Federally Recognized Tribes Clause Samples
Federally Recognized Tribes. Federally Recognized Tribes with a specific interests or concerns regarding the Reinitiation of Consultation on the Coordinated Long-term Operation ofthe CVP and SWP, will be invited by Reclamation to become a cooperating agency for the associated NEPA process. As a cooperating agency, these Federally Recognized Tribes will participate in the development and review ofthe EIS and identify issues and provide information to be considered. Moreover, Reclamation leadership will engage in Government-to-Government consultation ifrequested by the Federally Recognized Tribe(s), seeking their input and considering their interest as a necessary and integral part ofthe decision-making process.
Federally Recognized Tribes. 1. USACE acknowledges that Federally-recognized Tribes possess special expertise in assessing the National Register eligibility of properties with religious and cultural significance to that particular Tribe. Tribal leaders, and as appropriate, their representatives, shall designate an individual(s) for the Tribe’s review of Undertakings affecting properties with religious and cultural significance to that particular Tribe. Designations such as this will follow the intent and processes laid out in USACE’s 2012 Tribal Consultation Policy.
2. Federally-recognized Tribes (THPOs and other designees) may coordinate with USACE, to identify Consulting Parties, including any communities, organizations, or individuals that may have an interest in a specific Undertaking and its effects on historic properties.
3. Federally-recognized Tribes (THPOs and other designees) may consult with USACE regarding USACE’s determination of the APE, National Register eligibility, and findings of effect responding within timeframes set out in Stipulation V.
4. On a per Work Item basis, Federally-recognized Tribes (THPOs and other designees) may provide, as part of the consultation, available information about historic properties (such as access to site files, GIS data, survey information, geographic areas of concern) for the purposes of addressing effects to historic properties. Only Qualified Staff, per Stipulation VI A. 1. shall be afforded access to protected historic property information. USACE and any Federally-recognized Tribe may execute a written agreement to clarify and memorialize data sharing, if it extends beyond any basic fee structure or access schedule.
5. Federally-recognized Tribes (THPOs and other designees) shall be reasonably available as a resource and for consultation through site visits, written requests, telephone conversations or electronic media. In those instances where consultation has occurred, USACE shall provide a written summary via e-mail or regular mail to THPO, including any decisions that were reached.