Form H-8120-1 - Guidlines For Conductiong Tribal Consultation - Bureau Of Land Managment Page 9
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45II - 3
H-8120-1 - GUIDELINES FOR CONDUCTING TRIBAL CONSULTATION – (Public)
Planning. The best time to foresee and forestall potential conflicts between BLM-
authorized land uses and tribally significant historic properties is during land use planning
and its associated environmental impact review. Planning and environmental review
procedures are good ways to elicit information from tribes concerning "traditional cultural
properties" (TCPs) and other places with "traditional or historic importance" pursuant to
NHPA Sec. 101(d)(6). (See Ch. III.)
Tribal preservation concerns should be identified in spatial and programmatic terms, to
address in general the locales and the types of land use activities that would and would not
be of further tribal concern. Obtaining sufficient information at this early stage should
serve to reduce later project-level consultation. Agreements on criteria and procedures for
consulting with tribes about individual land use actions may be discussed at this time.
"Indian tribe" is specified in the Act. Section 101(d)(1) states the purpose "to assist
Indian tribes in preserving their particular historic properties." Section 101(d)(6) directs
agencies to weigh National Register eligibility for properties important to an Indian tribe,
and to consult with the Indian tribe over properties found eligible.
"(A) Properties of traditional religious and cultural importance to an Indian tribe or Native
Hawaiian organization may be determined to be eligible for inclusion on the National Register.
"(B) In carrying out its responsibilities under section 106 of this Act, a Federal agency shall
consult with any Indian tribe or Native Hawaiian organization that attaches religious and
cultural significance to properties described in subparagraph (A)."
National Historic Preservation Act Sec. 101(d)(6)
The Act is silent on consultation with non-recognized Indian groups and non-recognized
Alaska Native entities regarding properties of religious and cultural importance and Section
106.
Consolidating consultation efforts. Under Sec. 101(d)(6)(B) and Sec. 110(E)(ii), tribal
consultation may be called for when data recovery is being considered to mitigate adverse
effects on a property's scientific importance, if the property also has ascribed religious and
cultural significance. Where appropriate, such consultation opportunities may be used to
meet the separate consultation requirements of 43 CFR 7.7 and Sec. 3(c) of NAGPRA (see
II.B. and C.), as well as those of Sec. 101 and Sec. 110 of NHPA.
However, care must be taken to keep the several Acts' distinct legal purposes separate, so
that they do not become blended and confused in the various participants' minds. Losing
focus on individual laws' requirements, participants specified, and reasons for obtaining the
Native American input can result in omissions, mistakes, inappropriate expectations on the
Native Americans' part, and inadvertent noncompliance on the BLM's part.
BLM Manual
Rel. 8-75
Supersedes Rel. 8-65
12/03/04
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