54.04.020 Procedures for Obtaining a Permit to Proceed

(a) Submission of application for permit to proceed. Prior to beginning any archeological investigation activities on Tribal lands and waters, all Tribal members, Tribal employees, lessees, individuals and organizations contracting with the Tribe, and individuals representing government agencies shall complete and submit an application form for a permit to proceed from the Tribal Historic Preservation Officer.

(b) The Tribal Historic Preservation Officer shall review the application, and determine, following a review of the existing Tribal Historic Preservation Office files covering that area, if an archaeological field investigation will be required. The THPO shall notify the applicant within 30 days of a decision to deny such permit.

(c) Archaeological review. All areas on Tribal lands and waters to undergo archeological investigation activities, not specifically excluded herein this title, and not previously investigated for the presence of archaeological, historical, or cultural remains, shall be subject to the archaeological review process to determine the presence of such remains as part of the application for a Permit to Proceed. The THPO shall notify the applicant within 30 days of any decision to deny such a permit. The archaeological review consists of the following:

(1) Field search. Pre-field investigations—THPO staff check files and atlas recording the locations of identified historic properties and the locations of areas previously investigated.

(2) Field archaeology. The project area presented in the permit application is investigated by a qualified archaeologist to record and describe any identified historic properties.

(d) Permit contingencies. Based on the results of the archaeological review, the Tribal Historic Preservation Officer will determine whether or not a Permit to Proceed will be granted for the commencement of the ground disturbances related to the project being considered. The Tribal Historic Preservation Officer shall determine:

(1) Permit to Proceed granted, no contingencies;

(2) Permit to Proceed granted, with contingencies;

(3) Permit to Proceed not granted; project may not proceed following plans presented to the Tribal Historic Preservation Officer.

(e) The permit applicant may resubmit a new application based upon changes made in consultation with the THPO to remove or minimize any impacts to identified historic properties.