Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 10
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45II - 4
H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
B. Archaeological Resources Protection Act.
The Archaeological Resources Protection Act (ARPA), Sec. 4(c), requires the responsible
Federal land manager to notify the appropriate Indian tribe before approving a Cultural
Resource Use Permit (see Manual Section 8150) for the excavation or collection of
archaeological resources (see 43 CFR 7.3), if the Federal land manager determines that a
location with cultural or religious importance to the tribe may be harmed or destroyed by
the permitted activity.
Sec. 4 of the Archaeological Resources Protection Act (ARPA)–
• Requires the Federal land manager, before issuing a permit to
excavate or remove archaeological resources from public
land, to notify the affected Indian tribe when a location
having cultural or religious importance to the tribe may be
harmed or destroyed by the permitted activity.
• Requires Federal land managers to include in the permit any
terms and conditions deemed necessary to carry out the
purposes of the Act. Sec. 10 links ARPA's implementation and
the purposes of the American Indian Religious Freedom Act.
_______________
Uniform regulations at 43 CFR 7.7 recognize that notification logically leads to
consultation if the tribe so requests, and require that any terms and conditions
agreed to through consultation will be included in the permit.
F
. 3. Provisions of Section 4 of the Archaeological Resources Protection Act.
IG
Section 4(c). The exact wording of Section 4(c) of ARPA is as follows (emphasis added):
"If a permit issued under this section may result in harm to, or
destruction of, any religious or cultural site, as determined by the
Federal land manager, before issuing such permit, the Federal land
manager shall notify any Indian tribe which may consider the site
as having religious or cultural importance. Such notice shall not
be deemed a disclosure to the public for purposes of Section 9."
(16 U.S.C. 470cc(c))
The statutory term site in the phrase "religious or cultural site" should not be expected to
mean the same as the word "site" in the discipline of archaeology, and should instead be
understood to refer to a place or a location, whether archaeological in nature or not. The
ARPA regulations provide, for example, that a "Federal land manager may enter into
agreement with any Indian tribe . . . for determining locations for which such tribe . . .
wishes to receive notice under this section" (43 CFR 7.7(b)(3), emphasis added).
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
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