Draft Environmental Impact Statement for Roca Honda Mine

Chapter 3. Affected Environment and Environmental Consequences
their implementing regulations, define the Forest Service’s responsibilities for management of
cultural resources.
Foremost among these statutory provisions is Section 106 of the NHPA, which only applies to
historic properties. Section 106 of the NHPA requires Federal agencies to take into account the
effect of their undertakings on historic properties. The Advisory Council on Historic Preservation
(ACHP) regulations that implement Section 106 (36 Code of Federal Regulations (CFR) Part
800) describe the process for identifying and evaluating resources; assessing effects of Federal
actions on historic properties; and consulting to avoid, minimize, or mitigate adverse effects. The
NHPA does not mandate preservation of historic properties, but it does ensure that Federal agency
decisions concerning the treatment of these resources result from meaningful consideration of
cultural and historic values, and identification of options available to protect the resources.
The Southwestern Region of the Forest Service has executed a programmatic agreement with four
state historic preservation officers and the ACHP that outlines how the national forests of the
Southwestern Region will administer their activities subject to Section 106 of the NHPA. The
Cibola National Forest follows the programmatic agreement to meet its Section 106
responsibilities.
As a Federal agency, the Forest Service has a trust responsibility to American Indian tribes to
protect tribal cultural resources and to consult with tribes regarding those resources. Certain laws,
regulations, and executive orders guide consultation with American Indians to identify cultural
resources important to tribes and to address tribal concerns about potential impacts to these
resources. Section 101(d)(6) of the NHPA mandates that Federal agencies consult with American
Indian tribes and Native American groups who either historically occupied the project area or
may attach religious or cultural significance to cultural resources in the region. The legislation is
designed to identify cultural resources important to tribes and to address tribal concerns about
potential impacts to these resources. The NEPA implementing regulations link to the NHPA, as
well as AIRFA, RFRA, NAGPRA, EO 13007, EO 13175 Consultation and Coordination with
Indian Tribal Governments (65 FR 67249), and the Executive Memorandum on Government-to-
Government Relations with Native American Tribal Governments (59 FR 22951). This legislation
calls on agencies to consult with American Indian tribal leaders and others knowledgeable about
cultural resources important to them.
The Forest Service consulted with tribes throughout development of the Roca Honda Mine draft
EIS, and this consultation will continue through development of the final EIS. The consultation
history for the RHR mine project is described below in detail. Ultimately, five tribes elected to
continue their participation in the consultation process for the RHR mine. These tribes include the
Pueblos of Acoma, Laguna, and Zuni, the Hopi Tribe, and the Navajo Nation. For purposes of
clarity, these five tribes collectively are referred to in this document as the “involved tribes.”
State Statutes and Rules
In addition to Federal legislation, the State of New Mexico has statutes and rules that address
cultural resources. New Mexico’s Cultural Properties Act (§18-6-1 through 17 New Mexico
Statutes Annotated (NMSA) 1978) addresses a number of cultural resource related issues,
including but not limited to, listing of significant cultural properties on the State Register of
Cultural Properties (SRCP), prohibiting destruction of significant cultural properties on State land
without a permit or on private land without the owner’s consent, and regulating excavation or
298 DEIS for Roca Honda Mine, Cibola National Forest