Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 31
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H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
For the benefit of both parties, managers are encouraged to strive for the most efficient and
effective method of consultation. Whatever method is chosen, all consultation activities
should be carefully documented in the official record.
B. Identifying Consultation Partners
Consultation requirements and procedures, including the identification of the appropriate
consultation partner, vary according to the legal basis for consultation and any agreements
the BLM has executed with tribes, and may require consultation with one or more of the
following:
• Officials of federally recognized tribal governments;
• Representatives of non-recognized Indian communities;
• Traditional cultural or religious leaders; and
• Lineal descendants of deceased Native American individuals
whose remains are in Federal possession or control.
In some circumstances, others may be designated by tribes or individuals to act as
spokespersons.
Specific consultation should focus on groups known to have concerns about the geographic
area under consideration and the particular resources and/or land uses involved.
Although consultation partners may vary depending on which statute prompts a particular
consultation episode, courtesy and protocol require that tribal governments be notified and
given an opportunity to respond whenever the BLM intends to bring a tribal subunit or an
individual tribal member into a consultation relationship.
The BLM's consultation partners must be individuals who are authorized to speak for the
tribe or group relative to the matter at hand. The BLM may also need to consult with other
interested individuals whose participation is not "official" so far as the tribe or group is
concerned.
Identifying tribes. The Bureau of Indian Affairs (BIA) publishes an annual list of federally
recognized tribes in the
. This list is the best starting point for identifying
F
R
EDERAL
EGISTER
recognized tribes with which the United States has a government-to-government
relationship. This list is not exhaustive and must be augmented by other sources.
Tribes and groups with historic ties to the lands in question, including those that are no
longer locally resident, should be given the same opportunity as resident tribes and groups
to identify their selected contact persons and their issues and concerns regarding the public
lands.
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
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