Page:United States Statutes at Large Volume 117.djvu/304

 PUBLIC LAW 108–7—FEB. 20, 2003

117 STAT. 285

the next 6 months and were approved in the preceding 6 months). (2) NEW USES.— (A) REQUEST FOR CONSENT AFTER CONSULTATION.— (i) DENIAL OF CONSENT.—If the Pueblo denies consent for a new use within 30 days after completion of the consultation process, the Secretary shall not proceed with the new use. (ii) GRANTING OF CONSENT.—If the Pueblo consents to the new use in writing or fails to respond within 30 days after completion of the consultation process, the Secretary may proceed with the notice and comment process and the environmental analysis. (B) FINAL REQUEST FOR CONSENT.— (i) REQUEST.—Before the Secretary (or a designee) signs a record of decision or decision notice for a proposed new use, the Secretary shall again request the consent of the Pueblo. (ii) DENIAL OF CONSENT.—If the Pueblo denies consent for a new use within 30 days after receipt by the Pueblo of the proposed record of decision or decision notice, the new use shall not be authorized. (iii) FAILURE TO RESPOND.—If the Pueblo fails to respond to the consent request within 30 days after receipt of the proposed record of decision or decision notice— (I) the Pueblo shall be deemed to have consented to the proposed record of decision or decision notice; and (II) the Secretary may proceed to issue the final record of decision or decision notice. (3) PUBLIC INVOLVEMENT.— (A) IN GENERAL.—With respect to a proposed new use or modified use, the public shall be provided notice of— (i) the purpose and need for the proposed new use or modified use; (ii) the role of the Pueblo in the decisionmaking process; and (iii) the position of the Pueblo on the proposal. (B) COURT CHALLENGE.—Any person may bring a civil action in the United States District Court for the District of New Mexico to challenge a determination by the Secretary concerning whether a use constitutes a new use or a modified use. (b) EMERGENCIES AND EMERGENCY CLOSURE ORDERS.— (1) AUTHORITY.—The Secretary shall retain the authority of the Secretary to manage emergency situations, to— (A) provide for public safety; and (B) issue emergency closure orders in the Area subject to applicable law. (2) NOTICE.—The Secretary shall notify the Pueblo regarding emergencies, public safety issues, and emergency closure orders as soon as practicable. (3) NO CONSENT.—An action of the Secretary described in paragraph (1) shall not require the consent of the Pueblo. (c) DISPUTES INVOLVING FOREST SERVICE MANAGEMENT AND PUEBLO TRADITIONAL USES.—

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