[Federal Register Volume 61, Number 104 (Wednesday, May 29, 1996)]
[Presidential Documents]
[Pages 26771-26772]
From the Federal Register Online via the Government Printing 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