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and the head of any Federal department or independent agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site, building, structure, or object that is included or eligible for inclusion in the National Register. On October 28, 1992, President George Bush signed into law important amendments to the NHPA (PL. 102-575). These amendments formally recognize that properties of traditional religious and cultural importance to a Native American tribe or Native Hawaiian organization may be determined to be eligible for inclusion in the National Register of Historic Places. Moreover, the amendments direct federal agencies, in carrying out their responsibili- ties under Section 106, to consult with Native American tribes that attach religious and cultural significance to these traditional properties. Pending issuance of federal regulations to implement the NHPA amendments, "properties of traditional reli- gious and cultural importance" are defined using the guidelines set forth in National Register Bulletin 38, "Guidelines for Evaluating and Documenting Traditional Cultural Properties" (Parker and King n.d.). This document defines a traditional cultural property as a historic site that "...is eligible for inclusion in the National Register because of its association with cultural practices or beliefs of a living community that (a) are rooted in the community's history, and (b) are important in maintaining the continuing cultural iden- tity of the community"(Parker and King, n.d:l). Five specific guidelines define a historic site as a tradi- tional cultural property: (1) it is older than fifty years in age; (2) it is tangible, i.e., it is embedded in specific lands that can be identified in terms of conventional provenience and legallocational systems, (3) it has integrity in its relationship to cultural beliefs and prac- tices; (s cultural importance to more than a single indi- vidual, i.e., it is important to a clan, a religious society, or to an entire community; and (5) it has integrity of location, setting, design, or materials. Traditional cultural properties are integral to the reten- tion and transmission of beliefs and/or in the perfor- mance of specific ceremonial practices. Archaeological Resources Protection Act The Archaeological Resources Protection Act of 1979 (P.L. 96-95) was passed to protect archaeological resources on public and Indian lands. The federal regu- lations that implement this law require that Native American tribes be notified of possible harm to, or destruction of, archaeological sites on public lands if these sites have religious or cultural importance to the tribe (43 CFR Part 7). These regulations require federal land managers to notify Native American tribes at least 30 days prior to issuance of a permit that may result in harm to or destruction of such archaeological sites. It is incumbent upon the federal land manger to identify and consult with all Native American tribes having abo- riginal or historic ties to the lands under the federal land manager's jurisdiction to determine the location and nature of specific sites of religious or cultural importance. During the consultation, the federal land manager needs to consider ways to avoid or mitigate potential harm to or destruction of archaeological sites. ARPA requires issuance of permits to excavate or remove archaeological resources located on Native American lands. These permits may be granted only after obtaining the consent of the Native American tribe having jurisdiction over these lands, and must include the terms and conditions requested by the tribe. 31