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<br />00542 <br /> <br />REVISED DRAFT (# 10) - August II, 2004 <br />Clean Version <br /> <br />9470hh, and under section 304 of the National Historic Preservation Act, 16 V.S.C. <br />470w-3, to withhold information from disclosure in certain circumstances. The Tribes <br />recognize, however, that these statutory provisions are less than completely satisfactory <br />for preserving the confidentiality of information that the Tribes regard as sensitive. The <br />Tribes and Fedcrai agencies will consult regarding ways to preserve the confidentiality of <br />sensitive information, <br /> <br />Accordingly, the Tribes will generally confine their discussions of sensitive <br />matters to consultation meetings with Federal agency representatives. Federal agency <br />representatives will assist tribal representatives in limiting the scope of information <br />revealed so that the objectives of the federal statutes can be fulfilled without need for <br />specific information about religious practices; Tribes will not reveal more information <br />about religious practices than is necessary to determine the historic significance of places <br />and to assess the nature of effects on such places. <br /> <br />In the context of meetings of the AMWG, TWG and other AMP groups, the <br />Tribes are asked only to provide information to the Agencies or other AMP stakeholders <br />when that information is not privileged or restricted and subject to the agencies need to <br />know to make informed decisions. The Tribes understand that information provided in <br />such AMP meetings will be treated by other stakeholders as unrestricted. Conversely, the <br />Agencies are asked to disseminate information or knowledge to the Tribes and the general <br />public in compliance with the Government in the Sunshine Act, the Federal Acquisition <br />Regulation. and the Presidential Memorandum on Openness and Confidentiality (Oct. 14, <br />1993). <br /> <br />B. Funding of Tribal Participation and Consultation <br /> <br />Tribes are funded under separate cooperative agreements with the agencies to <br />ensure government-to-government consultation occurs. Accordingly, issues relating to <br />funding are not addressed in this Consultation Plan. Parties engaged in the AMP and <br />parties to the P AlHPP should be aware that the funding needs of the Tribes are not static <br />- funding that may have been adequate in the early years of the AMP may no longer be <br />sufficient. In the Strategic Plan for the Adaptive Management Program (Final Draft, <br />August 17,2001), the AMWG F ACA Committee Guidance (Appendix B), says: <br />"Certainly the direct impacts of the dam operations on the Native American trust <br />resources within the park units can and should be funded from hydropower revenues. but <br />such impacts outside the boundaries of the river corridor in the park units must be studied <br />using other appropriated funds." <br /> <br />C. Measuring and Tracking Consultation <br /> <br />In the experience of tribal representatives, Federal agencies seem to have <br />impressions about the effectiveness of consultation that differ from the impressions of the <br /> <br />33 <br />