Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 42
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45App. 1 - 2
H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
Basis for Consultation:
Legal Requirements..Requirements to notify and consult with Native Americans
under specific circumstances are included in the Archaeological Resources
Protection Act (P.L. 96-95), the Native American Graves Protection and
Repatriation Act (P.L. 101-601), the National Historic Preservation Act (P.L. 89-
665), and regulations implementing these laws. (See Chapter II.)
Native American coordination and consultation are also regularly conducted to
address the more general requirements in the American Indian Religious Freedom
Act (P.L. 95-341), the National Environmental Policy Act (P.L. 91-190), the
Federal Land Policy and Management Act (P.L. 94-579), and pertinent regulations.
Component of Normal Administrative Process. Inviting Native Americans to
identify and address issues of particular concern to them is a regular component of
the BLM's administrative process. BLM Manual Section 8120 and Handbook H-
8120-1 contain guidance for conducting Native American coordination and
consultation. As expressed and expanded on in the Manual Section, the BLM's
basic policy is to "consult with affected tribes to identify and consider their
concerns in BLM land use planning and decision making, and [to] document all
consultation efforts" (BLM Manual Section 8120.06E).
The Character of Consultation. Consultation consists of (a) identifying
appropriate tribal governing bodies and individuals from whom to seek input; (b)
conferring with appropriate tribal officials and/or individuals and asking for their
views regarding land use proposals or other pending BLM actions that might affect
traditional tribal activities, practices, or beliefs relating to particular locations on
public lands; (c) treating tribal information as a necessary factor in defining the
range of acceptable public-land management options; and (d) creating and
maintaining a permanent record to show how tribal information was obtained and
used in the BLM's decision making process." (BLM Handbook H-8120-1, I.C.).
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
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