Mississippi Administrative Code
Title 16 - History, Humanities and Arts
Part 3 - Historic Preservation Division
Chapter 12 - Mississippi Standards and Guidelines for Archaeological Investigations
Rule 16-3-12.12.2 - Federal Agency Policies

Universal Citation: MS Code of Rules 16-3-12.12.2

Current through September 24, 2024

Federal Agency regulations and policies pertaining to consultation with Native Americans are noted briefly below (Note: Some policies are titled protocol, but contain a statement of policy rather than an operational protocol. Agency protocols for consultation are listed in Section IV).

NPS Management Policies include the following:

1. Regarding burials (5.3.4)

2. Regarding cultural interpretation (7.5.5)

3. Regarding cultural resources (5.2.1)

4. Regarding ethnographic resources (5.3.5.3.1)

5. Regarding game harvest regulations (4.4.3)

6. Regarding museum objects (5.3.5.5)

7. Regarding natural resource management (4.1.4)

8. Regarding Sacred Sites (5.3.5.3.2)

In general these polices state that the practices, traditions and beliefs of Native Americans will be considered in any treatment and planning decision of the NPS, and that Native Americans will be a meaningful part of the information gathering process to ascertain knowledge of the sites and concerns and desires of Native Americans.

The Bureau of Indian Affairs (BIA), which is responsible for over 50 million acres of land held in trust by the federal government on behalf of Tribes and Alaskan Natives, has Guidelines for Integrated Resource Management Planning in Indian Country (IRMP). The IRMP outlines an involved process as a blueprint for consultation with Tribes on the management of cultural resources on Tribal lands by the Tribe.

United States Department of Agriculture (USDA) Forest Service has a draft general consultation policy process (FSM 1563) which references the regulations to which it applies.

USDA Natural Resources Conservation Service (NRCS) executed a nationwide Programmatic Agreement, May 2002, with the ACHP and the National Conference of State Historic Preservation Officers, to institute a policy of developing consultation agreements at the state level with individual Tribal governments.

Department of Defense (DoD) adopted a policy on American Indians and Alaska Natives in 1998, which includes consultation with Tribes concerning proposed military activities that could affect Tribal lands and resources, including sacred sites, on and off military reservations.

The Department of Transportation's (DOT) Federal Highway Administration (FHWA) has a Native American Coordination Program, which provides guidance and technical assistance to Federally-recognized Tribes, and information for state DOTs on working relationships with Tribes, including a section with individual Tribal programmatic agreements.

Department of Housing and Urban Development (HUD) has a Governmentto-Government Tribal Consultation Policy (2001) and American Indian and Alaskan Native Policy Statement (1994).

Department of Energy (DOE) has a Native American and Alaska Native Tribal Government Policy (2000) and an Environmental Policy & Guidance, which has a section on the American Indian Religious Freedom and Native American Graves Protection and Repatriation Acts.

Environmental Protection Agency (EPA) has a Policy for the Administration of Environmental Programs on Indian Reservations (1984) and a Memorandum of Actions for Strengthening EPA's Tribal Operations (1994). 11

Federal Communications Commission (FCC) has a Statement of Policy on Establishing a Government-to-Government Relationship with Indian Tribes (2000).

Some Primary Consultation Principles include:

a. True government-to-government contact between the Agency and Tribe, where high level Agency representatives meet with Tribal leaders;

b. Multiple contacts that begin early in the planning process and continue throughout the project;

c. Multiple venues for consultation, such as the Agency office and locations close to Tribes and the area of the undertaking;

d. Formal and informal meetings;

e. The existence of an Agency Tribal Liaison;

f. The Agency's fostering of a relationship with the THPO;

g. An inclusive approach to contacting Tribes having an interest;

h. Consultation with unrecognized Tribes, separate from recognized Tribes, unless the unrecognized Tribe has an on-going relationship with the recognized Tribe;

i. An early effort to identify the areas of concern to the Tribes;

j. Provision to Tribes of full and candid information prior to the first meeting;

k. An open-ended and flexible agenda (no hidden agendas);

l. Facilitators for the sessions alternate between Agency and Tribal leaders;

m. A concerted effort by the Agency to have all Tribes with an interest be present for all sessions;

n. A successful result is viewed as partners arriving at an agreement, but reaching an agreement is not an end in itself;

o. Tribes participate in consultation on the invitee list as a preliminary consultation and participate on the agenda setting and planning of the consultation.

It is the federal agency's responsibility to conduct formal tribal consultation, not the contractor and/or archaeologist. For further information on Tribal Consultation, please see Tribal Consultation Best Practices in Historic Preservation 2005 which can be found at: http://www.nathpo.org/PDF/Tribal_Consultation.pdf or the Department of Interior's Tribal Consultation Policy webpage at: https://www.doi.gov/tribes/Tribal-Consultation-Policy

Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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