Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 38
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H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
I. Documentation of Notification and Consultation
Include notification and consultation documents in the permanent decision record.
Evidence of notification and consultation (or of the failure of diligent efforts) is to be
included in the official file and provided to the authorized officer in support of a proposed
decision. The names of preparers should appear on all notification and consultation
materials. The consultation record must show that the decision maker made a good faith
effort to obtain and weigh tribal input in decision making. If a decision does not conform
with the tribe's requests, the consultation record must explain the manager's basis for
reaching a different outcome.
Managers are to take an active role in consultation efforts and should accustom themselves
to looking for evidence of notification or consultation (or unsuccessful good faith efforts)
before making a decision. If no notification or consultation is needed, the staff person
preparing the material for the manager should include a note to this effect.
Telephone contact. All attempts to establish telephone communication, and a record of all
conversations conducted by telephone, should be documented by a signed and dated note to
the files, to be included in the permanent record. Copies of relevant emails are to be
included as well.
Meetings and direct consultation. The purpose of meetings and direct consultation is to
elicit specific information to be integrated into the body of data submitted to the authorized
officer as a basis for decision making.
Consultation and coordination meetings should be narrowly focused on the proposed BLM
action, or the planning area involved, with the goal of developing: (1) a specific description
of the places and/or values at issue; and (2) potential management options to avoid or
minimize any negative consequences to Native American cultural and religious values and
practices.
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
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