Tribal Consultation and Participation. 164 The Forest Service shall consult with Alaska Native Tribes and Alaska Native 165 Corporations about properties of interest to them that may be affected by Forest 166 Service undertakings pursuant to 36 CFR 800.2(c)(2). This consultation will be conducted 167 in a manner that reflects the nature and complexity of each undertaking and its 168 potential effects on historic properties during planning and implementation, regardless 169 of whether the Agreement applies or not. Property types may include, but are not 170 limited to: sacred sites as defined in Executive Order 13007 , Indian Sacred Sites and in 171 FSM 1563.05; sacred places as defined in FSM 1563.05; traditional use areas that may 172 relate to the practice of traditional religions as described in American Indian Religious 173 Freedom Act (42 USC 1996); Native American xxxxxx under Native American Xxxxxx 2 Formerly Section 112 174 Protection and Repatriation Act (NAGPRA) (25 USC 3001 et seq.); and Traditional 175 Cultural Properties (TCPs) in accordance with 36 CFR 800 and FSM 2363.17.
Tribal Consultation and Participation. 148 The FS shall consult with Alaska Native Tribes and Alaska Native Corporations about Commented [TT8]: I think this is co-mingling two different things – we must consult with tribes/corps regardless of the religious/cultural significants/or sacredness of sites. If we leave this at potential properties that may be affected, but this also add a sentence that describes that we are aware of the need to be particularly concerned with religious etc. that might cover it (?) Also need to include Traditional Cultural Properties. Commented [HK-9]: Version 2 read ‘cultural resources of concern’ Commented [HK-10]: Xxxxxxx proposes the following ‘The FS shall consult with Alaska Native Tribes and Alaska Native Corporations about properties of interest to the Tribes and Corporations that may be affected by FS undertakings pursuant to 36 CFR 800.2(c)(2) in a manner that reflects the nature and complexity of each undertaking and its potential effects on historic properties during planning and implementation regardless of whether the PA applies or not. Property types may include, but are not limited to sacred sites as defined in EO13007 and in FSM 1563.05, Traditional Use Areas that may relate to the practice of traditional religions as described in AIRFA (42USC 1996 and 1996a); Native American xxxxxx under NAGPRA; and Traditional Cultural Properties in accordance with the FSM 2363.17.’ Commented [TT11]: Re to check when all said and done. 149 potential properites of religious and cultural significance or sacreds sites or sacred 150 places as defined in FSM 1563.05 that may be affected by FS undertakings pursuant to 151 36 CFR 800.2(c)(2) in a manner that reflects the nature and complexity of each 152 undertaking and its potential effects on historic properties during planning and 153 implementation regardless of whether the PA applies or not.
Tribal Consultation and Participation. The Forest Service shall consult with Alaska Native Tribes and Alaska Native Corporations about properties of interest to them that may be affected by Forest Service undertakings pursuant to 36 CFR 800.2(c)(2). This consultation will be conducted in a manner that reflects the nature and complexity of each undertaking and its potential effects on historic properties during planning and implementation, regardless of whether the Agreement applies or not. Property types may include, but are not limited to: sacred sites as defined in Executive Order 13007 , Indian Sacred Sites and in FSM 1563.05; sacred places as defined in FSM 1563.05; traditional use areas that may relate to the practice of traditional religions as described in American Indian Religious Freedom Act (42 USC 1996); Native American xxxxxx under Native American Xxxxxx Commented [CD7]: The previous PA contained a much more detailed discussion on tribal consultation including when this consultation would occur (typically as early as possible), how effects could be addressed, the development of MOUs, and how to handed confidentiality concerns. In my cold read of the document this does not seem as apparent as the previous agreement. How is this being addressed and why the major change from the previous agreement. Commented [HK-8]: Add more about identification. 2 Formerly Section 112 178 Protection and Repatriation Act (NAGPRA) (25 USC 3001 et seq.); and Traditional 179 Cultural Properties (TCPs) in accordance with 36 CFR 800 and FSM 2363.17.
Tribal Consultation and Participation
