Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 7
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45II - 1
H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
Consulting under Cultural Resource Authorities
C
II.
HAPTER
"Cultural resource authorities" means the laws and executive orders listed and described
in Manual Section 8120.03. Some of these are implemented by regulations listed in Manual
Section 8120.05. This chapter characterizes the authorities that most often require cultural
resource specialists to consult with tribes. The next chapter, Chapter III, characterizes
general authorities – not cultural resource authorities – two of which (Federal Land Policy
and Management Act and National Environmental Policy Act) often provide the procedural
and scheduling framework for cultural resource-related consultation.
A. National Historic Preservation Act
Section 106 of the National Historic Preservation Act (NHPA) requires Federal agencies to
identify and consider potential effects that their undertakings might have on significant
historic properties. Specific provisions to consult with Indian tribes during Section 106
compliance were added to the Act through amendments in 1992 (See Manual Section 8100
Appendix 5, Section 101(d)(6)).
Section 101(d)(6) of the National Historic Preservation Act–
• Specifies that the traditional or historical importance an Indian
tribe attaches to a particular place may make the place eligible
for the National Register of Historic Places (i.e., an "historic
property" that is significant for purposes of the Act); and
• Directs agencies carrying out Section 106 compliance to
consult with any Indian tribe whose tradition or history may
contribute to the National Register eligibility of a potentially
affected property.
_______________
National Register eligibility is determined by evaluating a candidate property's
characteristics against the National Register criteria in 36 CFR 60.4. See BLM
Manual Section 8110. No property type enjoys categorical eligibility.
F
. 1. Provisions of Section 101(d)(6) of the National Historic
IG
Preservation Act.
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
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