Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 28
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45IV - 3
H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
On a project-specific basis, tribes may access this information by executing an agreement
with the BLM to facilitate sharing and maintaining information and records related to
cultural resources in a manner consistent with ARPA.
Native Americans may be reluctant to share sensitive information regarding resource
locations and values with agency officials. This is partly because agencies have been
hindered, until recently, from effectively protecting Native American cultural information
from public disclosure under the Freedom of Information Act.
Disclosure of sensitive Native American information may be denied if it:
• exists only in "working files" i.e., documents that are not formal products of the
agency or official correspondence, such as raw ethnographic data or notes (except
that if the information is used in making a decision, it must become part of the official
decision record and therefore be subject to disclosure); or
• pertains to a property listed in or eligible for the National Register of Historic
Places and disclosure would risk harm to the property, cause a significant invasion of
privacy, or impede the use of a traditional religious site by practitioners; or
• pertains to an archaeological resource as defined in 43 CFR Part 7, and
disclosure would risk harm to the resource.
Less tangible values, when they coincide in space with historic properties or archaeological
resources, could also be protected from disclosure under these authorities. The
confidentiality of information less firmly associated with a historic property or
archaeological resource, however, is not resolved.
No blanket FOIA exemption exists for NAGPRA related information. Thus, potentially
sensitive information such as the specific nature and location of materials subject to
NAGPRA consideration, and the identity of descendants or culturally affiliated Indian
tribes, may not be automatically withheld from FOIA disclosure. Consequently, the BLM
State FOIA officer must evaluate any NAGPRA-related FOIA request, case-by-case, in
close consultation with the NAGPRA coordinator and the responsible manager. While
BLM managers should make every effort to safeguard sensitive information to the fullest
degree possible, information may not be improperly withheld in the face of a lawful FOIA
request.
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
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