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Environmental Management Office

FDOT | EMO | Native American Coordination | Protocol

"A dialogue to build partnerships and address transportation-related issues of concern to agencies and federally-recognized Indian tribes"

Native American Coordination Native American Coordination

The Section 106 regulations define consultation as "the process of seeking, discussing, and considering the views of other participants, and, where feasible, seeking agreement with them regarding matters arising in the Section 106 process." The basic steps to follow when conducting consultation are outlined below.

Step 1:

Send Advance Notification (AN) according to Project Development and Environment (PD&E) manual guidelines.

Step 2:

Send a Notification Letter to each of the six federally recognized tribes to initiate Section 106 consultation when the Cultural Resources Assessment Survey (CRAS) is initiated. Unless otherwise directed, FHWA writes a government-to-government letter signed by the Division Administrator to the federally recognized chief or chair of each tribe, with copies to the THPO or Tribal Section 106 representative. 

This notification letter should include the following:

  • A clear statement that the project is being conducted pursuant to Section 106 of the National Historic Preservation Act
  • A statement that the letter is intended to initiate project-specific consultation between FDOT and the federally recognized tribe [include the full, legal name of the tribe] and to identify any issues of importance to the tribe
  • A brief description of the project and proposed improvements
  • A map showing the location of the project and proposed improvements
  • A statement that a CRAS will be conducted and a copy of the report will be forwarded to the tribe
  • A request for comments from the tribe
  • The names of the FDOT contact person

The Chief of the Miccosukee Tribe of Indians of Florida has formally designated Fred Dayhoff as the Section 106 representative and directed that all correspondence regarding Section 106 issues be sent directly to Fred Dayhoff.  Letters to the other five federally recognized tribes should be sent to the Chief or Chairman with a copy to the historic preservation representative.

Step 3:

Provide a draft transmittal letter and six copies of the final CRAS report to FHWA for distribution to the six federally recognized tribes.

  • If comments are received, FHWA consults with FDOT Native American Coordinator, then with the THPO or tribal Section 106 representative
  • If no comments are received, FHWA proceeds with the Section 106 process

Native American Coordination Information