Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 39
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H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
J. How Much Consultation to Do
There is no simple measure of sufficiency of Native American consultation efforts. On a
case-by-case basis, unless there is a valid consultation agreement with the tribe, Field
Managers should evaluate the amount of consultation necessary based on the:
potential harm or disruption a proposed action could cause;
alternatives that would reduce or eliminate potential harm or
disruption;
completeness and appropriateness of the list of Native
American groups and individuals consulted;
nature of the issues raised;
intensity of concern expressed;
legal requirements posed by treaties (if any);
potential to resolve issues through further discussions; and
need for further consultation.
All such judgments should be well documented to assure a complete record of the
authorized officer's good faith efforts to identify, contact, consult, and respond to Native
American cultural concerns before reaching a decision.
In general, enough information should be developed to document how decisions were
reached when they may potentially affect Native American values associated with BLM-
administered lands and resources. It is important to keep in mind that many, perhaps most,
specific issues of Native American concern will not be issues associated with cultural
resources such as archaeological sites. (Rather, Native American cultural concerns are
likely to center on issues of access, collection and use of plants and animals, protection of
religious places, and incompatible land and resource uses.)
A good way to gauge whether consultation efforts have been sufficient is to consider
the degree to which an objective review of the decision record would find a good faith
effort to identify, notify, involve, and respond to all Native Americans potentially
affected by a proposed decision.
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
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