Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 6
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H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
C. What is Consultation?
Consultation has 4 essential elements:
• Identifying appropriate tribal governing bodies and individuals from
whom to seek input.
• 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.
• Treating tribal information as a necessary factor in defining the range of
acceptable public-land management options.
• Creating and maintaining a permanent record to show how tribal
information was obtained and used in the BLM's decisionmaking process.
Who is a tribe? This Handbook frequently uses the terms "Indian tribe" and "tribe"
without expanding on the meaning. Either term can be understood to mean a federally
recognized tribal government, whether in the Lower 48 or Alaska, whether the people
would call themselves American Indians or Alaska Natives. Recognized tribes are self-
governing entities that enjoy a government-to-government relationship with the United
States. For further definition, see Manual Section 8120.08 and glossary. For the definitive
list, see BIA's more or less annual
listing and occasional
F
R
F
R
EDERAL
EGISTER
EDERAL
EGISTER
updates. (Note: At this writing the BIA Web site is closed. When it returns to the Web, it
should again publish an up-to-date, Web-accessible list. Meanwhile, several non-BIA Web
sites have similar lists that can be used for general information but should not be
considered authoritative.)
The U.S. Government's representative. Just as it is important to determine who is
empowered to speak for the tribe and to ensure that the BLM is consulting with the
appropriate individuals, the BLM owes the tribes the same courtesy. Except when
discussions are at the preliminary staff-to-staff stage, the BLM's representative must be
authorized to speak for the BLM and must be adequately knowledgeable about the matter
at hand. Generally speaking, this will be the appropriate line manager.
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
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