22 CFR 1104.6 - Notification to Indian tribes of possible harm to, or destruction of, sites on public lands having religious or cultural importance.

§ 1104.6 Notification to Indian tribes of possible harm to, or destruction of, sites on public lands having religious or cultural importance.
(a) If the issuance of a permit under this part may result in harm to, or destruction of, any Indian tribal religious or cultural site on public lands, as determined by the Commissioner, at least 30 days before issuing such a permit the Commissioner shall notify any Indian tribe which may consider the site as having religious or cultural importance. Such notice shall not be deemed a disclosure to the public for purposes of section 9 of the Act.
(1) Notice by the Commissioner to any Indian tribe shall be sent to the chief executive officer or other designated official of the tribe. Indian tribes are encouraged to designate a tribal official to be the focal point for any notification and discussion between the tribe and the Commissioner.
(2) The Commissioner may provide notice to any other Native American group that is known by the Commissioner to consider sites potentially affected as being of religious or cultural importance.
(3) Upon request during the 30-day period, the Commissioner may meet with official representatives of any Indian tribe or group to discuss their interests, including ways to avoid or mitigate potential harm or destruction such as excluding sites from the permit area. Any mitigation measures which are adopted shall be incorporated into the terms and conditions of the permit under § 1104.8.
(4) When the Commissioner determines that a permit applied for under this part must be issued immediately because of an imminent threat of loss or destruction of an archaeological resource, the Commissioner shall so notify the appropriate tribe.
(b)
(1) In order to identify sites of religious or cultural importance, the Commissioner shall seek to identify all Indian tribes having aboriginal or historic ties to the lands under the Commissioner's jurisdiction and seek to determine, from the chief executive officer or other designated official of any such tribe, the location and nature of specific sites of religious or cultural importance so that such information may be on file for land management purposes. Information on site eligible for or included in the National Register of Historic Places may be withheld from public disclosure pursuant to section 304 of the Act of October 15, 1966, as amended (16 U.S.C. 470w-3).
(2) If the Commissioner becomes aware of a Native American group that is not an Indian tribe as defined in this part but has aboriginal or historic ties to public lands under the Commissioner's jurisdiction, the Commissioner may seek to communicate with official representatives of that group to obtain information on sites they may consider to be of religious or cultural importance.
(3) The Commissioner may enter into agreement with any Indian tribe or other Native American group for determining locations for which such tribe or group wishes to receive notice under this section.

Title 22 published on 2013-04-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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United States Code
U.S. Code: Title 16 - CONSERVATION

§ 432 - Permits to examine ruins, excavations, and gathering of objects; regulations

§ 433 - American antiquities

§ 469 - Preservation of historical and archeological data threatened by dam construction or alterations of terrain

§ 470a - Historic preservation program

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

§ 470b - Requirements for awarding of grant funds

16 U.S. Code § 460b, 460c - Repealed.

§ 470c - Apportionment of grant funds

§ 470d - Loan insurance program for preservation of property included on National Register

§ 470e - Recordkeeping; recipients of assistance; audit

§ 470f - Effect of Federal undertakings upon property listed in National Register; comment by Advisory Council on Historic Preservation

§ 470g - White House, United States Supreme Court building, and United States Capitol not included in program for preservation of historical properties

§ 470h - Historic Preservation Fund; establishment; appropriations; source of revenue

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

§ 470i - Advisory Council on Historic Preservation

§ 470j - Functions of Council; annual report to President and Congress; recommendations

§ 470k - Cooperation between Council and instrumentalities of executive branch of Federal Government

16 U.S. Code § -

§ 470m - Administration

§ 470n - International Centre for Study of Preservation and Restoration of Cultural Property

16 U.S. Code § -

§ 470p - Rights, benefits, and privileges of transferred employees

§ 470q - Operations of Council; exemption

§ 470r - Transmittal of legislative recommendations, or testimony, or comments, to any officer or agency of the United States prior to submission thereof to Congress; prohibition

§ 470s - Rules and regulations; participation by local governments

§ 470t - Budget; authorization of appropriations

16 U.S. Code § 460b, 460c - Repealed.

U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
Statutes at Large