Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 44
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45App. 1 - 4
H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
The following four examples illustrate situations for which payment for
services may be considered:
1. BLM requests assistance in documenting and evaluating a place used for
traditional purposes. An Indian tribe has informed BLM of a specific place where
its members have conducted traditional ceremonies for generations (i.e., a
"traditional cultural property"). From the information provided by the tribe, BLM
determines that the property meets the National Register criteria but requests
assistance in more thoroughly documenting and evaluating the property in the field
to meet broader responsibilities under the Federal Land Policy and Management
Act. The tribe offers the expertise of a traditional practitioner who agrees to
accompany BLM personnel to the property and assist in its documentation, but only
if he is paid for his time and travel. In such a case, BLM payment for the services
rendered by the traditional expert may be appropriate.
2. BLM requests assistance in analyzing or interpreting cultural materials. An
archaeological site identified during a field inventory contains artifacts unfamiliar
to the archaeologist. The archaeologist shows the artifacts to local Native
Americans who recognize them as similar in appearance to objects they use in
traditional activities. The Native Americans offer to explain the manner in which
they use such objects if they are paid for this information. If BLM requests such
information, payment may be appropriate.
3. BLM requests information about traditional practices. An interdisciplinary
management plan is being developed for an area. In assessing current conditions,
questions are raised about how long the current plant species composition has
existed and how past land uses may have reduced or increased various species. The
BLM decides to gather information to better understand how humans have changed
the environment. Elders of the Indian tribe that historically occupied the area agree
to share their knowledge of traditional agricultural and horticultural practices if they
are paid for it. Payment for such information may be appropriate.
4. BLM requests tribal participation in preparing written reports or other
products. An archaeological site is excavated. During consultations with a local
Indian tribe prior to the excavation, BLM learns that the site figures prominently in
the tribe's oral histories and determines that the tribe's perspective would be a
valuable addition to the excavation report. The tribe is willing to assist in writing or
providing information for the report if it is paid for doing so. If BLM asks the tribe
to participate, payment to the tribe may be appropriate.
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
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