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Office of Environmental Management / OEM Resources / Native American / Understanding Consultation
"A dialogue to build partnerships and address transportation-related issues of concern to agencies and federally-recognized Indian tribes"
What is 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)
When is consultation required?
Consultation is required during all phases of the Section 106 process. It is important to consult with the federally recognized tribes:
Who is involved with consultation?
The Department and the Tribal Historic Preservation Officers and other cultural and preservation officers of the six federally recognized Indian tribes affiliated with Florida are currently the key participants in consultation. The six tribes include:
The National Historic Preservation Act defines "Indian tribe as an Indian tribe, band, nation, or other organized group or community... which is recognized as eligible for the special programs and services provided by the United States because of their status as Indians." 36 CFR Part 800 Section 800.16(m)
Who is responsible for the consultation required by Section 106?
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 pursuant to 23 USC Section 327 and in accordance with the implementing Memorandum of Understanding executed on December 14, 2016.
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. 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 with FHWA, FDOT's Office of Environmental Management (OEM) will inform FHWA or other appropriate federal agencies of the request
What is a Tribal Historic Preservation Officer (THPO)?
What is the role of the Bureau of Indian Affairs (BIA) in Native American consultation?
Native American consultation takes place between the FHWA, FDOT and federally recognized tribes. The BIA recognizes the sovereignty of Indian governments and is involved in the Section 106 process as a consulting party only when a project involves BIA funding, a BIA road, or Indian land. For all other projects, the BIA is not involved in the Section 106 process.
Please contact the Director of the FDOT Office of Environmental Management (Jason Watts: 850-414-4316) with any questions.
Florida Department of Transportation
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