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<br />00517 <br /> <br />REVISED DRAFT (#10) - August II. 2004 <br />Clean Version <br /> <br />In this Consultation Plan, when the requirements of NEP A and/or ESA apply to a <br />matter for which some consultation with tribes is needed in addition to that which takes <br />place in the regularly scheduled meetings, the protocols for such additional consultation <br />are set out in Part 4. When the requirements ofNHPA, NAGPRA and/or ARPA apply to <br />a matter for which some consultation with tribes is needed in addition to that which takes <br />place in the regularly scheduled meetings, the protocols for such additional consultation <br />are set out in Part 5. <br /> <br />E. Relationship of this Consultation Plan to Tribal Law <br /> <br />As noted above, activities taken under the auspices of the AMP or PAlHPP are <br />generally subject to tribal law if conducted within reservation boundaries. This <br />Consultation Plan does not provide detailed guidance on how to comply with tribal law. <br />TIrrough consultation as described in this Consultation Plan, applicable tribal laws can be <br />identified and steps taken to ensure compliance. <br /> <br />PART 2. LEGAL BASICS FOR THE FEDERAL GOVERNMENT'S RELA nONS WITH THE <br />TRIBES <br /> <br />[NOTE: The text in this part incorporates changes recommended by NPS-GCNP, and it <br />also has been rearranged somewhat by using four headings (A. Tribal Sovereignty; B. <br />Trust Responsibility; C. Govemment-to-Govemment Relationship; D. Tribal Territorial <br />Jurisdiction) rather than two in the previous draft (A. Tribal Sovereignty and Trust <br />Responsibility; and B, Government-to-Government Relationship). The new heading for <br />Tribal Territorial Jurisdiction includes the text describing reservation boundary issues.] <br /> <br />Indian tribes have a special status in American law. As governments that are <br />distinct from the federal government and the states, they are the third kind of sovereign in <br />our federal system. In addition to governmental authority within their reservations, tribes <br />also possess certain kinds of rights that are different from the rights of other Americans, <br />including rights based on the Constitution of the United States, treaties and acts of <br />Congress, Executive Orders. and court decisions. This section of the Consultation Plan <br />briefly discusses the status of tribes in federal law, with a few references. Legal <br />requirements for consultation in specific contexts, as established by federal statutes and <br />regulations. are noted in Addendum B. <br /> <br />A. Tribal Sovereignty <br /> <br />"The United States recognizes the right of Indian tribes to self-government and <br />supports tribal sovereignty and self-determination." Executive Order 13175, <br />"Consultation and Coordination with Indian Tribal Governments," g2(c), 65 Fed. Reg. <br />67249 (Nov. 6, 2000); a/so published at 25 U.S.C.A. g450 notes. Federal law recognizes <br />that Indian tribes have inherent sovereignty over their members and their territory. <br /> <br />8 <br />