§170.109. How can State and local governments prevent discrimination or adverse impacts?
25 C.F.R. § 170.109
Under 23 U.S.C. 134 and 135, and 23 CFR part 450, State and local government officials shall consult and work with Tribes in the development of programs to:
Identify potential discrimination; and
Recommend corrective actions to avoid disproportionately high and adverse effects on Tribes and Indian populations.
Examples of adverse effects include, but are not limited to—
Impeding access to Tribal communities or activities;
Creating excessive access to culturally or religiously sensitive areas;
Negatively affecting natural resources, trust resources, Tribal businesses, religious, and cultural sites;
Harming indigenous plants and animals; and
Impairing the ability of Tribal members to engage in commercial, cultural, and religious activities.
Notes, amendments, and revision history
Authority
Authority: Pub. L. 112-141, Pub. L. 114-94; 5 U.S.C. 2; 23 U.S.C. 201, 202; 25 U.S.C. 2, 9.
Source
Source: 81 FR 78463, Nov. 7, 2016, unless otherwise noted.