restricted access 231. Indian Sacred Sites Executive Order 13007, May24, 1996
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357 Haida Indian Tribes of Alaska pursuant to the Act of June 19, 1935 . . . as a federally recognized Indian tribe; (2) on October 21, 1993, the Secretary of the Interior published a list of federally recognized Indian tribes pursuant to part 83 of title 25 of the Code of Federal Regulations which omitted the Central Council of Tlingit and Haida Indian Tribes of Alaska; (3) the Secretary does not have the authority to terminate the federally recognized status of an Indian tribe as determined by Congress; (4) the Secretary may not administratively diminish the privileges and immunities of federally recognized Indian tribes without the consent of Congress; and (5) the Central Council of Tlingit and Haida Indian Tribes of Alaska continues to be a federally recognized Indian tribe. sec. 203. reaffirmation of tribal status. The Congress reaffirms and acknowledges that the Central Council of Tlingit and Haida Indian Tribes of Alaska is a federally recognized Indian tribe. . . . [U.S. Statutes at Large, 108:4791–92.] 231. Indian Sacred Sites Executive Order 13007 May 24, 1996 To help protect sites held sacred by Indians, President Clinton issued this executive order in regard to federal lands. This was part of an ongoing policy to protect Indian religious practices. 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 con- fidentiality 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 358 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-toGovernment Relations with Native American Tribal Governments.” . . . 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 of procedural, enforceable at law or equity by any party against the United States, its agencies, officers, or any person. [Federal Register, 61:26771–72 (May 29, 1966).] 232. Native American Housing Assistance and Self-Determination Act October 26, 1996 Along with Indian education and Indian health care, adequate housing for Indians was a major concern of the federal government. This act, in great detail, set up a program for housing assistance to Indian tribes. An Act to provide Federal assistance for Indian tribes in a manner that recognizes the right of tribal self-governance, and for other purposes. . . . . sec. 2. congressional findings. The Congress finds that—. . . . (2) there exists a unique relationship between the Government of the United States and the governments of Indian tribes and a...


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