Executive Order 13007

Executive Order 13007
Title	Executive Order 13007
Signed	May 24, 1996
Signedby	Bill Clinton
Purpose	Protection of Sacred Sites for Native American religious practices on federal lands

Executive Order 13007 Issued on May 24, 1996, by Bill Clinton, the order directed federal agencies to accommodate access to and ceremonial use of sacred sites by practitioners of Native American Church religions and to avoid adversely affecting the physical integrity of such sites on federal lands. The order intersected with longstanding disputes involving Bureau of Land Management, National Park Service, U.S. Forest Service, and tribal nations including the Navajo Nation, Hopi Tribe, and Yavapai-Apache Nation, prompting litigation, administrative guidance, and debates involving the First Amendment and the American Indian Religious Freedom Act.

Background and Purpose

The order emerged amid tensions among the Department of the Interior, Department of Agriculture, federal agencies managing public lands, and tribal governments such as the Pueblo of Acoma and Crow Nation over sites like Bear Butte, Devil's Tower National Monument, and sacramental locations on the Colorado River. High-profile matters involving the Native American Church, disputes over access at Canyon de Chelly National Monument, and policy dialogues linked to the National Environmental Policy Act and the Religious Freedom Restoration Act framed the political context. The order invoked executive authority to reconcile federal land management by agencies including the Bureau of Indian Affairs with tribal sovereignty claims advanced by entities like the National Congress of American Indians and leaders such as Wilma Mankiller.

Provisions of the Order

The directive instructed agency heads of the Department of the Interior and Department of Agriculture to permit access for “sacred sites” requests by practitioners of Native American religions, to avoid adversely affecting the physical integrity of those sites, and to accommodate ceremonial use. It referenced coordination with tribal governments including the Cherokee Nation, Sioux Nation, and Confederated Tribes of the Umatilla Indian Reservation and required agency consultation practices similar to those in Executive Order 13175 on tribal consultation. Agencies were to balance competing uses involving entities such as the National Park Service, U.S. Fish and Wildlife Service, and the Army Corps of Engineers while considering statutory frameworks like the Archaeological Resources Protection Act and the National Historic Preservation Act.

Implementation and Administration

Implementation fell to agency secretaries including the Secretary of the Interior and the Secretary of Agriculture, with regional managers at the Bureau of Land Management and superintendents at Yellowstone National Park and Grand Canyon National Park establishing protocols. Interagency coordination involved the White House Office of Cabinet Affairs and consultations with tribal delegations from the Blackfeet Nation and Tlingit communities. Administrative actions included memoranda, interagency guidance, inventories of sacred sites similar to National Register of Historic Places processes, and training programs parallel to those used in Tribal Self-Governance initiatives.

Controversies and Legal Challenges

The order prompted litigation and critique from stakeholders including Environmental Protection Agency interests, mining companies such as Freeport-McMoRan, and recreational groups like the Sierra Club. Cases referencing the order implicated the First Amendment, the Establishment Clause, and statutory preemption doctrines; plaintiffs and defendants included federal agencies, tribal governments, and private permittees. Notable legal tensions mirrored rulings in cases involving the American Indian Religious Freedom Act and decisions from the United States Supreme Court that affected religious exercise claims. Congressional responses involved hearings in the U.S. Senate Committee on Indian Affairs and the House Committee on Resources.

Impact on Native American Sacred Sites and Religious Freedom

Advocates such as the National Congress of American Indians and legal organizations like the Native American Rights Fund argued the order strengthened protections for ceremonial access at sites including Mount Taylor and Smithsonian Institution-curated artifacts treated as sacred by tribes like the Zuni Pueblo. Critics contended that implementation produced inconsistent outcomes across agencies and regions, with some sites receiving enhanced access while others remained contested, reflecting broader debates seen in cases involving Kennewick Man and NAGPRA-related repatriation disputes. The order influenced administrative practice on accommodating religious exercise for practitioners of Peyote-based rituals and other traditional ceremonies.

Subsequent Developments and Related Policies

Follow-up actions included agency-specific policies, memoranda from successive administrations, and links to later directives such as Executive Order 13175 and regulatory guidance under the Department of the Interior and Bureau of Land Management. Legislative and judicial developments—ranging from amendments to National Historic Preservation Act procedures to court decisions from the United States Court of Appeals for the Ninth Circuit—shaped how sacred sites claims were processed. Tribal advocacy, exemplified by organizations like the Affiliated Tribes of Northwest Indians and leaders including Ada Deer, continued to press for statutory protections, influencing programs in agencies such as the National Park Service and collaborative agreements exemplified by co-management arrangements at places like Alcatraz Island and Bandelier National Monument.

Category:United States federal executive orders Category:Native American law Category:Presidency of Bill Clinton