Common use of Indian Tribes Clause in Contracts

Indian Tribes. The BLM has made a reasonable and good faith effort to identify each Indian tribe that has cultural ties to, or whose direct ancestors had historic or pre-historic ties to, GWD Project areas, such that the tribe may attach religious and cultural significance to 1 No structures in excess of 100-feet in height are currently in the plans for the GWD project, and none are expected in the future. historic properties in Project APEs as determined by BLM in accordance with the BLM Section 8120 Manual and Handbook, and the BLM has listed the tribes identified as such to date as Identified Indian Tribes in Appendix C attached hereto. a. With regard to any historic property(ies) that may be affected by the Project, to which property(ies) an Indian tribe attaches religious and cultural significance, BLM shall consult with any such Indian tribe with regard to such property(ies). b. BLM will designate those agency managers who are authorized to speak for and commit the BLM and consult with Indian tribes in section 106 matters for the Project. Designated BLM managers will contact the Identified Indian Tribe and request that each such tribe identify to the BLM in writing one or more tribal members whom the tribal government authorizes to speak for and commit the tribe and consult with BLM for section 106 matters involving the Project. c. The BLM will seek to determine, with the assistance of each Identified Indian Tribe, whether such Identified Indian Tribe attaches religious and cultural significance to one or more historic properties, including TCPs that may be affected by the GWD Project, and will further seek in consultation with such tribe to identify and assess the eligibility of each such property. d. The BLM in its discretion may designate as a consulting party any Indian tribe, even if such tribe does not attach religious and cultural significance to a historic property that may be affected by the Project. Any Indian Tribe that is not a consulting party may nevertheless participate in the section 106 review by submitting comments to the BLM regarding the Project, by discussing the project with BLM representatives, by responding to inquiries from BLM managers or staff, or by providing information and the views of that tribe concerning cultural resources or historic properties that will or may be affected by the Project Any Indian tribal government, or its authorized representative, that expresses to BLM in writing that the tribe does not wish to participate as a consulting party in the section 106 review for the GWD Project shall thereafter not be a consulting party for the Project, except that the tribe may rejoin the section 106 review as a consulting party at any time by written notice to the BLM. e. BLM recognizes that Indian tribes may be reluctant to divulge specific information regarding the location, nature or activities associated with historic, pre-historic or spiritual sites and properties. BLM shall address concerns raised by any tribe about confidentiality pursuant to section 304 of the NHPA (16 U.S.C. § 470w-3) and section 9 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. § 470hh; 43 C.F.R. § 7.3) (ARPA). f. Subject to prior BLM authorization, and as allowed by the relevant Indian tribe(s), SNWA, or cultural resource consulting firms working for SNWA, may make contacts with tribes in order to collect information from such tribes for purposes such as identification of historic properties, including TCPs, for section 106 compliance, but neither SNWA nor any of its consulting firms shall negotiate or make commitments for the BLM, or otherwise exercise, or give the appearance of exercising, BLM’s tribal consultation authority, without express written consent from the relevant tribal government. g. BLM will continue throughout this section 106 review to consult meaningfully with Identified Indian tribes interested in pursuing such consultation, to continue to afford such tribes opportunities to identify to BLM cultural resources that may be eligible for the National Register, and to urge such tribes to identify to BLM historic properties (including eligible TCPs) to which that tribe attaches religious and cultural significance that may be affected by the GWD Project. Such consultations may include site visits that BLM determines are reasonably necessary in the scope of this section 106 review. h. BLM has invited all Identified Indian Tribes to execute this Agreement as concurring parties. By signing as a concurring party, an Indian tribe obtains the right to participate in the section 106 review of this Project as provided in this Agreement, and concurs that this Agreement is proper under the NHPA and the ACHP’s regulations. Execution of this Agreement as a concurring party does not imply endorsement or approval of the GWD Project itself, or limit or restrict in any way the concurring party’s right to object to, petition against, litigate against or in any other way express or advance critical or negative comments toward, the GWD Project or its proponent.

Indian Tribes. The BLM BL M has made a reasonable reas onable and good faith effort e ffort to identify each Indian tribe that has cultural ties to, or whose direct ancestors had historic or pre-historic prehistoric ties to, GWD Project areas, such that the tribe may m ay attach religious and cultural significance cultu ral sig nificance to 1 No structures in excess of 100-feet in height are currently in the plans for the GWD project, and none are expected in the future. historic properties in Project APEs as determined de termined by BLM in accordance acco rdance with the th e BLM Section 8120 Manual and Handbook, and the BLM has listed the tribes identified as such to date as Identified Indian Tribes in Appendix C attached heretoa Whereas clause above. a. With BLM shall continue to consult with any Identif ied Indian Tr ibe, irrespective of whether or not such tribe( s) sig xxx this Agreem ent, with regard to any historic property(ies) to which suc h tribe attac hes religious and cultural significance that may m ay be affected by the Project, to which property(ies) an Indian tribe attaches religious and cultural significance, P roject. Such consultations may include site v isits that BLM shall consult with any such Indian tribe with regard to such property(ies)determ xxxx are reason ably necessary in the scope of this section 106 compliance. b. BLM will designate those agency BLM managers who are authorized to speak for and commit comm it the BLM and consult with Indian tribes in for section 106 matters compliance for the Project. Designated Design ated BLM managers m anagers will contact con tact the Identified Indian Tribe Trib es and request that each such tribe identify to the BLM in writing one or more tribal members whom the tribal government governm ent authorizes to speak for and commit comm it the tribe and consult with BLM for section 106 matters compliance involving the Project. c. The BLM will seek to determinedeterm ine, with w ith the assistance ass istance of each Identified Identif ied Indian Tribe, whether such su ch Identified Indian Tribe attaches religious and an d cultural significance to one or more m ore historic propertiespr operties, including TCPs PRCSs that may m ay be affected by the GWD ProjectPr oject, and will further seek in consultation with such tribe to identify iden tify and assess asse ss the eligibility elig ibility of each such property. d. The BLM in its discretion may m ay designate as a consulting party any Indian tribe, even if such tribe does not attach religious religiou s and cultural significance significan ce to a historic property that may m ay be affected a ffected by the Project, pursuant to 36 C.F.R. § 800.2(c)(5). Any A ny Indian Tribe tribe that is not designa xxx a consulting party may m ay nevertheless participate participat e in the section 106 review com pliance by submitting comments to the BLM regarding the ProjectProjec t, by discussing the project Project with BLM representatives, by responding to inquiries from BLM managers or staff, or by providing information in formation and the views of that tribe tr ibe concerning cultural resources or historic histor ic properties that will or may m ay be affected by the Project Project. Any Indian tribal government, or its authorized representative, that expresses exp resses to BLM B LM in writing that the tribe trib e does not wish to participate as a consulting party in the section 106 review compliance for the GWD Project shall thereafter not be a consulting party for the Project, except that the tribe may rejoin the section 106 review compliance as a consulting party at any time by written notice to the BLM. e. BLM recognizes recog nizes that Indian tribes may trib es m ay be reluctant to divulge specific specif ic information regarding regard ing the location, nature or activities associated activ ities as sociated with historic, pre-historic or spiritual sites p rehistoric o r s piritual site s and properties. BLM shall address concerns raised by any tribe about confidentiality c onfidentiality pursuant to section 304 of the NHPA (16 U.S.C. § 470w-3) and section 9 of ). BLM will protect such inform ation from public release to the Archaeological Resources Protection Act of 1979 (16 U.S.C. § 470hh; 43 C.F.R. § 7.3) (ARPA)extent allowed by law. f. Subject to prior BLM authorization, and as allowed by the relevant Indian tribe(s), SNWA, or cultural resource consulting firms working for SNWA, may make contacts with tribes in order o rder to collect colle ct information from f rom such tribes for purposes such as identification identifica tion of historic propertiespr operties, including TCPsPRCSs, for section 106 compliancecom pliance, but neither SNWA SNW A nor any of its consulting firms f irms shall negotiate n egotiate o r m ake commitm ents f or make commitments for the BLM, or o r otherwise exercise, or give gi ve the appearance ap pearance of exercisingexercis ing, BLM’s tribal consultation authority, without BL M having obtained express written consent from the relevant tribal government. g. BLM will continue throughout this section 106 review to consult meaningfully with Identified Indian tribes interested in pursuing such consultation, to continue to afford such tribes opportunities to identify to BLM cultural resources that may be eligible for the National Register, and to urge such tribes to identify to BLM historic properties (including eligible TCPs) to which that tribe attaches religious and cultural significance that may be affected by the GWD Project. Such consultations may include site visits that BLM determines are reasonably necessary in the scope of this section 106 review. h. BLM has invited all Identified Indian Tribes to execute this Agreement as concurring parties. By signing as a concurring party, an Indian tribe obtains the right to participate in the section 106 review of this Project as provided in this Agreement, and concurs that this Agreement is proper under the NHPA and the ACHP’s regulationsConcurring Parties. Execution of this th is Agreement as a concurring party Concurring Party does not imply endorsement endorsem ent or approval approva l of the GWD Project itself, or limit or restrict r estrict in any way the concurring partyC oncurring Party’s right ri ght to object to, petition againstaga inst, litigate litig ate against or in any other way express or advance critical or negative comments toward, the GWD Project or its proponent.

Indian Tribes. The BLM has made a reasonable and good faith effort to identify each Indian tribe that has cultural ties to, or whose direct ancestors had historic or pre-historic prehistoric ties to, GWD Project areas, such that the tribe may attach religious and cultural significance to 1 No structures in excess of 100-feet in height are currently in the plans for the GWD project, and none are expected in the future. historic properties in Project APEs as determined by BLM in accordance with the BLM Section 8120 Manual and Handbook, and the BLM has listed the tribes identified as such to date as Identified Indian Tribes in Appendix C attached heretoa Whereas clause above. a. With BLM shall continue to consult with any Identified Indian Tribe, irrespective of whether or not such tribe(s) signed this Agreement, with regard to any historic property(ies) to which such tribe attaches religious and cultural significance that may be affected by the Project, to which property(ies) an Indian tribe attaches religious and cultural significance, . Such consultations may include site visits that BLM shall consult with any such Indian tribe with regard to such property(ies)determines are reasonably necessary in the scope of this section 106 compliance. b. BLM will designate those agency BLM managers who are authorized to speak for and commit the BLM and consult with Indian tribes in for section 106 matters compliance for the Project. Designated BLM managers will contact the Identified Indian Tribe Tribes and request that each such tribe identify to the BLM in writing one or more tribal members whom the tribal government authorizes to speak for and commit the tribe and consult with BLM for section 106 matters compliance involving the Project. c. The BLM will seek to determine, with the assistance of each Identified Indian Tribe, whether such Identified Indian Tribe attaches religious and cultural significance to one or more historic properties, including TCPs PRCSs that may be affected by the GWD Project, and will further seek in consultation with such tribe to identify and assess the eligibility of each such property. d. The BLM in its discretion may designate as a consulting party any Indian tribe, even if such tribe does not attach religious and cultural significance to a historic property that may be affected by the Project, pursuant to 36 C.F.R. § 800.2(c)(5). Any Indian Tribe tribe that is not designated a consulting party may nevertheless participate in the section 106 review compliance by submitting comments to the BLM regarding the Project, by discussing the project Project with BLM representatives, by responding to inquiries from BLM managers or staff, or by providing information and the views of that tribe concerning cultural resources or historic properties that will or may be affected by the Project Project. Any Indian tribal government, or its authorized representative, that expresses to BLM in writing that the tribe does not wish to participate as a consulting party in the section 106 review compliance for the GWD Project shall thereafter not be a consulting party for the Project, except that the tribe may rejoin the section 106 review compliance as a consulting party at any time by written notice to the BLM. e. BLM recognizes that Indian tribes may be reluctant to divulge specific information regarding the location, nature or activities associated with historic, pre-historic prehistoric or spiritual sites and properties. BLM shall address concerns raised by any tribe about confidentiality pursuant to section 304 of the NHPA (16 U.S.C. § 470w-3) and section 9 of ). BLM will protect such information from public release to the Archaeological Resources Protection Act of 1979 (16 U.S.C. § 470hh; 43 C.F.R. § 7.3) (ARPA)extent allowed by law. f. Subject to prior BLM authorization, and as allowed by the relevant Indian tribe(s), SNWA, or cultural resource consulting firms working for SNWA, may make contacts with tribes in order to collect information from such tribes for purposes such as identification of historic properties, including TCPsPRCSs, for section 106 compliance, but neither SNWA nor any of its consulting firms shall negotiate or make commitments for the BLM, or otherwise exercise, or give the appearance of exercising, BLM’s tribal consultation authority, without BLM having obtained express written consent from the relevant tribal government. g. BLM will continue throughout this section 106 review to consult meaningfully with Identified Indian tribes interested in pursuing such consultation, to continue to afford such tribes opportunities to identify to BLM cultural resources that may be eligible for the National Register, and to urge such tribes to identify to BLM historic properties (including eligible TCPs) to which that tribe attaches religious and cultural significance that may be affected by the GWD Project. Such consultations may include site visits that BLM determines are reasonably necessary in the scope of this section 106 review. h. BLM has invited all Identified Indian Tribes to execute this Agreement as concurring parties. By signing as a concurring party, an Indian tribe obtains the right to participate in the section 106 review of this Project as provided in this Agreement, and concurs that this Agreement is proper under the NHPA and the ACHP’s regulationsConcurring Parties. Execution of this Agreement as a concurring party Concurring Party does not imply endorsement or approval of the GWD Project itself, or limit or restrict in any way the concurring partyConcurring Party’s right to object to, petition against, litigate against or in any other way express or advance critical or negative comments toward, the GWD Project or its proponent.