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<br />QQS16 <br /> <br />REVISED DRAFT (#10)- August 11.2004 <br />Clean Version <br /> <br />Although the FEIS refers to the PA as the "Programmatic Agreement on Cultural <br />Resources." it must be noted that the PA addresses compliance with NHPA section 106 <br />and the ACHP regulations (36 CFR part 800). The P A does not address two other federal <br />cultural resource statutes that are implicated in the effects of the operation of Glen <br />Canyon Dam on the Colorado River Corridor: the Native American Graves Protection <br />and Repatriation Act (NAGPRA) and the Archaeological Resources Protection Act <br />(ARPA). (NAGPRA is not just a "cultural resources" statute - in the legislative history <br />the Senate Committee on Indian affairs described it as "human rights" legislation. The <br />"Consequences" chapter of the FEIS includes NAGPRA under the heading "Indian trust <br />assets." FEIS, page 318.) Both NAGPRA and ARPA establish legal requirements <br />distinct from NHP A. This Tribal Consultation Plan does include provisions addressing <br />both NAGPRA and ARPA. Protocols for consultation with tribes for purposes ofNHP A, <br />NAGPRA and ARPA are set out in Part 5 of this Consultation Plan. <br /> <br />D. Settings for Consultation <br /> <br />[NOTE: The three paragraphs below have been moved from what was Part 8 and <br />substantially reworked, The term "Settings" is used here although the previous draft used <br />the term "contexts." In this draft, we have used the term "types" of consultation to <br />distinguish between consultation for the AMP and that for the PAlHPP, and in <br />explanation of the different ''types'' ofconsultation, I used the word "contexts,"] <br /> <br />This Consultation Plan recognizes that consultation may occur in three different <br />~inds of settmgs: (a) as part of on-going consultatIve relationships among the tribal <br />parties and federaftFgencies; ~ within the framework of regularly-scheduled meetings as <br />part of the AMP or the HPP; and (c) when specific actions trigger requirements for <br />compliance with federal statutes IDi"d regulations. These three kinds of settings can be <br />seen as a spectrum from general to specific. This Consultation Plan seeks to maximize <br />the extent to which consultation takes place within, or in conjunction with, regularly <br />scheduled meetings, both thosc for the AMP and those for the HPP. Part 4 sets out <br />provisions for conducting consultation in the context of AMP meetings, and Part 5 sets <br />out provisions for conducting consultation in the context of HPP meetings. In both parts, <br />scheduled meeting scheduled are intended to foster the development of ongoing <br />consultative relationships between each tribe and each federal agency. <br /> <br />In some situations, activities that affect certain kinds of resources may require <br />consultation outside the setting of regularly scheduled meetings. The Colorado River <br />corridor downstream of Glen Canyon Dam contains many places and resources that are <br />important to one or more of the Tribes for a variety of reasons, including cultural, <br />religious and/or historic reasons. Many of these places and resources are subject to the <br />provisions of federal laws and regulations - NEPA, NHPA, NAGPRA and ARPA - that <br />contain specific requirements for consultation with Indian tribes. The categories that are <br />used to describe these places and resources often overlap, and some of these places and <br />resources are subject to the provisions of two, three or all four of these statutes. Some of <br />these places are also locations at which activities have been taken or are planned under <br />the auspices of the AMP to carry out the policies of the Endangered Species Act (ESA). <br /> <br />7 <br />