EXECUTIVE
ORDER
EO 13007
Effective Date: May 24, 1996

Responsible Office: Office of Management Systems
Subject: INDIAN SACRED SITES

				TEXT

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 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.

                         /s/William J. Clinton


THE WHITE HOUSE,
May 24, 1996.

			

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