1.      Within 12 months of execution of this agreement, each BLM State Director or his/her designee will meet with the relevant SHPO to review and consider the need for changes in the protocol to meet minimum requirements in this PA and notify the ACHP of the results of the review. 

2.      The BLM-SHPO protocols determined to require revision must be changed within 24 months of the date of this agreement.

3.      Within 12 months of execution of this agreement and in coordination with other State Directors, as appropriate, each State Director will have begun contacting Indian tribes that are affected by BLM undertakings within his or her jurisdiction on a regular basis for the purpose of initiating a discussion about ways in which the BLM and each Indian tribe can foster better communication, including:

a.       Identify geographic areas, types of historic properties, and undertakings of concern to Indian tribes;

b.      Identify confidentiality concerns;

c.       Answer questions on existing BLM-SHPO protocol;

d.      Provide a tribal point of contact for the State Office and each District and Field Office in his or her jurisdiction;

e.       Develop a process for providing information and schedules of pending actions, including land exchanges, permits, and approvals on a regular basis; and

f.       Offer Indian tribes the opportunity to establish a formal ongoing relationship through an agreement for conducting the consultation required under the NHPA Section 106 within the framework of the BLM’s government-to-government relationship with Indian tribes and other authorities.  

1.      The BLM commitment to initiate a revision of relevant manual sections to be consistent with the definitions of “adverse effect” and “consulting parties” in the 2004 36 CFR part 800 regulations. This change will eliminate the provision that an undertaking otherwise found to be adverse may be considered not adverse, when a historic property is of value only for its potential contribution to archeological, historical, or architectural research, and when such value can be substantially preserved through the conduct of appropriate research, and such research is conducted in accordance with applicable professional standards and guidelines.

2.      The BLM requirement to consult with the relevant SHPO, Indian tribes and other consulting parties for all undertakings that will adversely affect properties that are eligible for listing in the National Register of Historic Places (National Register), and for the development of any procedures such as project-specific PAs.

3.      The BLM requirement to invite the ACHP’s participation for:

a.       Non-routine interstate and/or interagency projects or programs; undertakings adversely affecting National Historic Landmarks;

b.      Undertakings that the BLM determines to be highly controversial; and

c.       Undertakings that will have an adverse effect and with respect to which disputes cannot be resolved through formal agreement between BLM-SHPO, such as a memorandum of agreement.

4.      The ACHP authority to participate on its own initiative or at the request of the SHPO, an Indian tribe, a local government, an applicant or other consulting party, in a manner consistent with its role under 36 CFR part 800, and criteria under Appendix A of 36 CFR Part 800.  

5.      The BLM requirement to follow the process under 36 CFR 800.14 for the development and approval of program alternatives, including project-specific PAs.

6.      The BLM and SHPO requirement that BLM-SHPO protocols implementing this agreement must address the following new items:

a.       A means for making a schedule of pending undertakings available to the public and Indian tribes on a regular basis;

b.      The manner in which public participation and involvement of consulting parties is addressed for protocol-guided compliance processes; and

c.       A commitment to fulfill tribal consultation obligations;

d.      Provisions for resolving disagreements between the BLM and SHPO; and

e.       The circumstances under which the BLM or the SHPO may choose to operate under the 36 CFR Part 800.3 through 800.7 in place of the BLM-SHPO protocol.