Sacred Sites

NHPA Review

1. During the NHPA Section 106 review, it should be determined based on literature and consultation whether there may be any sacred site qualities to historic properties within the action’s area of potential affects. Concerned Tribes should be consulted with during the identification of historic properties, the determinations of effect, and consultation to resolve adverse effects.

Identification of a Sacred Site

• Recognized Tribal Governments or their authoritative representation notifies the Forest Service of the existence of a sacred sites located on National Forest System Lands.

Sacred Environments

• The Forest Service has a responsibility to determine environmental and social characteristics that may be affected by its actions including sacred sites and their environments and their uses and must be considered during the planning process

Access and Use

• Sacred sites, access and ceremonial use should be considered part of the affected human environment in determining whether an action is significantly affecting the quality of the human environment

Potential Impacts

1. Measures providing for access and use, and measures to avoid or reduce the severity of adverse effects, should be included as mitigation measures identified in the EIS and Record of Decision or in the EA and Finding of No Significant Impact.

Categorial Exclusions

• Potential impacts on access to or the use of sacred sites should be considered in determining whether a project can be categorically excluded for further NEPA review. Such impacts will often be considered an “extraordinary circumstance” (see Title 40 CFR Part 1508.4) and would make it inappropriate to treat the action as categorically excluded.

Accomodation in Selected Alternative

• To the extent consistent with the purpose and need for the project, the alternative selected should accommodate access and ceremonial use of any sacred site that may be affected.

Developing Sacred Sites databases

• The goal should be to develop a database that can be shared by both parties to describe what is out there and what is happening to it!

Developing Protection Plans

1. Develop protection protocols with Tribes, which include site monitoring that involves Tribal representatives.

Monitoring techniques

• Monitoring techniques will depend upon the sensitivity of the site, accessibility, public use, susceptibility to damage or infringement

Confidentiality

• When a sacred site is eligible for the NRHP, Section 304 of the NHPA can be invoked. Under this authority, confidentiality can be maintained if the release of such information could cause in invasion of privacy, risk harm to the site, or impede its use by Tribal members. In this instance, the Keeper of the National Register must be consulted.

Confidentiality

• However if the significance of the site involves an archeological element, and the release of information could lead to its damage or destruction, Section 9 of the Archeological Resources Protection Act (ARPA) allows information to be kept confidential without consulting the Keeper.

National Register Eligibility

1. A site may be considered sacred and eligible for the National Register of Historic Places (NHPA) if the sacred character is more than 50 years old and meets the criteria established in Bulletin 38. Sites which are not 50 years old or which do not meet the criteria in Bulletin 38 maybe considered a sacred site under the criteria established by EO130097. (The sacredness of a site must be determined and communicated by a Tribal Government and/or an appropriate authoritative individual or group)

NAGPRA

• When human remains are present, consultation with Tribes under the EO should be coordinated as required by 43 CFR 10, and the regulations implementing NAGPRA.