Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 33
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H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
Consultation roles generally may not be transferred to others. Nonprofit organizations
and public assistance agencies that provide services to Native Americans can sometimes
facilitate communication with tribes, communities, traditional leaders, etc. (e.g., legal aid,
family service, elders' health programs, regional associations). Native American
community organizations and ombudsman organizations can also help to identify
appropriate parties for consultation.
However, unless they are specifically authorized to do so, such organizations should not be
considered to "represent" tribes or groups in an official sense. The BLM's contact with
extra-tribal and public assistance groups is not a substitute for consultation with tribes or
individuals, nor can these groups take the BLM's part in consultation.
The BLM's responsibility to notify and consult with Native Americans cannot be
assigned or delegated to any other party.
Similarly, cultural resource consulting firms working for land use applicants, etc., might
appropriately be approved to make contacts and collect information in some circumstances,
such as to identify traditional cultural properties for purposes of Section 106 compliance;
but they cannot negotiate, make commitments, or otherwise give the appearance of
exercising the BLM's authority in consultations.
Summarizing information. Each office may wish to develop maps showing areas where
tribes have identified issues or concerns. Maps can depict lands historically occupied or
utilized, and can also locate areas identified as having ongoing traditional religious
significance and use. However, when information of this extremely sensitive nature is
included, maps must be treated as confidential working files and kept from public view.
(See IV.E.)
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
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