---
kind: "section"
citation: "16 U.S.C. § 539m–3"
title: "16"
title_heading: "Conservation"
number: "539m–3"
heading: "Pueblo rights and interests in the Area"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/539m-3"
units:
  - "Chapter 2 — National Forests"
  - "Subchapter I — Establishment and Administration"
---

# §539m–3. Pueblo rights and interests in the Area

- (a) **In general—** The [Pueblo](/usc/16/539m–1.md?p=10) shall have the following rights and interests in the [Area](/usc/16/539m–1.md?p=1-A):
  - (1) Free and unrestricted access to the [Area](/usc/16/539m–1.md?p=1-A) for [traditional or cultural uses](/usc/16/539m–1.md?p=16), to the extent that those uses are not inconsistent with—
    - (A) the Wilderness Act ([16 U.S.C. 1131](/usc/16/1131.md) et seq.) (including regulations promulgated under that Act) as in effect on February 20, 2003; or
    - (B) applicable Federal wildlife protection laws as provided in [section 539m–4(a)(2) of this title](/usc/16/539m–4.md?p=a-2).
  - (2) Perpetual preservation of the national forest and [wilderness](/usc/16/3102.md?p=13) character of the [Area](/usc/16/539m–1.md?p=1-A) under sections [539m](/usc/16/539m.md) to [539m–12](/usc/16/539m–12.md) of this title.
  - (3) Rights in the management of the [Area](/usc/16/539m–1.md?p=1-A) as specified in [section 539m–5 of this title](/usc/16/539m–5.md), including—
    - (A) the right to consent or withhold consent to a [new use](/usc/16/539m–1.md?p=8-A);
    - (B) the right to consultation regarding a [modified use](/usc/16/539m–1.md?p=7-A);
    - (C) the right to consultation regarding the management and preservation of the [Area](/usc/16/539m–1.md?p=1-A); and
    - (D) the right to dispute resolution procedures.
  - (4) Exclusive authority, in accordance with the customs and laws of the [Pueblo](/usc/16/539m–1.md?p=10), to administer access to the [Area](/usc/16/539m–1.md?p=1-A) for [traditional or cultural uses](/usc/16/539m–1.md?p=16) by members of the [Pueblo](/usc/16/539m–1.md?p=10) and of other federally-recognized [Indian tribes](/usc/16/544.md?p=g).
  - (5) Such other rights and interests as are recognized in [subsection (c)](#c) and sections [539m–2](/usc/16/539m–2.md), [539m–5](/usc/16/539m–5.md), [539m–6](/usc/16/539m–6.md), and [539m–7](/usc/16/539m–7.md) of this title.
- (b) **Access—** Except as provided in [subsection (a)(4)](#a-4), access to and use of the [Area](/usc/16/539m–1.md?p=1-A) for all other purposes shall continue to be administered by the [Secretary](/usc/16/410r–5.md?p=c-1).
- (c) **Compensable interest—**
  - (1) **In general—** If, by an Act of Congress enacted after February 20, 2003, Congress diminishes the national forest or [wilderness](/usc/16/3102.md?p=13) designation of the [Area](/usc/16/539m–1.md?p=1-A) by authorizing a use prohibited by [section 539m–2(e) of this title](/usc/16/539m–2.md?p=e) in all or any portion of the [Area](/usc/16/539m–1.md?p=1-A), or denies the [Pueblo](/usc/16/539m–1.md?p=10) access for any [traditional or cultural use](/usc/16/539m–1.md?p=16) in all or any portion of the [Area](/usc/16/539m–1.md?p=1-A)—
    - (A) the United States shall compensate the [Pueblo](/usc/16/539m–1.md?p=10) as if the [Pueblo](/usc/16/539m–1.md?p=10) held a fee title interest in the affected portion of the [Area](/usc/16/539m–1.md?p=1-A) 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 [539m–2(e)](/usc/16/539m–2.md?p=e) and [539m–4(a)](/usc/16/539m–4.md?p=a) of this title shall be disregarded in determining just compensation owed to the [Pueblo](/usc/16/539m–1.md?p=10).
  - (2) **Effect—** Any compensation made to the [Pueblo](/usc/16/539m–1.md?p=10) under paragraph (c)[^1] shall not affect the extinguishment of claims under [section 539m–8 of this title](/usc/16/539m–8.md).

## Footnotes

[^1]: So in original. Probably should be paragraph “(1)”.

## Source credit

(Pub. L. 108–7, div. F, title IV, § 405, Feb. 20, 2003, 117 Stat. 283.)

## Notes

### Editorial Notes

### References in Text

The Wilderness Act, referred to in subsec. (a)(1)(A), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables.

Sections 539m to 539m–12 of this title, referred to in subsec. (a)(2), was in the original “this title”, meaning title IV of div. F of Pub. L. 108–7, Feb. 20, 2003, 117 Stat. 279, which is classified generally to sections 539m to 539m–12 of this title. For complete classification of title IV to the Code, see Short Title note set out under section 539m of this title and Tables.