Presidential Documents

Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Presidential Documents 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.
26772 Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Presidential Documents

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,

[FR Doc. 96–13597

or any person.

THE WHITE HOUSE,

May 24, 1996.

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Filed 5–27–96; 8:45 am]

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