Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 43
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45App. 1 - 3
H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
The BLM Should Accommodate Participation:
Avoid creating attendance difficulties. It is neither feasible nor appropriate for the
BLM to undertake the level of personal financial review set forth by the
Comptroller General to determine if compensation would be appropriate every time
consultation with Native Americans is required. Rather, the BLM should seek to
avoid creating circumstances where compensation for expenses might be requested.
Attempt to accommodate participation whenever possible. For example, the
BLM should routinely make efforts never to schedule public meetings on matters
potentially affecting Native Americans in places where it would be difficult for
potentially affected Native Americans to attend.
Broad Public Interest. A wide range of input is sought on the full spectrum of
BLM land use planning, environmental review, and proposed actions. It is essential
to the broad public interest that the BLM obtain full and substantive input as a basis
for its decisions. It is also important for the BLM to minimize controversy based on
a perception of partiality, or on an impression that opinions and information the
BLM receives might be colored by the BLM's compensation to a participant.
The BLM May Contract for Services:
Reports or other specific products. Nothing prevents the BLM from contracting
for the services of qualified Native American individuals, firms, or organizations,
through the BLM acquisition and procurement procedures, to produce in-depth
ethnographic reports or other specific products. Such services would not constitute
"consultation" as used in the BLM 8120 Manual and this issue analysis.
The BLM manager must fully comply with all Federal procurement rules. Care
must be exercised to prevent any expectations on the part of tribal officials, tribal
elders, or individual tribal members that BLM will routinely pay for input from
such parties. Where BLM's contract costs would be reimbursable, any form of
payment to Indian tribes should be coordinated with any affected project applicants
beforehand. The BLM does not request project applicants to contract directly with
Native American individuals, firms, or organizations. All payment should be
directed through the BLM using appropriate Federal procurement procedures.
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
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