CONSULTATION WITH INDIAN TRIBES. X. XXXX, Caltrans, the Corps, SHPO, and ACHP recognize the unique knowledge and expertise Indian tribes may possess regarding their ancestral lands and historic properties and will consider that knowledge in making determinations and findings.
B. FHWA shall retain responsibility for government-to-government consultation with Indian tribes for Program undertakings. FHWA and the Corps Districts shall retain responsibility for government-to-government consultation with Indian tribes for DA Permit applications for Program undertakings. Caltrans recognizes the government-to-government relationship
C. In accordance with 36 CFR § 800.2(c)(2)(ii)(E), FHWA and Caltrans may enter into agreements with Indian tribes that specify how they will carry out their responsibilities with regard to tribal participation in 36 CFR Part 800 review.
D. Notwithstanding any other provision of this stipulation, FHWA, and the Corps Districts shall honor the request of any Indian tribe at any time in the 36 CFR Part 800 process for government-to-government consultation regarding an undertaking covered by this Agreement. If a tribal request for government-to-government consultation with the federal government comes to Caltrans, Caltrans shall immediately inform FHWA, or the Corps District as applicable. If any Indian tribe requests government-to-government consultation with FHWA, or the Corps District, FHWA and the applicable Corps District shall conduct the government-to-government consultation, and, if the Indian tribe agrees, involve Caltrans in that consultation process. Caltrans, however, shall continue to carry out the remainder of responsibilities under this Agreement that are not the subject of government-to-government consultation.
E. To provide for an effective and efficient consultation process, when Caltrans is deemed to be a federal agency pursuant to 23 USC § 326 and 23 USC § 327, Caltrans shall conduct 36 CFR Part 800 consultation with Indian tribes for undertakings covered by this Agreement and shall assist FHWA, and the Corps District as applicable, in project specific government-to-government consultation, if an Indian tribe does not object. Each Caltrans District Director, and when Caltrans deems it appropriate, the Caltrans Director, shall be responsible for ensuring that any Caltrans consultation with Indian tribes complies with this stipulation. Caltrans shall consult with Indian tribes in accordance with 36 CFR Part 800 and Appendix 78 to this Agreement.
1. In acc...
CONSULTATION WITH INDIAN TRIBES. A. FHWA shall retain ultimate responsibility for complying with all federal requirements pertaining to direct government-to-government consultation with Indian tribes. Notwithstanding any other provision of this stipulation, FHWA shall honor the request of any Indian tribe for direct government-to-government consultation regarding an undertaking covered by this Agreement.
1. To provide for an effective and efficient consultation process, however, Caltrans is authorized by FHWA to carry out consultation with Indian tribes for undertakings covered by this Agreement. Each Caltrans District Director, and where Caltrans deems it appropriate, the Caltrans Director, shall ultimately be responsible for ensuring that any Caltrans consultation with Indian tribes authorized hereunder complies with this stipulation.
a. Caltrans shall conduct this consultation in a manner that is respectful of tribal sovereignty and that recognizes and respects the government-to-government relationship between Indian tribes and FHWA.
b. Caltrans shall ensure that consultation with Indian tribes is initiated early in the project planning process to identify cultural, confidentiality, or other concerns and to allow adequate time for consideration of such concerns.
c. Caltrans shall ensure that consultation continues with Indian tribes throughout the Section 106 compliance process prescribed by this Agreement whenever such tribes express a concern about an undertaking or about historic properties that may be affected by an undertaking.
CONSULTATION WITH INDIAN TRIBES. X. Xxxxxxxx and the SHPO recognize the unique knowledge and expertise Indian Tribes may possess regarding their ancestral lands and will consider that knowledge in making determinations and findings.
B. Caltrans shall consult with Indian Tribes in accordance with Appendix 7 to this MOU.
1. Caltrans Districts shall consult with the representatives designated or identified by the tribal government and shall commence consultation early in the project planning process in order to identify and discuss relevant preservation issues, resolve concerns about the confidentiality of information on historic properties, and allow adequate time for consideration of such concerns.
2. Caltrans Districts have the responsibility to ensure that consultation continues with Indian Tribes throughout the PRC 5024 process prescribed by this MOU whenever such tribes express a concern about an undertaking or about historic properties that may be affected by an undertaking.
CONSULTATION WITH INDIAN TRIBES. 1. Through consultation with the appropriate Tribes, the BLM will identify and evaluate historic properties to which Native Americans attach religious or cultural significance, pursuant to 36 CFR 800.2(c)(2)(ii). Consultation on identification, evaluation, and treatment efforts shall be consistent with BLM Manual H-1780-1.
CONSULTATION WITH INDIAN TRIBES. 165 X. XXXX, Caltrans, the Corps, SHPO, and ACHP recognize the unique knowledge and expertise 166 Indian tribes may possess regarding their ancestral lands and will consider that knowledge in 167 making determinations and findings.
CONSULTATION WITH INDIAN TRIBES. When the City administers Programs, or serves as the responsible entity for grant recipients under Programs, that are funded by HUD and for which HUD provides for the City to assume HUD’s environmental review responsibility, the City will follow the procedures outlined in 24 CFR Part 58 and HUD Notice CPD-12-006.
