[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR7.7]



[Page 206-207]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 7_PROTECTION OF ARCHAEOLOGICAL RESOURCES--Table of Contents

 

                      Subpart A_Uniform Regulations

 

Sec.  7.7  Notification to Indian tribes of possible harm to, or 

destruction of, sites on public lands having religious



or cultural importance.



    (a) If the issuance of a permit under this part may result in harm 

to, or destruction of, any Indian tribal religious or cultural site on 

public lands, as determined by the Federal land manager, at least 30 

days before issuing such a permit the Federal land manager shall notify 

any Indian tribe which may consider the site as having religious or 

cultural importance. Such notice shall not be deemed a disclosure to the 

public for purposes of section 9 of the Act.

    (1) Notice by the Federal land manager to any Indian tribe shall be 

sent to the chief executive officer or other designated official of the 

tribe. Indian tribes are encouraged to designate a tribal official to be 

the focal point for any notification and discussion between the tribe 

and the Federal land manager.

    (2) The Federal land manager may provide notice to any other Native 

American group that is known by the Federal land manager to consider 

sites potentially affected as being of religious or cultural importance.

    (3) Upon request during the 30-day period, the Federal land manager 

may meet with official representatives of any Indian tribe or group to 

discuss their interests, including ways to avoid or mitigate potential 

harm or destruction such as excluding sites from the permit area. Any 

mitigation measures which are adopted shall be incorporated into the 

terms and conditions of the permit under Sec.  7.9.

    (4) When the Federal land manager determines that a permit applied 

for under this part must be issued immediately because of an imminent 

threat of loss or destruction of an archaeological resource, the Federal 

land manager shall so notify the appropriate tribe.

    (b)(1) In order to identify sites of religious or cultural 

importance, the Federal land manager shall seek to identify all Indian 

tribes having aboriginal or historic ties to the lands under the Federal 

land manager's jurisdiction and seek to determine, from the chief 

executive officer or other designated official of any such tribe, the 

location and nature of specific sites of religious or cultural 

importance so that such information may be on file for land management 

purposes. Information on sites eligible for or included in the National 

Register of Historic Places may be withheld from public disclosure 

pursuant to section 304 of the Act of October 15, 1966, as amended (16 

U.S.C. 470w-3).

    (2) If the Federal land manager becomes aware of a Native American 

group that is not an Indian tribe as defined in this part but has 

aboriginal or historic ties to public lands under the Federal land 

manager's jurisdiction, the Federal land manager may seek to communicate 

with official representatives of that group to obtain information on 

sites they may consider to be of religious or cultural importance.

    (3) The Federal land manager may enter into agreement with any 

Indian tribe or other Native American group for determining locations 

for which such tribe or group wishes to receive notice under this 

section.



[[Page 207]]



    (4) The Federal land manager should also seek to determine, in 

consultation with official representatives of Indian tribes or other 

Native American groups, what circumstances should be the subject of 

special notification to the tribe or group after a permit has been 

issued. Circumstances calling for notification might include the 

discovery of human remains. When circumstances for special notification 

have been determined by the Federal land manager, the Federal land 

manager will include a requirement in the terms and conditions of 

permits, under Sec.  7.9(c), for permittees to notify the Federal land 

manger immediately upon the occurrence of such circumstances. Following 

the permittee's notification, the Federal land manager will notify and 

consult with the tribe or group as appropriate. In cases involving 

Native American human remains and other ``cultural items'', as defined 

by NAGPRA, the Federal land manager is referred to NAGPRA and its 

implementing regulations.



[49 FR 1027, Jan. 6, 1984, as amended at 60 FR 5260, 5261, Jan. 26, 

1995]