us/usc/t16/s539m\u20138","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}