16 U.S.C. § 539m: Management of the Area

The Secretary shall consult with the Pueblo not less than twice each year, unless otherwise mutually agreed, concerning protection, preservation, and management of the Area (including proposed new uses and modified uses in the Area and authorizations that are anticipated during the next 6 months and were approved in the preceding 6 months). If the Pueblo denies consent for a new use within 30 days after completion of the consultation process, the Secretary shall not proceed with the new use. If the Pueblo consents to the new use in writing or fails to respond within 30 days after completion of the consultation process, the Secretary may proceed with the notice and comment process and the environmental analysis. Before the Secretary (or a designee) signs a record of decision or decision notice for a proposed new use, the Secretary shall again request the consent of the Pueblo. If the Pueblo denies consent for a new use within 30 days after receipt by the Pueblo of the proposed record of decision or decision notice, the new use shall not be authorized. the Pueblo shall be deemed to have consented to the proposed record of decision or decision notice; and the Secretary may proceed to issue the final record of decision or decision notice. the purpose and need for the proposed new use or modified use; the role of the Pueblo in the decisionmaking process; and the position of the Pueblo on the proposal. Any person may bring a civil action in the United States District Court for the District of New Mexico to challenge a determination by the Secretary concerning whether a use constitutes a new use or a modified use. provide for public safety; and issue emergency closure orders in the Area subject to applicable law. The Secretary shall notify the Pueblo regarding emergencies, public safety issues, and emergency closure orders as soon as practicable. An action of the Secretary described in paragraph (1) shall not require the consent of the Pueblo. In a case in which the management of the Area by the Secretary conflicts with a traditional or cultural use, if the conflict does not pertain to a new use subject to the process specified in subsection (a)(2), the process for dispute resolution specified in this subsection shall apply. the party identifying the conflict shall notify the other party in writing addressed to the Governor of the Pueblo or the Regional Forester, as appropriate, specifying the nature of the dispute; and the Governor of the Pueblo or the Regional Forester shall attempt to resolve the dispute for a period of at least 30 days after notice has been provided before bringing a civil action in the United States District Court for the District of New Mexico. the party identifying the conflict shall notify the other party and seek to resolve the dispute within 3 days of the date of notification; and either party may bring a civil action for immediate relief in the United States District Court for the District of New Mexico; and the procedural requirements specified in subparagraph (A) shall not apply.