Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 25

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H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
Consultation for E.O. 13007 purposes
BLM consults with–
Purpose of consultation is–
● To determine whether proposed
land management actions would--
accommodate Indian
Tribal representative and/or
religious practitioners'
appropriately authoritative
access to and ceremonial
representative of an Indian
use of Indian sacred sites
religion whom the tribal
on Federal lands; and/or
government has identified for
this purpose
avoid adversely affecting
the physical integrity of
Indian sacred sites on
Federal lands.
● To seek alternatives that would
resolve potential conflicts.
F
. 14. Tribal consultation for purposes of E.O. No. 13007,
IG
"Indian Sacred Sites."
Identifying sacred sites. Only tribal representatives have the knowledge needed to identify
a tribe's sacred sites. A tribe may name an appropriately authoritative representative of an
Indian religion to provide this information. Federal officials cannot know to accommodate
access to and ceremonial use of Indian sacred sites, and to avoid adversely affecting them,
unless the tribe identifies them. Identification can only occur by consultation.
Overlap with "TCP's" and "religious or cultural sites." In some cases it may not be
possible to differentiate among "sacred sites," "properties of traditional religious and
cultural importance" (sometimes called "TCP's") that may be eligible for the National
Register of Historic Places, and "sites of religious or cultural importance" subject to ARPA
notification.
The similarity among these is that tribal identification is necessary as the beginning point
for compliance with the intent of the law or executive order. A difference is that the BLM
must apply the criteria in 36 CFR 60.4 to determine the eligibility of a traditional cultural
property identified by a tribe. Identification itself does not make a property eligible for the
National Register.
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04

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