Common use of Federally Recognized Tribes Clause in Contracts

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.

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) decide the individual for the Tribe who meets appropriate qualifications/standards for the Tribe’s review of Undertakings the Undertaking 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 the 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 Areas of Potential Effects (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. 1VI. shall be afforded access to protected historic property information. USACE and any Federally-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 may 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.