Page:United States Statutes at Large Volume 117.djvu/303

 117 STAT. 284

PUBLIC LAW 108–7—FEB. 20, 2003

(B) the right to consultation regarding a modified use; (C) the right to consultation regarding the management and preservation of the Area; and (D) the right to dispute resolution procedures. (4) Exclusive authority, in accordance with the customs and laws of the Pueblo, to administer access to the Area for traditional or cultural uses by members of the Pueblo and of other federally-recognized Indian tribes. (5) Such other rights and interests as are recognized in sections 404, 405(c), 407, 408, and 409. (b) ACCESS.—Except as provided in subsection (a)(4), access to and use of the Area for all other purposes shall continue to be administered by the Secretary. (c) COMPENSABLE INTEREST.— (1) IN GENERAL.—If, by an Act of Congress enacted after the date of enactment of this Act, Congress diminishes the national forest or wilderness designation of the Area by authorizing a use prohibited by section 404(e) in all or any portion of the Area, or denies the Pueblo access for any traditional or cultural use in all or any portion of the Area— (A) the United States shall compensate the Pueblo as if the Pueblo held a fee title interest in the affected portion of the Area and as though the United States had acquired such an interest by legislative exercise of the power of eminent domain; and (B) the restrictions of sections 404(e) and 406(a) shall be disregarded in determining just compensation owed to the Pueblo. (2) EFFECT.—Any compensation made to the Pueblo under paragraph (c) shall not affect the extinguishment of claims under section 410. 16 USC 539m–4.

SEC. 406. LIMITATIONS ON PUEBLO RIGHTS AND INTERESTS IN THE AREA.

(a) LIMITATIONS.—The rights and interests of the Pueblo recognized in this title do not include— (1) any right to sell, grant, lease, convey, encumber, or exchange land or any interest in land in the Area (and any such conveyance shall not have validity in law or equity); (2) any exemption from applicable Federal wildlife protection laws; (3) any right to engage in a use prohibited by section 404(e); or (4) any right to exclude persons or governmental entities from the Area. (b) EXCEPTION.—No person who exercises traditional or cultural use rights as authorized by section 405(a)(4) may be prosecuted for a Federal wildlife offense requiring proof of a violation of a State law (including regulations). 16 USC 539m–5.

SEC. 407. MANAGEMENT OF THE AREA.

(a) PROCESS.— (1) IN GENERAL.—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

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