Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 23
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45III - 7
H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
Consultation for AIRFA purposes
BLM consults with–
Purpose of consultation is–
● To identify the potential for
land management procedures
Tribal representative(s)
to conflict with Native
and/or native traditional
Americans' religious
religious leaders whom the
observances
tribal government has
designated or identified for
● To seek alternatives that
this purpose
would resolve the potential
conflicts
F
. 12. Tribal consultation for purposes of Section 2 of the
IG
American Indian Religious Freedom Act.
Not strictly government-to-government. The provisions of AIRFA are not limited to
federally recognized Indian tribes. The constitutionally guaranteed freedom to follow the
religion of one's choice extends to all Native Americans – as to others – without
qualification. The BLM manager's best starting point for consultation purposes, however, is
through the government-to-government channels that structure most of BLM's official
relations with Indian tribes.
D. Executive Order No. 13007, "Indian Sacred Sites"
Executive Order No. 13007, May 24, 1996, directs Federal land managing agencies to
accommodate access to and ceremonial use of Indian sacred sites by Indian religious
practitioners, and to avoid adversely affecting the physical integrity of such sacred sites, to
the extent practicable, permitted by law, and not clearly inconsistent with essential agency
functions.
The Order is very explicit about not creating new rights and not limiting duly authorized
land uses. It is "not intended to, nor does it, create any right, benefit, trust responsibility,
substantive or procedural, enforceable at law or equity by any party against the United
States, its agencies, officers, or any person" (Sec. 4). Nothing in it is to be "construed to
require a taking of vested property interests [nor] shall this order be construed to impair
enforceable rights to use of Federal lands that have been granted to third parties through
final agency action" (Sec. 3).
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
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