Management of the Area

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 the next 6 months and were approved in the preceding 6 months). 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. 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. 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. 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. If the Pueblo fails to respond to the consent request within 30 days after receipt of the proposed record of decision or decision notice— With respect to a proposed new use or modified use, the public shall be provided notice of— 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. The Secretary shall retain the authority of the Secretary to manage emergency situations, to— The Secretary shall notify the Pueblo regarding emergencies, public safety issues, and emergency closure orders as soon as practicable. An action of the Secretary described in paragraph (1) shall not require the consent of the Pueblo. In a case in which the management of the Area by the Secretary conflicts with a traditional or cultural use, if the conflict does not pertain to a new use subject to the process specified in subsection (a)(2), the process for dispute resolution specified in this subsection shall apply. In the case of a conflict described in paragraph (1)— In the case of a conflict that requires immediate resolution to avoid imminent, substantial, and irreparable harm— if the parties are unable to resolve the dispute within 3 days—