Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 27
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45IV - 2
H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
If these distinct meanings of "consultation" are not understood and a BLM decision
runs counter to a tribe's requests, the tribe might object that the BLM has not
consulted properly. Therefore, a part of consultation must be to make clear to our
consultation partners that the BLM is not acting as the Trustee's agent, that trust assets are
not involved, and that public-land decision making must consider – but not necessarily
conform with – the tribe's requests.
C. Cultural Resource Project Plans.
A tribe shall be consulted when cultural resource project plans are prepared involving
resources related to that tribe's heritage. Such plans may be prepared when sites will be
stabilized, repaired, or developed for public interpretation and visitation.
D. No Compensation Given for Consultation Per Se
As stated in the 8120 Manual, BLM does not compensate any entity, including Indian
tribes, for consultation required by law, regulation, or other authorities, where the
consultation is part of BLM administrative processes designed to protect the interests of the
consulting entity.
Nothing prevents the BLM from contracting or paying for the services of qualified
individuals, firms, or organizations, including tribes and Indian individuals, through BLM
procurement procedures, to produce in-depth ethnographic reports, National Register
nominations, or other specific products for proactive management uses that are not
considered BLM administrative processes designed to protect tribal interests.
This topic is discussed in more detail in Appendix I.
E. Data Security and Confidentiality
The BLM is the sole Federal agency responsible for collecting cultural resource
information for the lands it manages. It is also responsible for maintaining that information
in a secure environment. This information is used to evaluate the significance of these
resources and to develop appropriate protection measures in long-term land-use planning
documents and in the environmental documentation supporting multiple use decisions.
Access to this information is controlled by 43 CFR Part 7 implementing Section 9 of
ARPA and Section 101(d)(6) and 304(a) of NHPA.
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
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