Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 36
ADVERTISEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45V - 7
H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION - Public
If the BLM has established a consultation relationship with traditional leaders through
previous contacts, these individuals should be contacted at the same time as tribal
government officials are contacted. If there is no existing consultation relationship with
traditional leaders, tribal government officials should be asked to identify individuals who
might have special knowledge related to traditional uses of BLM lands.
F. Legally Required Notification
A specific legal requirement to notify Native Americans (e.g., pursuant to ARPA Sec. 4(c))
can generally be met through certified mail, return receipt requested, or delivery
confirmation from a delivery service.
Where legally required notification is delivered through certified mail or delivery service, a
return receipt or delivery confirmation is adequate demonstration that BLM has satisfied
the notification requirement. With some tribes and individuals, however, a notice may not
be deliverable for a variety of reasons. Obviously, a receipt or report showing that delivery
was not made is clear indication that the BLM's requirement has not been met.
To avoid false starts and delays, BLM managers and staffs should select a notification
strategy that has a high expectation of success.
G. Legally Required Consultation
Notification can be satisfied through simple one-way written means. Consultation is
generally construed to mean direct, two-way communication.
While statute and case law do not provide the methods of communication needed to
constitute legally required consultation, the legal standard is a "good faith effort." Two
White House documents guide agencies in meeting this standard:
The Sacred Sites Executive Order, E.O. 13007 in Section 2(a), charges land managing
agencies to "promptly implement procedures . . . to ensure reasonable notice is provided of
proposed actions or land management policies that may restrict future access to or
ceremonial use of, or adversely affect the physical integrity of, sacred sites. In all actions
pursuant to this section, agencies shall comply with the Executive memorandum of April
29, 1994, 'Government-to-Government Relations with Native American Tribal
Governments.'"
The referenced April 29, 1994, memorandum states: "(b) Each executive department and
agency shall consult, to the greatest extent practicable and to the extent permitted by law,
with tribal governments prior to taking actions that affect federally recognized tribal
governments. All such consultations are to be open and candid so that all interested parties
may evaluate for themselves the potential impact of relevant proposals."
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
ADVERTISEMENT
0 votes
Related Articles
Related forms
Form 3830-3 - Notice Of Intent To Locate A Lode Or Placer Mining Claim(s) And/or A Tunnel Site - United States Department Of The Interior - Bureau Of Land Management - 2016
Legal
Form 1221-2 - Manual Transmittal Sheet - United States Department Of The Interior Bureau Of Land Management
Legal
San Juan Islands National Monument Resource Advisory Committee Application - Bureau Of Land Management
Legal
Related Categories
Parent category: Legal