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Executive Order 13007

Issued by William J. Clinton on Friday 24 May 1996

Indian Sacred Sites

Federal Register, Volume 61 Issue 104 (Wednesday, May 29, 1996)

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

Citation: 61 FR 26771

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