Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 12
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H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
Consultation for ARPA 4(c) purposes
BLM consults with–
Purpose of consultation is–
● To consider tribal religious or
cultural locations on public
lands, which archaeological
Tribal representative(s)
activities, if permitted, could
whom the tribal government
harm or destroy
has designated for this
purpose
● To consider protective terms
and conditions that could be put
into a permit to protect tribal
religious or cultural locations
from harm or destruction
F
. 4. Tribal consultation for purposes of Section 4(c) of
IG
the Archaeological Resources Protection Act.
Notifying tribes of potential harm or destruction. The Federal land manager determines,
based on information obtained from Indian tribes, whether proposed archaeological
activities on public lands (such as specific instances of testing or excavation) could harm
or destroy places of tribal religious or cultural importance, such as places where members
of a tribe conduct cultural activities and religious observances. Because of their nature,
scale, or timing, most archaeological proposals have little potential to permanently harm or
destroy such places and will not warrant notification.
Non-tribal groups may be notified. The uniform regulations implementing ARPA
provide that the Federal land manager may also give notice to any other Native American
group known to consider potentially affected locations as being of religious or cultural
importance (43 CFR 7.7(a)(2)). Input from non-tribal groups is in the nature of public
participation, not government-to-government consultation.
Document unsuccessful efforts. If all efforts to notify and consult with the appropriate
Indian tribe(s) prove unsuccessful, the permit application may be processed without further
delay. In all cases, documentation of efforts to notify and consult must be included in the
permit file. This documentation will serve as evidence of notification and consultation
efforts in accord with 43 CFR 7.7.
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
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