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

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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.

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§ 170.108 - How do the Secretaries prevent discrimination or adverse impacts?
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§ 170.110 - What if discrimination or adverse impacts occur?