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<br />00535 <br /> <br />REVISED DRAFT (#]0) - August 11,2004 <br />Clean Version <br /> <br />for purposes of determining effects (e.g., a historic property that has been <br />determined eligible as an archaeological site that is also a traditional <br />cultural property but which has not been docwnented as such); <br />- the likelihood that there are places that would be affected by the action that <br />are eligible for the National Register but which have not been identified or <br />evaluated (e.g., archaeological sites, TCPs). <br /> <br />determine the likelihood that there are places or resources that are subject to <br />NAGPRA, E.O. 13007, or ARPA, or that are important to one or more of the <br />Tribes for religious or cultural reasons, even though they may not be eligible for <br />the National Register or there may not be enough information to make a <br />determination of eligibility; and <br /> <br />- determine whether there are particular needs for confidentiality regarding the <br />place or resources at issue. <br /> <br />(b-4) Consultation for undertakings affecting reservation lands or disputed <br />status lands. For undertakings that affecting reservation lands of either ofthe tribes that <br />has an approved THPO program, the THPO will perform the functions that would <br />otherwise be performed by the SHPO. If the tribe has, with ACHP approval, established <br />its own procedures in lieu of the ACHP regulations, such procedures shall be followed. <br />For undertakings affecting places on lands for which the reservation status is subject to <br />dispute, the THPO and SHPO will have equivalent status for purposes of the section 106 <br />process. J <br /> <br />(b-S) Outcome of consultation. Consultation will seek to achieve consensus on <br />how to proceed with respect to the resolution of adverse effects of the proposed action on <br />historic properties and/or other places or resources that are important to one or morc <br />Tribes for religious and/or cultural reasons. <br /> <br />- The stipulations for resolving adverse effects shall be recorded in a <br />Memorandwn of Agreement (MOA) as defined at 36 CFR 800.6(2)(c). For any <br />proposed undertaking that may have adverse effects on historic properties, for <br />an MOA to be valid under this Consultation Plan it must be signed by <br />responsible federal agency, any concerned Tribe(s), and the AZ SHPO or, if <br />effects would occur within the boundaries of the Hualapai or Navajo <br />Reservation, the appropriate TI-IPO. For any proposed action with effects on <br />lands for which the rcservation status is subject to dispute, both the THPO and <br />the SHPO will be required signatories for an MOA. <br /> <br />- If the proposed action would affect historic properties and it does not result in a <br />consensus MOA, any Tribe that objects to the proposed action may request the <br />ACHP to become engaged in the consultation. <br /> <br />(2) Cultural Items Protected by NAGPRA <br /> <br />26 <br />