Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 17
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45III - 1
H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION
Consulting under General Authorities
C
III.
HAPTER
"General authorities," for purposes of this Handbook, means laws, executive orders, and
regulations that are not considered "cultural resource authorities" like those discussed in the
preceding chapter. The Federal Land Policy and Management Act (FLPMA) guides all
BLM programs, and the National Environmental Policy Act (NEPA) pertains to the entire
human environment. The planning and environmental review systems supporting FLPMA
and NEPA often provide the procedural and scheduling framework for cultural resource-
related consultation. Finally, the American Indian Religious Freedom Act (AIRFA) and the
Indian Sacred Sites order (Executive Order 13007) sound as if they might be cultural
resource authorities, but they are much more fundamental than that, pertaining to the free
exercise clause of the First Amendment.
A. Federal Land Policy and Management Act.
The BLM's land use planning process under FLPMA has opportunities for tribes to identify
places associated with traditional values, traditional cultural properties, and sacred sites
prior to a specific action or proposed land use. The land use planning process is the primary
mechanism for complying with the American Indian Religious Freedom Act (AIRFA) and
Executive Order 13007. Tribal concerns with regard to places of traditional cultural or
religious importance are most effectively identified and accommodated over the extended
period of time afforded by the land use planning process and associated environmental
review.
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
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