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<br />00514 <br /> <br />REVISED DRAFT (#10) - Augustll. 2004 <br />Clean Version <br /> <br />SHPO and ACHP are not represented in the AMWG. <br /> <br />The P A as signed in 1993-94 does not address two other federal cultural resource <br />statutes that are implicated in the effects of the operation of Glen Canyon Dam on the <br />Colorado River Corridor: the Native American Graves Protection and Repatriation Act <br />(NAGPRA) and the Archaeological Resources Protection Act (ARPA). Both NAGPRA <br />and ARPA establish legal requirements distinct from NHP A. This Tribal Consultation <br />Plan does include provisions addressing both NAGPRA and ARPA because both statutes <br />mandate consultation between the federal government and Indian tribes and because the <br />application ofNAGPRA and ARPA to places and resources often overlaps with the <br />application ofNHPA. <br /> <br />(3) Government-to-Government Consultation <br /> <br />Indian tribes are sovereign governments. While tribes are distinct from the federal <br />government, they do have relationships with federal agencies that are shaped by a body of <br />federal law, including a doctrine known as the federal trust responsibility to the tribes. <br />Part 2 of this Consultation Plan discusses some of the legal principles regarding the <br />sovereign status of tribes and their relalions with federal government. Because of their <br />sovereign status and the nature of their relationships with the federal government, tribal <br />and federal officials often conduct consultations with each other. Such consultations, <br />which may be initiated by a federal agency or by a tribe, are often referred to as <br />"government-to-government" consultations. Such consultations may be focused on <br />federal policy initiatives for which there may be no established consultation procedures, <br />or they may focus on specific proposals for which, while there may be established <br />procedures, a tribe or agency may detennine that there is a need to go beyond the fonnal <br />requirements. ' <br /> <br />This Consultation Plan has been developed with the intent of improving the <br />effectiveness of tribal involvement in consultation pursuant to the Adaptive Management <br />Program and pursuant to the Programmatic Agreement and Historic Preservation Plan. <br />To the extent that this intent is realized, there may be little need for government-to- <br />government consultation. This plan recognizes, however, that a need for government-to- <br />government consultation may arise, as determined by either a tribe or a federal agency. In <br />the event that government-to-government consultations do take place, this Consultation <br />Plan includes provisions to ensure that members of the AMWG and parties to the PA are <br />informed about the existence of such consultations and the nature of the matters discussed <br />as they relate to the AMP and the PA/HPP. <br /> <br />B. Relationship of this Consultation Plan to the Adaptive Management <br />Program <br /> <br />This Consultation Plan establishes processes and rules of relationships that will be <br />followed to ensure continuing government-to-government consultation among the tribes <br /> <br />5 <br />