|
|
New (US) Executive Order on Native American Sacred Sites. (fwd)
Hugh W. Jarvis (hjarvis@ACSU.BUFFALO.EDU)
Wed, 29 May 1996 12:47:10 -0400
Thought people might be interested in this. Not the original sender was
not me...
Hugh
---------------------------------------------------------------------
Hugh Jarvis...hjarvis@acsu.buffalo.edu
...tis better to be silent and thought a fool
than to reply and remove all doubt... (oops)
---------- Forwarded message ----------
Date: Wed, 29 May 1996 12:14:32 +0000
From: /S=M.PFEIFFER/OU1=R08F10A@mhs-fswa.attmail.com
To: hjarvis@acsu.buffalo.edu/RECEIPT
Subject: New Executive Order on Native American Sacred Sites.
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release May 24, 1996
EXECUTIVE ORDER
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. Accomodation 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) accomodate 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."
more
2
(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 accomodate 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 Procedures
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
THE WHITE HOUSE,
May 24, 1996.
|