---
kind: "section"
citation: "25 C.F.R. § 170.109"
title: "25"
number: "170.109"
heading: "How can State and local governments prevent discrimination or adverse impacts?"
url: "https://uscodex.org/cfr/25/170.109"
---

# §170.109. How can State and local governments prevent discrimination or adverse impacts?

- (a) Under 23 U.S.C. [134](/usc/23/134.md) and [135](/usc/23/135.md), and [23](/usc/23/23.md) CFR [part 450](/cfr/25/part450.md), State and local government officials shall consult and work with Tribes in the development of programs to:
  - (1) Identify potential discrimination; and
  - (2) Recommend corrective actions to avoid disproportionately high and adverse effects on Tribes and Indian populations.
- (b) **Examples of adverse effects include, but are not limited to—**
  - (1) Impeding access to Tribal communities or activities;
  - (2) Creating excessive access to culturally or religiously sensitive areas;
  - (3) Negatively affecting natural resources, trust resources, Tribal businesses, religious, and cultural sites;
  - (4) Harming indigenous plants and animals; and
  - (5) **Impairing the ability of Tribal members to engage in commercial, cultural, and religious activities.**

## Notes

### 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.