Office of Environmental Management

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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 historic preservation officials (THPO). Advanced Notifications, which initiate the Section 106 Process, are sent electronically 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.

Native American Tribes are not members of the general public and that their participation in any given project is conducted through the Section 106 process. Do not send public notices, meetings, hearings, workshops, or other public involvement invitations to the Tribes unless they have specifically requested this additional level of involvement during project consultation.

Area of Interest: All of Florida.
Unless otherwise specifically requested, the Miccosukee prefer the opportunity to review and comment on projects which anticipate a Section 106 finding of Historic Properties Affected for historic properties in which they may have an interest or cultural affiliation. 

Send all communications, notification letters, and copies of Section 106 correspondence and associated documents via email to Mr. Kevin Donaldson. Avoid providing the cultural resource assessment survey (CRAS) 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.

Area of Interest: Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington, Bay, Jackson, Calhoun, and Gulf counties. 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.

The Choctaw have requested the opportunity to review and comment on all substantive ground disturbing projects within their area of interest (Stipulation VII of the Section 106 PA). Submit all CRAS documentation for projects within their area of interest regardless of the survey results and Section 106 finding. Minor projects (Stipulation V/VI of the PA) do not need to be submitted to them at this time, unless specifically requested.

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.

Area of Interest: All of Florida.
Unless otherwise specifically requested, the Poarch Band of Creek Indians (PBCI) prefer the opportunity to review and comment on projects which anticipate a Section 106 finding of Historic Properties Affected for historic properties in which they may have an interest or cultural affiliation. 

All CRAS documents and Section 106 materials should be provided electronically to the THPO via the email address provided below.

Area of Interest: All of Florida.
Unless otherwise specifically requested, the Seminole Tribe of Florida (STOF) prefer the opportunity to review and comment on projects which anticipate a Section 106 finding of Historic Properties Affected for historic properties in which the Tribe may have an interest or cultural affiliation. 

Please address correspondence to Tina Marie Osceola. All NHPA and NEPA related consultation requests and materials should be provided to the THPO's office via THPO Compliance email address provided below. Responses to Tribal communications should be sent to both THPOCompliance@semtribe.com and the individual reviewer who sent the communication.

Area of Interest: All of Florida.
Unless otherwise specifically requested, the Seminole Nation of Oklahoma (SNO) prefer the opportunity to review and comment on projects that fall into three categories: projects which anticipate a Section 106 finding of Historic Properties Affected for historic properties in which they may have an interest or cultural affiliation; projects that may interact with burial sites or may contain funerary objects; and projects with new ground disturbance in areas of high archaeological probability.

All CRAS documents and Section 106 materials should be provided electronically to the THPO via the email address provided below, and the Seminole Nation of Oklahoma has requested the following format for email submissions. Directions for the submitter are included in parentheses and should not be included in the actual email text.

OEM Contacts

FDOT NATIVE AMERICAN COORDINATOR

Jennifer Marshall, P.E.
Director, Office of Environmental Management
Jennifer.Marshall@dot.state.fl.us 
850-414-4316

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GENERAL INQUIRIES

Lindsay Rothrock, MA, RPA
State Cultural Resources Coordinator
lindsay.rothrock@dot.state.fl.us