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EO 13007Executive OrderClinton · D

Executive Order 13007

Indian Sacred Sites

This executive order requires federal land-management agencies to accommodate Indian religious practitioners' access to and ceremonial use of sacred sites on federal lands, and to avoid harming the physical integrity of such sites. Agencies must implement procedures for consultation and notice, and report on implementation within one year. The order explicitly disclaims creating any legally enforceable rights.

Federal Register Open PDF 61 FR 26771

Impact dates

  1. Agency heads report to President on implementation

Key directives

  • Accommodate access to and ceremonial use of Indian sacred sites by Indian religious practitioners
  • Avoid adversely affecting the physical integrity of sacred sites
  • Maintain confidentiality of sacred sites where appropriate
  • Implement procedures including reasonable notice of proposed actions that may restrict access or affect sacred sites
  • Comply with April 29, 1994 government-to-government relations memorandum
  • Report to President within 1 year on implementation including necessary changes and dispute resolution procedures

Who is ordered

Timeline

Immediate

  • EO takes effect upon signing
  • agencies instructed to begin implementing procedures 'promptly' and 'as appropriate'

Near term (90d)

  • Agencies to develop and implement procedures for notice, consultation, and dispute resolution

Long term

  • One-year implementation reports due to President
  • Ongoing accommodation of sacred site access in federal land management
  • Potential lasting changes to agency land-use planning and decision-making processes

Risks & tensions

  • No enforcement mechanism: Section 4 explicitly denies private right of action, limiting recourse for tribes
  • 'To the extent practicable, permitted by law, and not clearly inconsistent with essential agency functions' creates broad agency discretion and potential escape clauses
  • Confidentiality provision may conflict with transparency requirements or public land-use planning processes
  • Third-party vested rights provision (Section 3) may limit sacred site protections where conflicting uses exist
  • Vague 'as appropriate' and 'where practicable' language leaves implementation scope uncertain
Executive Order 13007: Indian Sacred Sites · Executive Orders