Office of Environmental Management
Native American Tribal Consultation
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." 36 CFR Part 800 Section 800.16(f) It is the responsibility of the lead federal agency to make a reasonable and good faith effort to identify the appropriate Tribes to be consulted. In Florida, FDOT has assumed the role as lead federal agency for compliance with the National Environmental Policy Act (NEPA) pursuant to 23 USC Section 327 and in accordance with the implementing Memorandum of Understanding (MOU) executed on May 26, 2022.
Under NEPA Assignment, FDOT has the responsibility to conduct the day-to-day consultations and communications with Tribes affiliated with Florida for the purposes of compliance with Section 106. Generally, correspondence between the FDOT and Native American Tribes in Florida is conducted using electronic communications. When using electronic communications, please include a read receipt. The Tribal contacts below are provided for the use of District and Office of Environmental Management (OEM) staff for standard project coordination. However, any Native American coordination that falls outside of standard project discussions, namely anticipated adverse effects to culturally significant resources or sensitive topics such as burial grounds, funerary cultural material, or human remains should be conducted by the Department Native American Coordinator.
Notwithstanding NEPA Assignment, government to government consultation between Tribes and federal agencies remains the responsibility of FHWA as set forth in 23 C.F.R. Section 773.105(b)(4). In the event of a Tribe requesting government to government consultation, OEM will inform FHWA or other appropriate federal agencies of the request.
Tribes Involved in FHWA/FDOT Consultation
There are six federally recognized Tribes with cultural associations and interests in Florida currently involved in FHWA/FDOT consultation. For most Tribes, the contacts consist of the Tribal government and the Tribal preservation officials (THPO). Advanced Notifications, which initiate the Section 106 Process, are sent to the Tribal governments via the ETDM-EST. To continue the consultative process, the primary Tribal contacts for OEM and the FDOT Districts to utilize will be the historic preservation official(s) listed below for each Tribe. Certain details regarding communications with each Tribe are noted along with the contacts associated with the consulting Tribes.
Miccosukee Tribe of Indians of Florida | (Back to Top) |
Send all communications, notification letters, and copies of Section 106 correspondence and associated documents via email to Mr. Kevin Donaldson. Avoid providing the Cultural Resources Assessment reports to the Tribal Chair except when requested by the Tribe, and do not include any information related to human remains, burials, or burial associated artifacts in any correspondence or report to the Tribal Chairman.
Mr. Billy Cypress | Mr. Kevin Donaldson (email) |
Mississippi Band of Choctaw Indians | (Back to Top) |
Please note: ONLY consult with the Mississippi Band of Choctaw Indians on projects occurring in the Florida panhandle, west of the Apalachicola River to the Alabama State Line. Specifically, the Choctaw area of interest in Florida includes the following counties: Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington, Bay, Jackson, Calhoun, and Gulf.
The preferred method of notification in the consultation process is by email with electronic attachments or the ability to electronically download applicable documents from a file transfer protocol (ftp) site. Official Section 106 correspondence should, for formality, have the Chief as the addressee in the letter, but nothing should be submitted directly to the Chief.
Chief Cyrus Ben Mississippi Band of Choctaw Indians P.O. Box 6010 101 Industrial Road Choctaw, MS 39350 | Ms. Sarah Medlock (email) |
Muscogee (Creek) Nation | (Back to Top) |
The Muscogee (Creek) Nation’s geographical area of interest in Florida does not include Broward, Miami-Dade, Monroe and Collier counties. Therefore, it is unnecessary to provide the Muscogee (Creek) Nation an opportunity to comment on projects occurring in those counties. The current Tribal Historic Preservation Officer for the Muscogee (Creek) Nation is Ms. Corrain Loe-Zepeda. Ms. RaeLynn Butler serves as the Manager of the Historic and Cultural Preservation Department for the tribe. However, the Muscogee (Creek) Nation requested that all our Section 106 materials be provided to their general email address provided below.
Mr. David Hill Principal Chief Muscogee (Creek) Nation Office of the Administration PO Box 580 Okmulgee, OK 74447 | Historic and Cultural Preservation Department (email) Muscogee (Creek) Nation Cultural Preservation PO Box 580 Okmulgee, OK 74447 |
Poarch Band of Creek Indians | (Back to Top) |
Stephanie A. Bryan Tribal Chair Poarch Band of Creek Indians 5811 Jack Springs Road Atmore, AL 36502 | Larry D. Haikey (email) PBCI Tribal Historic Preservation Officer 5811 Jack Springs Road Atmore, AL 36502 |
Seminole Tribe of Florida | (Back to Top) |
Mr. Marcellus W. Osceola Chairman Seminole Tribe of Florida 6300 Stirling Road Hollywood, FL 33024 | Mr. Bradley Mueller, Compliance Review Specialist (email) Tribal Historic Preservation Office 30290 Josie Billie Highway, PMB 1004 Clewiston, FL 33440 |
Seminole Nation of Oklahoma | (Back to Top) |
Mr. Lewis J. Johnson Principal Chief Seminole Nation of Oklahoma PO Box 1498 Wewoka, OK 74884 | Mr. Ben Yahola (email) Tribal Historic Preservation Officer Historic Preservation Office Seminole Nation of Oklahoma PO Box 1498 Wewoka, OK 74884 |
OEM Contacts
FDOT NATIVE AMERICAN COORDINATOR
Jennifer Marshall, P.E.
Director, Office of Environmental Management
Jennifer.Marshall@dot.state.fl.us
850-414-4316
GENERAL INQUIRIES
Lindsay Rothrock, MA, RPA
State Cultural Resources Coordinator
lindsay.rothrock@dot.state.fl.us