Executive Order 13007--Indian Sacred Sites

[Weekly Compilation of Presidential Documents]
From the 1996 Presidential Documents Online via GPO Access [frwais.access.gpo.gov]
[DOCID:pd27my96_txt-36]

[Page 942-943]

Monday, May 27, 1996

Volume 32--Number 21
Pages 883-948

Week Ending Friday, May 24, 1996

Executive Order 13007--Indian Sacred Sites

May 24, 1996

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,

page 943

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.
William J. Clinton
The White House,
May 24, 1996.

[Filed with the Office of the Federal Register, 8:45 a.m., May 28, 1996]

Note: This Executive order will be published in the Federal Register on
May 29.