"A dialogue to build partnerships and address transportation-related issues of concern to agencies and federally-recognized Indian Tribes"
Section 106 of the National Historic Preservation Act and its implementing regulations, 36 CFR Part 800: Protection of Historic Properties, effective August 5, 2004, require that federal agencies consult with federally recognized Native American Tribes in all phases of the Section 106 process when an agency undertaking may have the potential to affect Native American historic properties on or off Tribal lands. In recognition of the need to treat Native American issues and concerns in a manner that is consistent with current federal and state legislation, the FDOT, in partnership with the Federal Highway Administration (FHWA), Florida Division, established a government to government relationship with federally recognized Native American Tribes to ensure compliance with Section 106.
Pursuant to 23 USC 327 and the implementing Memorandum of Understanding (NEPA Assignment MOU) executed December 14, 2016, FDOT has assumed FHWA's responsibility for compliance under the National Environmental Policy Act (NEPA) for highway projects on the State Highway System (SHS) and Local Agency Program (LAP) projects off the SHS. Under NEPA Assignment, FDOT conducts the day to day consultations and communications with the federally recognized Native American Tribes for the purposes of compliance with Section 106. Notwithstanding NEPA Assignment, government to government consultation between the federally recognized Tribes and federal agencies remains the responsibility of FHWA. In the event of a Tribe requesting government to government consultation, FDOT's Office of Environmental Management (OEM) will inform FHWA or other appropriate federal agencies of the request.
FDOT recognizes the need to maintain a cooperative relationship between the Department, the FHWA, and the federally recognized Tribes affiliated with Florida. As a result, the goal of Native American consultation is to conduct good faith efforts to elicit information from the appropriate Tribes concerning properties of traditional or historical importance to them.
Native American Coordination Information