Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 8
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45II - 2
H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
BLM-specific Section 106 compliance procedures. The BLM Director, the Chairman of
the Advisory Council on Historic Preservation (Council), and the President of the National
Conference of State Historic Preservation Officers approved a national Programmatic
Agreement (PA) in 1997 (see Manual Section 8100, Appendix 13, or Manual Section 8140,
Appendix 1). The PA authorizes BLM to comply with Section 106 by following its own
cultural resource program policies and procedures as found in the BLM 8100-Series
Manual Sections and Manual Handbooks. As part of implementing the PA, individual
BLM State Directors and SHPOs have executed State-specific protocols that guide how
they interact, exchange information, and complement one another's capabilities. The
principles of the national PA and BLM-SHPO protocols, and the procedural details in the
BLM Manuals and Handbooks replace the Council's regulations (36 CFR Part 800) and
associated Council guidance for routine compliance activities. For more complex cases, the
Council and SHPO may be asked to assist. (In Eastern States, where BLM holdings are
few, no protocols are in effect and compliance follows the provisions of 36 CFR Part 800.)
CONSULTATION FOR SECTION 106 PURPOSES
BLM consults with–
Purpose of consultation is–
● To identify tribally significant
religious or cultural properties that
Tribal representative(s)
may be eligible for the National
whom the tribal government
Register of Historic Places
has designated for this
● To understand tribal concerns
purpose
sufficiently to take into account the
effects that a proposed Federal
undertaking might have on eligible
properties
F
. 2.Tribal consultation for purposes of Section 106 of the
IG
National Historic Preservation Act.
Traditional Cultural Properties and Eligibility. Eligibility for the National Register of
Historic Places is a professional determination based on application of the National
Register criteria (36 CFR 60.4). Only those places that fulfill one or more of the National
Register criteria may be found eligible. No type of property is automatically, categorically
eligible, including traditional cultural properties. All candidate National Register-eligible
properties must be evaluated against the criteria. Those that do not meet the eligibility
standard are not subject to compliance with Section 106 of the National Historic
Preservation Act. This does not mean that they are without protection, only that the NHPA
is not the correct legal tool for protecting them.
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
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