CONSULTATION WITH TRIBES. A. FHWA shall take the lead in identifying and establishing consultation with federally recognized Indian tribes consistent with the requirements of 36 CFR § 800.2(c)(2) and 36 CFR § 800.3(c)-(f). VTrans may provide general coordination information to Tribes but FHWA shall retain ultimate responsibility for complying with all federal requirements pertaining to government-to-government consultation with Tribes.
B. In accordance with 36 CFR § 800.3(f)(2), any Tribe that might attach religious and cultural significance to historic properties in the APE shall be identified by VTrans and invited, in accordance with 36 CFR § 800.3(f)(2), by FHWA to be consulting parties.
C. VTrans shall provide FHWA information from which FHWA can initiate consultation with Tribes early in the project planning process to identify cultural, confidentiality, or other concerns, and to allow adequate time for consideration.
D. FHWA shall ensure that consultation continues with Tribes throughout the Section 106 review 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.
E. Attachment 1, Tribal Consultation Protocol Matrix, contains the most current Tribal protocol processes and agreements.
CONSULTATION WITH TRIBES. A. FHWA shall retain ultimate responsibility for complying with all federal requirements pertaining to formal government-to-government consultation with Tribes. Notwithstanding any other provision of this stipulation, FHWA shall honor the request of any Tribe for formal government-to-government consultation regarding an undertaking covered by this Agreement.
B. In accordance with 36 CFR 800.3(f)(2), any Tribes that might attach religious and cultural significance to historic properties in the area of potential effects shall be identified by UDOT and invited to be consulting parties.
C. UDOT shall ensure that consultation with Tribes is initiated early in the project planning process to identify cultural, confidentiality, or other concerns and to allow adequate time for consideration.
D. UDOT shall ensure that consultation continues with Tribes throughout the Section 106 review 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.
E. Tribal consultation shall be done in accordance with 36 CFR Part 800, except where separate agreements have been executed with Tribes (Attachment 2).
F. If a Tribe requests formal government-to-government consultation with FHWA, Stipulations V.B-E will be the responsibility of FHWA, and, if the Tribe agrees, involve UDOT in that consultation process for the remainder of the project. If a Tribal request for government-to- government consultation with the federal government is received by UDOT, UDOT shall immediately inform FHWA. All correspondence with the Tribe prior to this request will be provided to FHWA. UDOT shall continue to carry out the remainder of responsibilities under this Agreement that are not the subject of government-to government consultation. This request will also apply to the consultation process for any post-review discoveries associated with the project, as described in Stipulation XI.B.
G. As described in Part 3.2.3 of the NEPA MOU, if a Tribe or FHWA determines that a project- specific issue or concern will not be satisfactorily resolved by UDOT where UDOT is deemed to be a federal agency, then FHWA may reassume all or part of the federal responsibilities for processing the project.
CONSULTATION WITH TRIBES. A. In addition to consultation as described in Part I of this Agreement, BOEM shall continue to consult with the Tribes throughout the implementation of this Agreement in a government-to-government manner consistent with Executive Order 13175, Presidential memoranda, and any Department of the Interior policies, on subjects related to the undertakings.
CONSULTATION WITH TRIBES. 1. In addition to all other opportunities to comment pursuant to Section 6.2, appropriate consultations shall occur with federally recognized Tribes in the Originating Party for all Proposals subject to Council or Regional Review pursuant to this Compact. Such consultations shall be organized in the manner suitable to the individual Proposal and the laws and policies of the Originating Party.
2. All federally recognized Tribes within the Basin shall receive reasonable notice indicating that they have an opportunity to comment in writing to the Council or the Regional Body, or both, and other relevant organizations on whether the Proposal meets the requirements of the Standard of Review and Decision when a Proposal is subject to Regional Review or Council approval. Any notice from the Council shall inform the Tribes of any meeting or hearing that is to be held under Section 6.2 and invite them to attend. The Parties and the Council shall consider the comments received under this Section before approving, approving with modifications or disapproving any Proposal subject to Council or Regional Review.
3. In addition to the specific consultation mechanisms described above, the Council shall seek to establish mutually agreed upon mechanisms or processes to facilitate dialogue with, and input from federally recognized Tribes on matters to be dealt with by the Council; and, the Council shall seek to establish mechanisms and processes with federally recognized Tribes designed to facilitate on-going scientific and technical interaction and data exchange regarding matters falling within the scope of this Compact. This may include participation of tribal representatives on advisory committees established under this Compact or such other processes that are mutually- agreed upon with federally recognized Tribes individually or through duly-authorized intertribal agencies or bodies.
CONSULTATION WITH TRIBES. FHWA shall take the lead in consultation with Indian tribes consistent with the requirements of 36 CFR 800.2(c)(2) and 36 CFR 800.3(c)-(f). DDOT may provide general coordination information to Tribes but FHWA shall retain ultimate responsibilities for complying with all federal requirements pertaining to government-to-governments consultation with Tribes.
CONSULTATION WITH TRIBES. A. Where formal consultation agreements with Tribes exist, CTDOT may provide general coordination information to Tribes but FHWA shall retain ultimate responsibility for complying with all federal requirements pertaining to government-to-government consultation with Tribes. Notwithstanding any other provision of this Stipulation III.A, FHWA shall honor the request of any Tribe for government-to-government consultation regarding an undertaking covered by this Agreement.
B. Any Tribes that might attach religious and cultural significance to historic properties in the area of potential effects shall be identified by CTDOT and invited, in accordance with 36 CFR § 800.3(f)(2), by FHWA to be consulting parties.
C. CTDOT shall provide FHWA information from which FHWA can initiate consultation with Tribes early in the project planning process to identify cultural, confidentiality, or other concerns and to allow adequate time for consideration.
D. FHWA shall ensure that consultation continues with Tribes throughout the Section 106 review 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. CTDOT will assist FHWA in such consultation if requested by FHWA.
E. FHWA may ask CTDOT to assist in consultation if the individual Tribes agree to alternate procedures.
CONSULTATION WITH TRIBES. A. The Federal Agencies recognize that they have a unique legal relationship with the Tribes set forth in the Constitution of the United States, treaties, statutes, and court decisions; and that consultation with the Tribes must therefore recognize the government-to- government relationship between the federal government and the Tribes. Nothing in this Agreement affects or changes FHWA, USFS, or WFLHD trust responsibilities and obligations toward the Tribes.
B. Consultation with the Tribes must also recognize and respect the government-to- government relationships that exist among Federal and State governments and the Tribes. The Section 106 review process is one of the consultations within the framework of those government-to-government relationships established by the NHPA, treaties, and other laws, agreements, and policies. This includes the Washington State Centennial Accord between the Federally Recognized Indian Tribes in Washington State and the State of Washington, dated August 4, 1989. The purpose of the accord between the Governor of Washington State and the 29 federally recognized Indian tribes is to better achieve mutual goals through an improved relationship between their sovereign governments and provides the framework for a government-to-government relationship.
C. WSDOT and the Federal Agencies shall ensure that the Tribes are provided information regarding proposed undertakings early in project planning and are invited to participate in consultation in accordance with the requirements of Title 54 U.S.C § 306102 of the NHPA and 36 CFR Part 800. Nothing in this Agreement abrogates the FHWA, USFS, or WFLHD’s responsibility for government-to-government consultation with the Tribes at their request. Upon receipt of a written request from any Tribe or officially designated representative of a Tribe to consult with FHWA or USFS in lieu of or in addition to WSDOT, FHWA or USFS shall consult with that Tribe for the particular undertaking or program.
D. WSDOT shall document any consultation it conducts with the Tribes on behalf of FHWA or USFS, and provides FHWA or USFS, respectively, the opportunity to participate directly in such consultation on individual undertakings as the circumstances warrant. WSDOT shall keep FHWA or USFS informed of the status of such consultation, provide advance notice of meetings so that FHWA or USFS respectively will have the opportunity to attend if desired, and supply documents including meeting notes and corresponden...
CONSULTATION WITH TRIBES. A. The Lead Federal Agency with assistance from Maine DOT shall identify and consult with Tribes consistent with the requirements of 36 CFR 800.2(c)(2) and 36 CFR 800.3(c)-(f). Maine DOT, may provide general coordination information to Tribes, but the Lead Federal Agency shall retain ultimately responsibility for all federal requirements pertaining to government-to-government consultation.
B. Maine DOT shall ensure that consultation with Tribes is initiated early in the project planning process to identify cultural, confidentiality, or other concerns and to allow adequate time for consideration of Tribal input.
C. Currently, per 36 CFR 800.3(f)(2), all federally recognized Tribes are invited to consult regardless of project location. Formal procedures and areas of interest for individual Tribes will be addressed in a separate tribal agreement initiated within 3 years.
D. The Lead Federal Agency, with assistance from Maine DOT, shall ensure that consultation continues with Tribes throughout the Section 106 review process prescribed by this Agreement whenever such tribes express a concern about an undertaking or about historic properties that may be affected.
E. The Lead Federal Agency may ask Maine DOT to assist in consultation if the Tribe agrees.
CONSULTATION WITH TRIBES. A. FHWA shall retain ultimate responsibility for complying with all federal requirements pertaining to government-to-government consultation with the Osage Nation and other consulting Tribes. FHWA has entrusted day-to-day tasks related to tribal documentation to ARDOT. FHWA Environmental Coordinator reviews and signs all documentation sent to the Osage Nation and other consulting Tribes. Notwithstanding any other provision of this stipulation, FHWA shall honor the request of any Tribe for government-to- government consultation regarding an undertaking covered by this Agreement.
B. If the scope of the undertaking requires Section 106 consultation, and in accordance with 36 CFR 800.3(f)(2), any Tribes that might attach religious and cultural significance to historic properties in the APE shall be identified by ARDOT and invited by FHWA to be consulting parties. Draft November 2020
C. FHWA shall ensure that consultation with the Osage Nation and other interested Tribes is initiated early in the project planning process to identify cultural, confidentiality, or other concerns and to allow adequate time for consideration.
D. FHWA shall ensure that consultation continues with the Osage Nation and other consulting Tribes throughout the Section 106 review process prescribed by this Agreement whenever the Osage Nation and other consulting Tribes express a concern about an undertaking or about historic properties that may be affected by an undertaking.
CONSULTATION WITH TRIBES. Consultation is the timely, mutual, meaningful, and interactive process of collaboration between the Tribes, FHWA, RIDOT, and the SHPO regarding historic properties of Tribal significance that may be affected by an undertaking.
A. FHWA shall take the lead in identifying and establishing consultation with Tribes consistent with the requirements of 36 C.F.R. §800.2(c)(2) and 36 C.F.R. § 800.3(c)-(f). RIDOT may provide project-specific information to coordinate with Tribes, but FHWA shall retain ultimate responsibility for complying with all federal requirements pertaining to government-to- government consultation with Tribes.
B. In accordance with 36 C.F.R. § 800.3(f)(2), any Tribes that might attach religious and cultural significance to historic properties in the APE shall be identified by XXXXX.
C. Coordination with the Tribes will be initiated early in the project planning process and/or early in the design process to identify culturally significant historic properties, confidentiality, or other concerns and to allow adequate time for coordination.
D. FHWA and RIDOT shall ensure that coordination continues with Tribes throughout the Section 106 review process as prescribed by this Agreement whenever Tribes express a concern about an undertaking or about historic properties that may be affected by an undertaking.
