Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 35
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H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
The BLM's and others' cultural resource records, including class I inventories and
published and unpublished documentary sources, should be reviewed to identify any
previously recorded areas and/or properties of traditional religious or cultural importance,
and any traditional values that are closely associated with lands or resources which may be
affected by BLM actions. Properties of traditional religious or cultural importance include,
among other things, those "traditional cultural properties" that may be eligible for the
National Register of Historic Places.
When existing records are being reviewed, special attention should be paid to places that
Native Americans are likely to perceive as culturally sensitive in contemporary traditional
cultural practice (human burial sites, shrines, prayer sites, rock art, natural features
traditionally used for religious purposes, etc.).
E. Initiating Native American Contacts
After establishing a need and a purpose for consulting and determining with whom to
consult, managers must make good faith efforts to elicit information and views directly
from affected Native Americans.
An initial contact should be made with all potentially concerned tribal governments and
other Native American groups, by letter and telephone, explaining the reason for the
contact; requesting their direct participation and input in the decision making process; and
asking them to identify any traditional cultural or religious leaders and practitioners who
they think should also be contacted.
When a manager knows that tribal issues and concerns would be affected by a decision,
tribes and groups that live near or use the lands in question should be contacted and given
an opportunity to participate Tribes that reside elsewhere, but have known historic ties to
the land, may have issues or concerns that could be affected by a decision. In cases where
the manager can reasonably anticipate that such tribes would have issues and concerns with
the effects of a proposed decision, these tribes should be contacted also.
For any Indian tribe that may be expected to have issues and concerns about a proposed
decision, the initial point of contact should be the tribal chief executive, except in cases
where another tribal official has already been designated as the BLM's contact.
Tribal government officials are the appropriate spokespersons where proposed actions
might affect tribal issues and concerns. It is their responsibility to identify any tribal
members who may have pertinent information concerning cultural and religious values or
concerns.
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
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