36 CFR 296.7 - Notification to Indian tribes of possible harm to, or destruction of, sites on public lands having religious or cultural importance.

§ 296.7 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 Federal land manager, at least 30 days before issuing such a permit the Federal land manager 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 Federal land manager 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 Federal land manager.
(2) The Federal land manager may provide notice to any other Native American group that is known by the Federal land manager to consider sites potentially affected as being of religious or cultural importance.
(3) Upon request during the 30-day period, the Federal land manager 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 § 296.9.
(4) When the Federal land manager 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 Federal land manager shall so notify the appropriate tribe.
(b)
(1) In order to identify sites of religious or cultural importance, the Federal land manager shall seek to identify all Indian tribes having aboriginal or historic ties to the lands under the Federal land manager'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 sites 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 Federal land manager 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 Federal land manager's jurisdiction, the Federal land manager 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 Federal land manager 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.
(4) The Federal land manager should also seek to determine, in consultation with official representatives of Indian tribes or other Native American groups, what circumstances should be the subject of special notification to the tribe or group after a permit has been issued. Circumstances calling for notification might include the discovery of human remains. When circumstances for special notification have been determined by the Federal land manager, the Federal land manager will include a requirement in the terms and conditions of permits, under § 296.9(c), for permittees to notify the Federal land manger immediately upon the occurrence of such circumstances. Following the permittee's notification, the Federal land manager will notify and consult with the tribe or group as appropriate. In cases involving Native American human remains and other “cultural items”, as defined by NAGPRA, the Federal land manager is referred to NAGPRA and its implementing regulations.
[49 FR 1027, Jan. 6, 1984, as amended at 60 FR 5260, 5261, Jan. 26, 1995]

Title 36 published on 2013-07-01

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 § 470a–1 - World Heritage Convention

16 U.S. Code § 470a–2 - Federal undertakings outside United States; mitigation of adverse effects

§ 470b - Requirements for awarding of grant funds

16 U.S. Code § 470b–1 - Grants to National Trust for Historic Preservation

§ 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 § 470h–1 - Acceptance of privately donated funds by Secretary

16 U.S. Code § 470h–2 - Historic properties owned or controlled by Federal agencies

16 U.S. Code § 470h–3 - Lease or exchange of historic property

16 U.S. Code § 470h–4 - Professional standards

16 U.S. Code § 470h–5 - Interstate and international traffic in antiquities

§ 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

§ 470aa - Congressional findings and declaration of purpose

§ 470bb - Definitions

§ 470cc - Excavation and removal

§ 470dd - Custody of archaeological resources

§ 470ee - Prohibited acts and criminal penalties

§ 470ff - Civil penalties

§ 470gg - Enforcement

§ 470hh - Confidentiality of information concerning nature and location of archaeological resources

§ 470ii - Rules and regulations; intergovernmental coordination

§ 470jj - Cooperation with private individuals

§ 470kk - Savings provisions

16 U.S. Code § -

§ 470mm - Surveying of lands; reporting of violations

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