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Common use of Tribal Consultation Clause in Contracts

Tribal Consultation. A. In accordance with Section 101(d)(6)(B) and Section 110 of NHPA, the FS shall consult with Indian tribes that attach traditional religious and cultural significance to historic properties that may be affected by FS undertakings. The FS shall use the principles in the USDA Forest Service policy, Consultation with American Indian and Alaska Native Tribes (FSM 1563.06) to guide its tribal consultation procedures and relationships. This policy underscores the unique legal and political relationship the United States Government has with federally-recognized Indian tribes, including trust responsibilities, government-to-government relationships, consultation responsibilities (E.O. 13175, “Consultation and Coordination with Indian Tribal Governments”) and protection of sacred sites (E.O. 13007, “Indian Sacred Sites”). B. As early as possible in the planning process, but no later than the identification stage, the FS shall consult with Indian tribes to determine if any historic properties of traditional cultural or religious significance are present within an undertaking’s area of potential effect. The FS shall ensure that Indian tribes receive quarterly NEPA lists of proposed actions and that Indian tribes are maintained on NEPA mailing lists. In addition, the FS shall utilize periodic meetings, supplemental project lists, and project-specific consultation requests as needed to assure that Indian tribes have the opportunity to identify historic property concerns and to participate as consulting parties in all aspects of consultation for projects that are of interest to them. C. When it is determined that an undertaking may affect a property identified by a Tribe as having traditional cultural or religious significance, the FS shall consult further with the Tribe regarding the identification, evaluation, assessment of effects, and the resolution of adverse effects, if applicable, with respect to the property. D. Indian tribes contacted and tribal concerns and recommendations derived from the consultation process shall be documented and addressed in the inventory report and NEPA project file, consistent with the confidentiality considerations in III.G. E. In accordance with 36 CFR 800.2(c)(ii)(E), Forests are encouraged to develop consultation Memoranda of Understanding (MOU) with Indian tribes. Such MOUs will recognize government-to-government relationships and will specify how individual Indian tribes wish to be consulted in the Section 106 process. Copies of signed MOUs will be provided to the SHPOs in the affected states and the Council. F. The FS will coordinate tribal consultation under this Agreement with its consultation responsibilities under other statutes, including the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) and ARPA. G. The FS shall be sensitive to tribal concerns and rights regarding confidentiality and privacy and shall protect sensitive information to the fullest extent permitted by law, using applicable provisions and exemptions of Section 304 of NHPA, Section 9 of ARPA, and Section (b) of the Freedom of Information Act. H. The FS does not conduct undertakings on tribal lands; however if the FS determines that one of its undertakings may affect historic properties on tribal lands, and the tribe has assumed the responsibilities of the SHPO under Section 101(d)(2) of NHPA, the FS shall consult with the Tribal Historic Preservation Officer in accordance with 36 CFR 800.2(c)(2)(A) regarding effects on those properties and shall follow the consultation procedures in 36 CFR 800 rather than the procedures in this Agreement.

Appears in 2 contracts

Samples: Programmatic Agreement, Programmatic Agreement

Tribal Consultation. A. In accordance compliance with Section 101(d)(6)(BChapter 10, Consultation with Indian Tribes and Alaska Native Corporations of the Forest Service Handbook titled American Indian and Alaska Native Relations Handbook (FSH 1509.13), the Forest Service shall engage Tribes in government-to-government consultation throughout the duration of the Undertaking through in-person meetings, telephone calls, and on-site field visits. Information and documents will be provided to the Tribes via mail, email, or in person. B. The Forest Service has prepared for the purposes of this project a Tribal Consultation Plan (see Appendix F) that was distributed to the Tribes and Signatories on October 29, 2019, for a 30-day comment period. Comments received were considered for incorporation into the final Tribal Consultation Plan. The Tribal Consultation Plan procedures will be used by the Forest Service for continuing consultation after the execution of this Agreement (see Appendix S of the final EIS for the list of tribal consultation conducted to date). Consultation will be flexible and tailored to feedback from each Tribe. The Forest Service will take every opportunity to accommodate tribal preferences for how consultation will be conducted. C. Per the Tribal Consultation Plan (see Appendix F of this Agreement), the Tonto National Forest Supervisor, or other Tonto National Forest line officer as designated by the Forest Supervisor, and the appropriate tribal relations personnel will meet at least once per year with each consulting Tribe for the duration of this Agreement to provide updates on the implementation of the Agreement and status of the Undertaking. Additional meetings with the associated cultural groups (Apache, Akimel X’xxxxx, Puebloan, and Yavapai) will be accommodated as requested. Project updates will be regularly provided via telephone, email, and formal letter correspondence to tribal leaders and representatives. D. Pursuant to 36 CFR 800.2(c)(2) and Section 110 of NHPA36 CFR 800.4, the FS shall Forest Service and other Federal land- managing agencies will make a good-faith effort to consult with Indian tribes Tribes on the identification of all historic properties, with an emphasis on those that attach have traditional religious and cultural significance importance to one or more tribes, evaluations of NRHP-eligible historic properties that may be affected effected by FS undertakings. The FS shall use the principles in the USDA Forest Service policy, Consultation with American Indian and Alaska Native Tribes (FSM 1563.06) to guide its tribal consultation procedures and relationships. This policy underscores the unique legal and political relationship the United States Government has with federally-recognized Indian tribes, including trust responsibilities, government-to-government relationships, consultation responsibilities (E.O. 13175, “Consultation and Coordination with Indian Tribal Governments”) and protection of sacred sites (E.O. 13007, “Indian Sacred Sites”). B. As early as possible in the planning process, but no later than the identification stage, the FS shall consult with Indian tribes to determine if any historic properties of traditional cultural or religious significance are present within an undertaking’s area of potential effect. The FS shall ensure that Indian tribes receive quarterly NEPA lists of proposed actions and that Indian tribes are maintained on NEPA mailing lists. In addition, the FS shall utilize periodic meetings, supplemental project listsUndertaking, and project-specific consultation requests as needed to assure that Indian tribes have the opportunity to identify historic property concerns and to participate as consulting parties in all aspects of consultation for projects that are of interest to them. C. When it is determined that an undertaking may affect a property identified by a Tribe as having traditional cultural or religious significance, the FS shall consult further with the Tribe regarding the identification, evaluation, assessment of effects, and the resolution of adverse effects, if applicable, with effects as described in Stipulations VI through IX. This process will also fulfill the State Trust tribal consultation responsibility under ARS 41-2051. E. All parties to this Agreement shall respect confidentiality concerns expressed by Tribes to the propertyextent allowed by law (see Stipulation XIII). D. Indian tribes contacted and tribal concerns and recommendations derived from the consultation process shall be documented and addressed in the inventory report and NEPA project file, consistent with the confidentiality considerations in III.G. E. In accordance with 36 CFR 800.2(c)(ii)(E), Forests are encouraged to develop consultation Memoranda of Understanding (MOU) with Indian tribes. Such MOUs will recognize government-to-government relationships and will specify how individual Indian tribes wish to be consulted in the Section 106 process. Copies of signed MOUs will be provided to the SHPOs in the affected states and the Council. F. The FS will coordinate tribal consultation under this Agreement with its consultation responsibilities under other statutes, including the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) and ARPA. G. The FS shall be sensitive to tribal concerns and rights regarding confidentiality and privacy and shall protect sensitive information to the fullest extent permitted by law, using applicable provisions and exemptions of Section 304 of NHPA, Section 9 of ARPA, and Section (b) of the Freedom of Information Act. H. The FS does not conduct undertakings on tribal lands; however if the FS determines that one of its undertakings may affect historic properties on tribal lands, and the tribe has assumed the responsibilities of the SHPO under Section 101(d)(2) of NHPA, the FS shall consult with the Tribal Historic Preservation Officer in accordance with 36 CFR 800.2(c)(2)(A) regarding effects on those properties and shall follow the consultation procedures in 36 CFR 800 rather than the procedures in this Agreement.

Appears in 1 contract

Samples: Programmatic Agreement

Tribal Consultation. A. In accordance with Section 101(d)(6)(B) and Section 110 of NHPA, the FS a. The FM&S shall consult with Indian tribes Tribes that attach traditional religious and cultural significance to historic properties that may be affected by FS FM&S undertakings. The FS FM&S shall use the principles in the USDA Forest Service policy, Consultation with American Indian and Alaska Native Tribes Corporations (FSM 1563.061563.1) and the Tribal Relations Strategic Framework for the Eastern Region, Northeastern Area State & Private Forestry, and Northern Research Station (2015) to guide its tribal consultation procedures and relationships. This policy underscores the unique legal and political relationship the United States Government has with federally-recognized Indian tribesFederally Recognized Tribes, including trust responsibilities, government-to-to- government relationships, consultation responsibilities (E.O. 13175, “Consultation and Coordination with Indian Tribal Governments”) and protection of sacred sites (E.O. 13007, “Indian Sacred Sites”). DRAFT b. As per 36 CFR §800.3(f)(2), the FM&S shall make a reasonable and good faith effort to identify any Federally Recognized Tribes that might attach religious and cultural significance to historic properties in the APE and invite them to be consulting parties. Such Federally Recognized Tribe that request in writing to be a consulting party shall be one. B. c. As early as possible in the planning process, beginning with scoping but no later than the identification stage, the FS FM&S shall consult with Indian tribes Federally Recognized Tribes to determine if any historic properties of traditional cultural or religious significance are present within an undertaking’s area of potential effect. The FS shall ensure that Indian tribes receive quarterly NEPA lists of proposed actions and that Indian tribes are maintained on NEPA mailing listsAPE. In addition, the FS FM&S shall utilize periodic meetings, supplemental project lists, and project-specific consultation requests as needed to assure that Indian tribes Federally Recognized Tribes have the opportunity to identify historic property concerns and to participate as consulting parties in all aspects of consultation for projects that are of interest to them. C. d. When it is determined that an undertaking may affect a property cultural resource identified by a Federally recognized Tribe as having traditional cultural or religious significance, the FS FM&S shall consult further with the Tribe regarding the identification, evaluationdetermination of eligibility, assessment of effects, and the resolution of adverse effects, if applicable, with respect to the property. D. Indian tribes contacted e. Federally Recognized Tribes contacted, and tribal concerns and recommendations derived from the consultation process process, shall be documented documented, and addressed in the inventory report and NEPA project fileDecision Memo, consistent with the confidentiality considerations in III.G.VIII.h below. E. f. In accordance with 36 CFR 800.2(c)(ii)(E§800.2(c) (ii) (E), Forests are the FM&S is encouraged to develop consultation Memoranda of Understanding (MOU) with Indian tribesFederally Recognized Tribes. Such MOUs will recognize government-to-to- government relationships and will specify how individual Indian tribes wish to be consulted in the Section 106 process. Copies of signed MOUs will be provided to the SHPOs in the affected states SHPO and the CouncilACHP. F. g. The FS FM&S will coordinate tribal consultation under this Agreement PA with its consultation responsibilities under other statutes, including the Native American Xxxxxx Protection and Repatriation Act (NAGPRA) and the Archeological Resources Protection Act (ARPA). G. h. The FS FM&S shall be sensitive to tribal concerns and rights regarding confidentiality and privacy and shall protect sensitive information to the fullest extent permitted by law, using applicable provisions and exemptions of Section 304 of NHPA, Section 9 of ARPA, and Section (b) of the Freedom of Information Act.. DRAFT H. i. The FS FM&S does not conduct undertakings on tribal lands; however if the FS Forest determines that one of its undertakings may affect historic properties on tribal lands, and the tribe has assumed the responsibilities of the SHPO under Section 101(d)(2) of NHPA, the FS FM&S shall consult with the Tribal Historic Preservation Officer (THPO) in accordance with 36 CFR §800.2(c)(2)(A) regarding effects on those historic properties and shall follow the consultation procedures in 36 CFR 36CFR §800 rather than the procedures in this AgreementPA.

Appears in 1 contract

Samples: Programmatic Agreement