Executive Order 13007
PROTECTION AND ACCOMMODATION OF ACCESS TO "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.
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 the purpose 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.
THE WHITE HOUSE,
May 24, 1996.
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