Office of Environmental Management
"A dialogue to build partnerships and address transportation-related issues of concern to agencies and federally-recognized Indian Tribes"
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 with Native American Tribes are outlined below.
Send Advance Notification (AN) according to Project Development and Environment (PD&E)
manual guidelines. The AN is provided to the Tribes to inform them of the proposed project and to initiate consultation under Section 106. The purpose is to seek Tribal input on any concerns or interests any Tribe may have regarding
the potential effects of the proposed undertaking on historic properties and on properties of religious and cultural significance to the tribe.
If a Tribe contacts FDOT prior to or during the cultural resources assessment survey (CRAS) and has provided information which is related to the historic and archaeological survey area surrounding the project, this information must
be considered in developing and conducting the CRAS and must be addressed as appropriate in the CRAS report. In responding to such a request from a Tribe, the response must include a clear statement that the project is being developed
in accordance with the provisions set forth in Section 106 of the National Historic Preservation (54 U.S.C. Section 306108) and Chapter 267, Florida Statutes.
If a Tribe expresses an interest in the project, include the Tribal comments in the project file and include them for additional consultation during the Section 106 process. Inform the appropriate PDC at OEM for that District of the Tribe's interest.
When a Tribe expresses an interest in a project which will require a federal permit, notify the permit agency of the Tribal interest in the undertaking. If a Tribe has a question about a project, inform the appropriate PDC and coordinate with OEM to provide an appropriate response and keep all communications with the Tribes in the project files.
For state-only funded projects, the District serves as the state lead for the project. For FHWA funded projects, OEM serves as the lead federal agency for the project. On state-only projects, the District should only copy the appropriate PDC. If any important issues arise during consultation with a Tribe or a federal permit agency on a state-only project, the District should notify the appropriate PDC.
If at any time during the Section 106 process, a
Tribe requests government to government consultation with the Federal Highway Administration, inform the appropriate PDC.
Native American Coordination Information