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<br />00513 <br /> <br />REVISED DRAFT (# 10) - August 11, 2004 <br />Clean Version <br /> <br />recommendations to the Secretary for action. In addition to the Secretary's Designee and <br />the AMWG, other organizational components of the AMP include the Technical Work <br />Group (TWG), Grand Canyon Monitoring and Research Center (GCMRC), independent <br />review panels, and ad hoc workgroups or subcommittees. All work conducted under the <br />auspices of the AMWG must be considered by the AMWG before being incorporated into <br />recommendations to the Secretary. <br /> <br />As a federal advisory committee, the AMWG serves as the structure for <br />consultation by the Secretary of the Interior with all of the entities represented on the <br />AMWG, including the tribes. The intent of this Consultation Plan is to make consultation <br />between federal agencies and tribes within the context of the AMWG as effective as <br />possible, while recognizing that there will also be a need for tribes to be consulted within <br />the context of the Historic Preservation Plan and that there may also be situations in <br />which federal agencies will need to consult with tribes on a governrnent-to-governrnent <br />basis. <br /> <br />Part 4 of this Consultation Plan sets out protocols for consultation between federal <br />agencies and tribes in the context of the AMP. <br /> <br />(2) Consultation within the Historic Preservation Plan <br /> <br />Three federal statutes relating to cultural resources require federal agencies to <br />consult with tribes in certain circumstances: National Historic Preservation Act (NHP A); <br />Native American Graves Protection and Repatriation Act (NAGPRA); and <br />Archaeological Resources Protection Act (ARPA). Prior to the completion of the FEIS, a <br />Progranunatic Agreement (P A) on Cultural Resources was executed by the Bureau of <br />Reclamation (BOR), Advisory Council on Historic Preservation (ACHP), National Park <br />Service (NPS), Arizona State Historic Preservation Officer (AZ SHPO), and the <br />following tribes: Hopi Tribe, Hualapai Tribe, Kaibab Band of Paiute Indians, Navajo <br />Nation, Paiute Indian Tribe of Utah, and Zuni Indian Tribe. (Signatures on the PA are <br />dated from August 12, 1993 through August 30,1994.) This PA was executed to fulfill <br />the responsibilities ofBOR and NPS for compliance with Section 106 of the National <br />Historic Preservation Act (NHPA), 16 U.S.C. ~470f, and the implementing regulations <br />issued by the ACHP, 36 C.F.R. part 800. While this PAis included in the FEIS (as <br />Attachment 5), the legal responsibilities under NHP A section 106 and the ACHP <br />regulations are distinct from the legal responsibilities imposed by the National <br />Environmental Policy Act (NEPA), pursuant to which the FEIS was prepared. BOR is <br />the lead agency for this P A, as the operator of Glen Canyon Dam; as the land managing <br />agency, NPS is responsible for the management of historic properties in Glen Canyon <br />National Recreation Area and Grand Canyon National Park. The PA recognizes that the <br />Hualapai Tribe and Navajo Nation have governmental authority over historic properties <br />within their respective reservations. The AZ SHPO has certain duties pursuant to the <br />ACHP regulations, and as such is a signatory to the P A; the ACHP is a signatory by <br />virtue of its regulatory authority overNHPA section 106. The roles of the AZ SHPO and <br />ACHP in the PA thus distinguish this agreement from the rest of the AMP, since the AZ <br /> <br />4 <br />