Memorandum of Understanding 

Among the 

U.S. Department of Defense, 

U.S. Department of the Interior, 

U.S. Department of Agriculture, 

U.S. Department of Energy, 

and the Advisory Council on Historic Preservation 

Regarding Interagency Coordination and Collaboration for the 

Protection of Indian Sacred Sites 

I. Purpose and Principles 

The Departments of Defense, the Interior, Agriculture, and Energy and the Advisory Council on 

Historic Preservation (Participating Agencies) enter into this Memorandum of Understanding (MOU) 

to improve the protection of and tribal access to Indian sacred sites through enhanced and improved 

interdepartmental coordination and collaboration. 

II. Background 

Federal land managing agencies hold in public trust a great diversity of landscapes and sites, 

including many culturally important sites held sacred by Indian tribes. Indian tribes are defined here 

as an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of 

the Interior has published on the list of federally-recognized tribes pursuant to Public Law No. 

103-454, 108 Stat. 4791. All Federal agencies are responsible for assessing the potential effects of 

undertakings they carry out, fund, or permit on historic properties oftraditional cultural and religious 

importance to Indian tribes. While the physical and administrative contexts in which Federal 

agencies encounter sacred sites vary greatly, similarities do exist. Because of those similarities, the 

Participating Agencies recognize that consistency in policies and processes can be developed and 

applied, as long as they remain adaptable to local situations. 

For purposes of this MOU, a "sacred site" retains the same meaning as provided in Executive Order 

13007; that is, "any specific, discrete, narrowly delineated location on Federal land that is identified 

by an Indian tribe, or Indian individual determined to be an appropriately authoritative representative 

of an Indian religion, as sacred by virtue of its established religious significance to, or ceremonial use 

by, an Indian religion; provided that the tribe or appropriately authoritative representative of an 

Indian religion has informed the agency of the existence of such a site." Such sacred sites may also 

be eligible for the National Register of Historic Places as historic properties of religious and cultural 

significance to Indian tribes. 

Sacred sites often occur within a larger landform or are connected through features or ceremonies to 

other sites or a larger sacred landscape. Agencies should consider these broader areas and 

connections to better understand the context and significance of sacred sites. Sacred sites may 

include, but are not limited to geological features, bodies of water, archaeological sites, burial 

locations, traditional cultural properties, and stone and earth structures. 
Ill. Authorities Which May be Relevant to the Protection and Preservation of Sacred Sites 

The Participating Agencies will review the following authorities to determine their potential 

relevance to sacred sites and to determine if additional inter-agency measures may be warranted to 

better protect sacred sites: 

Executive Order 13007: Indian Sacred Sites 

National Historic Preservation Act 

National Environmental Policy Act 

Native American Graves Protection and Repatriation Act 

American Indian Religious Freedom Act 

Religious Freedom Restoration Act 

Executive Order 13175: Consultation and Coordination with Indian Tribal Governments 

IV. Participating Agency Agreement 

The Participating Agencies hereby agree to work together to accomplish and consult with Indian 

tribes as appropriate in developing and implementing the following actions: 

1. Creating a training program to educate Federal staff on (a) the legal protections and limitations 

regarding the accommodation of, access to, and protection of sacred sites and (b) consulting and 

collaborating effectively with Indian tribes, tribal leaders, and tribal spiritual leaders to address 

sacred sites; 

2. Developing guidance for the management and treatment of sacred sites, including best practices 

and sample tribal-agency agreements; 

3. Creating a website that includes links to information about Federal agency responsibilities 

regarding sacred sites, agency tribal liaison contact information, the websites ofthe agencies 

participating in this MOU, and information directing agencies to appropriate tribal contact 

information for project consultation and sacred sites issues; this website would be hosted by one of 

the Participating Agencies; 

4. Developing and implementing a public outreach plan focusing on the importance ofmaintaining 

the integrity of sacred sites and the need for public stewardship in the protection and preservation of 

such sites; 

5. Identifying existing confidentiality standards and requirements for maintaining the confidentiality 

of sensitive information about sacred sites, analyzing the effectiveness ofthese mechanisms, and 

developing recommendations for addressing challenges regarding confidentiality; 

6. Establishing management practices that could be adopted by Participating Agencies; for example, 

these could include mechanisms for the collaborative stewardship of sacred sites with Indian tribes, 

such as Federal-tribal partnerships in conducting landscape-level cultural geography assessments; 

7. Identifying impediments to Federal-level protection ofsacred sites and making recommendations 

to address the impediments; 

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8. Developing mechanisms to exchange and share subject matter experts among Federal agencies 

and identifying contracting mechanisms for obtaining tribal expertise; 

9. Developing outreach to non-Federal partners to provide information about (a) the political and 

legal relationship between the United States and Indian tribes; (b) Federal agency requirements to 

consult with Indian tribes; and, ( c) the importance of maintaining the integrity of sacred sites; 

10. Exploring mechanisms for building tribal capacity to participate fully in consultation with 

Federal agencies and to carry out the identification, evaluation, and protection of sacred sites; 

11. Establishing a working group of appropriate staff from each of the Participating Agencies to 

facilitate the implementation of the provisions ofthis MOU and address issues as they arise. The 

working group will develop an action plan for implementation of this MOU within 90 days. 

Participating Agency representatives will serve on the working group until replaced by their 

agencies. The working group will be chaired by one of the Participating Agencies chosen by 

majority vote of the working group and will serve a 2-year term. At the expiration ofthe chair's 

term, the Participating Agencies shall select a new chair from among the Participating Agencies. 

V. Non-Funding Obligating Document 

Participating Agencies will handle their own activities and use their own resources in pursuing these 

objectives. Each party will carry out its separate activities in a coordinated and mutually beneficial 

manner. 

Nothing in this MOU shall obligate any Participating Agency to obligate or transfer funds. Specific 

work projects or activities that involve the transfer of funds, services, or property among the various 

Participating Agencies will require execution of separate agreements and will be contingent upon the 

availability of appropriated funds. Any such activities must be independently authorized by 

appropriate statutory authority. This MOU does not provide such authority. Negotiation, execution, 

and administration of each such agreement must comply with all applicable statutes and regulations. 

VI. Third Parties 

This MOU is not intended to and does not create any right, benefit, or trust responsibility, substantive 

or procedural, enforceable at law or equity, by any party against the United States, its agencies, its 

officers, or any person. 

VII. Administrative Provisions 

l. This MOU takes effect upon the signature of all Participating Agencies and shall remain in effect 

until December 31, 2017. This MOU may be extended or amended upon written consent from any 

Participating Agency and the subsequent written concurrence of the others. 

2. Any Participating Agency can opt out ofthis MOU by providing a 60-day written notice to the 

other signatories. 

3. Other Federal agencies may participate in this MOU at any time while the MOU is in effect. 

Participation will be evidenced by an agency official signature on the MOU. 

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VIII. Signatures of the Participating Agencies of the MOU on Indian Sacred Sites 

tta 

e e ry 

U.S. Department of Defense 

~s 

Ken 

U.S. 

Secretary 

Salazar 

Department of

~ the Interior 

Thomas J. Vilsack 1 

Secretary / 

U.S. Department of Agriculture 

/1 / !>J( tL 

Date 

NOV 3 0 2012 

Date 

Steven Chu 

Secretary 

U.S. Department of Energy 

Milford Wayne Donaldson, F AIA 

Chairman 

Advisory Council on Historic Preservation 

Date 

NOY 3O2012 

Date 

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