Laserfiche WebLink
<br />UU-"l <br />J<: <br /> <br />REVISED DRAFT (#10) - August 11 ,2004 <br />Clean Version <br /> <br />AMP are set out in Part 4, and protocols for the HPP are set out in Part 5. Both Parts 4 <br />and 5 include some provisions relating to government-to-government consultation. <br /> <br />A. Definition of "Consultation" for tbis Plan <br /> <br />There is no standard definition of "consultation," although it generally does mean <br />more than simply providing information about what an agency is planning to do and <br />allowing concerned people to comment. Rather, "consultation" generally means that <br />there must be two-way communication. In the context of the P A and AMP, much of the <br />consultation with tribes concerns places and resources that qualifY for treatment as <br />historic properties under NHP A, and so it appears appropriate to quote the defmition of <br />"consultation" from the guidelines issued by the National Park Service for federal <br />agencies in carrying out historic preservation programs, a definition that is also <br />incorporated into the regulations of the Advisory Council on Historic Preservation for the <br />NHP A Section 106 consultation process: <br /> <br />"Consultation means the process of seeking, discussing, and considering the views <br />of others, and, where feasible, seeking agreement with them on how historic <br />properties should be identified, considered, and managed. Consultation is built <br />upon the exchange of ideas, not simply providing information." <br />63 Fed. Reg. 20504 (Apr. 24, 1998). <br /> <br />This general meaning of "consultation" is subject to specific requirements established <br />pursuant to legal authorities that apply in certain circumstances. Requirements of the <br />three major federal cultural resources statutes are discussed in Addendum B of this <br />Consultation Plan. <br /> <br />While consultation means more than simply providing information, it does not <br />mean that the parties being consulted have the power to stop a federal agency action by <br />withholding consent. As the AMWG F ACA Guidance notes (with specific reference to <br />consultation under NHP A), ''the ultimate decision on how to proceed rests with the <br />Secretary of the Interior and the federal agencies delegated the responsibility for <br />management of the resources." AMP Strategic Plan, at Appendix B-8. <br /> <br />In some instances another federal agency or a non-federal entity may have the <br />legal authority to stop a proposed action. (For example, in the context of the AMP and <br />HPP there may be instances in which the consent of either the Navajo Nation or the <br />Hualapai Tribe is legally required for a federal action to proceed, that is, if the action <br />would occur within the boundaries of either Tribe's reservation. In such cases, the <br />requirement for tribal consent is distinct from requirements to engage in consultation.) <br /> <br />In cases in which consultation does not lead to an agreement, it may end when it <br />becomes e1ear that an agreement will not be reached. In some situations. even though a <br />tribe does not have legal authority to prevent an agency from going forward with a <br />proposed action, consultation may nevertheless persuade the agency official to decide not <br /> <br />12 <br />