Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 26
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45IV - 1
H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
Considerations That Apply to Various Authorities
C
IV.
HAPTER
A. Public Land Resources Are Not Indian Trust Assets
"Indian trust assets" means lands, natural resources, money, or other assets held by the
Federal Government in trust or restricted against alienation for Indian tribes and individual
Indians (Secretarial Order No. 3215, April 28, 2000). Trust is a formal, legally defined,
property-based relationship that depends on the existence of three elements: (1) a trust asset
(lands, resources, money, etc.); (2) a beneficial owner (the Indian tribe or individual Indian
allottee); and (3) a trustee (the Secretary of the Interior). Many things and ideas that are
commonly represented in terms of "trust" obligations are not actually part of the
Government's trust responsibility toward Indians.
Cultural resources on BLM administered lands are not Indian trust assets. Sacred sites on
BLM administered lands are not Indian trust assets. Human remains and cultural items
subject to NAGPRA are not Indian trust assets.
B. The Nature of BLM's Tribal Consultation under Cultural Resource Authorities.
Tribes often experience "consultation" as it is conducted by the Bureau of Indian
Affairs, whose officials act as agents for the Trustee (the Secretary of the Interior) to
assure protection of Indian-owned trust assets. This form of "consultation," confined to
issues of land and resource use on Indian land, normally concludes with the outcome that
the tribe or individual Indian landowner intended.
In contrast, BLM's tribal consultation under cultural resource authorities generally
does not involve either Indian lands or trust assets, and consequently there is no
ownership-based presumption that a tribe's input will compel a decision that fulfills the
tribe's requests or resolves issues in the tribe's favor. The BLM manager must make an
affirmative effort to consult, and must consider tribal input fairly; but decisions are based
on multiple-use principles and a complex framework of legal responsibilities, not on
property principles and the obligations of the trustee to the trust beneficiary.
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
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