EP 1165-2-1
30 Jul 99
ceremonial use of Indian sacred sites by Indian religious
practitioners and (2) avoid adversely affecting the physical integrity
of such sacred sites. Where appropriate, agencies are to maintain the
confidentiality of sacred sites. To implement this E.O., the Corps
has adopted the following policy:
a. Goals. Corps Commands will use all reasonable means to
accommodate Indian tribes by providing meaningful access to sacred
sites on Corps lands. Corps Commands will also ensure that Indian
tribes have reasonable opportunities to review plans for activities
and programs on Corps lands that could potentially adversely affect
sacred sites.
b. To accomplish the above policy goals, Corps Commands will
initiate consultation with Indian tribes on E.O. 13007, or will focus
ongoing consultation efforts on the requirements of the E.O.
Consultation should address current needs and interests of the tribes
with regard to sacred places as well as a dialog on the development of
procedures for long-term tribal input and comment. The use of
Memoranda of Agreement (MOA) may be the most convenient vehicle for
both the Corps and the tribes to ensure the protections of the E.O.
MOA can clearly delineate the responsible Corps/Indian tribe
officials, the responsibilities of all parties with respect to sacred
sites and safety issues associated with the accessing and use of
sacred places. These MOA can also be used to reinforce or augment
government-to-government protocols.
c. The "sacred" nature and "ceremonial use" of an area may
imply a multiplicity of meanings. Ceremonial use can include, but is
not necessarily limited to, the collection of plants, the clearing of
habitat, the gathering of animal parts or feathers, and other types of
resource-consuming activities. Corps commanders have the discretion
to allow for consumptive use of Indian sacred sites if granting such
use is consistent with the functioning of Corps activities at the
site. Moreover, authorities other than E.O. 13007, such as treaties,
Federal laws, and other E.O.s may require a Corps commander to make
accommodations for ceremonial use that include consumption of
resources.
d. Accommodating Indian tribes through access to sacred sites
may entail closing areas to the general public during particular times
of the year, as well as during certain seasons or months. In the
absence of a conflict with an essential command function, Corps
commanders should extend tribal accommodations to temporary partial
closures of narrowly delineated areas. This E.O. does not obligate
the Corps to permanently close any areas to the general public,
although Indian tribes may make, and Corps commanders may consider,
such requests.
e. A serious concern that all parties share is the
confidentiality of information on sacred sites. One way to respond to
these concerns is to minimize the information needs regarding sacred
sites. There may be some, or indeed many, sacred sites on Corps that
have few, if any, outward signs discernable to non-Indians and these
sites may not be in jeopardy or threat. These sites might be visited
on a regular basis without being physically affected by religious
practices. As part of the above consultation process, Corps commands
and Indian tribes may agree that for these non-threatened and
physically unaffected sites, tribes can continue to visit without
reporting the sites' nature or location to Corps officials.
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