Cultural & Historic Preservation
The Arizona State Historic Preservation Office (SHPO) and Salt River Pima-Maricopa Indian Community (SRP-MIC) welcome you to the Government-to-Government Consultation Toolkit (G2G Toolkit), which has been designed to facilitate the consultation process for and among Tribes and State and Federal agencies meeting the requirements of the National Historic Preservation Act or State Historic Preservation Act, as well as other state and federal statutes. The G2G Toolkit contains agency and Tribal contact information, consultation protocol, Tribal claims maps, and quick links to Tribal and Agency pages for additional information. Click on underlined words for links to additional information.
The G2G Toolkit was developed by SHPO and SRP-MIC with assistance from the Google Earth Outreach Trainer Network and SWCA Environmental Consultants. Funding was provided by a Cultural Resource Fund (CRF) grant administered by the Mica Group and awarded to SHPO. The CRF was established by the Federal Communications Commission to mitigate positive train control noncompliance by seven railroads.
Additional technical assistance was provided during a Google training workshop with staff from the Department of Transportation, State Land Department, Game and Fish Department, Department of Forestry and Fire Management, and State Parks; and by the Bureau of Indian Affairs.
Consultation is the process of seeking, discussing, and considering the views of other participants, and where feasible, seeking agreement with them.
Meaningful consultation involves effective communication, collaboration and mutual respect from which trust is earned and successful partnerships are developed. Consultation with Indian Tribes is mandated by multiple Federal and Arizona State laws. SHPO Guidance Point 8 and SHPO Guidance Point 9 provide detailed guidance for agencies in their Tribal consultation responsibilities.
When is consultation initiated? As early as possible, preferably in the planning stage of the project, and as often as possible, as more information is known about the project. Consultation can only be meaningful if you are working together.
FEDERAL AGENCIES RESPONSIBILITIES REGARDING TRIBAL CONSULTATION
The National Historic Preservation Act is one of several federal regulations defining federal agency's responsibilities to consult with Indian Tribes. Additional sources are listed in the linked document, Federal Consultation Authorities. It is recommended that each agency develop a consultation policy for consulting with Arizona's Indian Tribes on projects state-wide. Further, to facilitate the consultation process and reduce workloads for both agencies and tribes, agencies and tribes are encouraged to collaborate on the development of programmatic agreements regarding when consultation is desired.
STATE AGENCIES RESPONSIBILITIES REGARDING TRIBAL CONSULTATION
A.R.S. §41-2051 defines Arizona's Tribal Consultation Policy. In part, this law requires that each agency shall:
- Develop and implement tribal consultation policies
- Consult with Tribes on all actions or policies that have the potential to affect tribal communities or its members
- Integrate Tribal consultation into decision-making processes
- Designate staff to tribal liaison position
- Annually review tribal consultation policies and submit report to Governor’s Office on Tribal Relations
The Arizona Governor's Office on Tribal Relations maintains a list of individual state agency consultation policies. The AZ SHPO recommends that state agencies consult with Indian Tribes on all projects/plans that have the potential to affect historic properties, including traditional cultural places.
Regulations for the protection of prehistoric- and historic-period archaeological sites, districts, buildings, structures, and objects are defined in the National Historic Preservation Act (36 CFR Part 800) and the Arizona State Historic Preservation Act (A.R.S. §41-861 et seq.).
The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register (i.e., historic properties).
Click on this link to the Section 106 process flowchart: http://www.achp.gov/regsflow.html. Contact SHPO if you have any questions.
State Historic Preservation Act (The State Act) A.R.S. §41-861 et. seq.
In short, the State Act generally mirrors the NHPA. The chief agency administrator is responsible for the preservation of properties owned or controlled by the agency (including lands, buildings, structures, or archaeological sites), and must consider use of available historic properties prior to acquiring, constructing or leasing new buildings. The agency has the responsibility for historic properties that may be affected by the agency actions or plans, regardless of whether the property is owned or controlled by the agency. Although this law does not require Tribal consultation, A.R.S. §41.2051 mandates it.
State Burial Laws
A.R.S. 41-844 applies to activities on lands belonging to the State of Arizona and materials held by State institutions. (State lands means lands owned or controlled by the State of Arizona or by any agency, instrumentality, or political subdivision of the State of Arizona, including any county or municipal corporation.) The people who are in charge of projects are required to notify the State Museum (ASM) when they find human remains (burials) that they believe may be more than 50 years old, or when they find objects that might be of special importance to Native Americans. Also under the statute, Native American groups can make claims to such objects when they are held by state institutions, such as museums. The objects of special importance include those used in religious ceremonies, and others that may be symbols of the cultural heritage of Native Americans in Arizona. Items included with a burial at the time of interment are also covered by the law.
A.R.S. 41-865 applies to private lands in Arizona. It requires landowners or their agents to notify the Arizona State Museum when materials that might be human remains are found. The Museum then has up to ten days, or more if permitted by the landowner, to consult with any groups that might be culturally related to the remains, and to implement the decision about what to do with the materials. Groups to be consulted include Native American tribes and any other organized cultural group that can reasonably represent the group to which the deceased belonged. This law also makes it a crime to profit financially from the sale of human remains or items buried with them, as covered under the law.