Tribal Coordination. The OEM Director, serving as the Native American Coordinator, will be consulted by the District to ensure that the Tribes receive the proper information and are included in the determination of effects, if applicable. OEM will notify FHWA when coordinating with Tribes on instances of inadvertent discovery of human remains which have potential Tribal affiliation. For Native American human remains and/or grave goods discovered on Federal lands, the Federal land managing agency will be responsible for consultation under XXXXXX.
Tribal Coordination. As a result of the Tribal Summit and Tribal Workshop, the participating parties agree the DOT will notify the tribes who have an interest in a project area at one or more of the four consultation points during the “Can-Do” project development process [see Can Do/Section 106 Chart, Attachment 2].
1) Identification of the project’s “area of potential effect” (APE) when the project is initiated. Tribes are requested to notify the DOT if there are sensitive areas within the APE that need to be avoided.
2) Tribes are provided with prehistoric site information and maps.
3) Consultation regarding site treatment of National Register-eligible prehistoric sites affected by the project.
4) Tribes participating in an MOA regarding prehistoric sites receive a copy of the final data recovery report. A Tribal Notification Form accompanies the project submittal to the tribes. The notification form indicates the type of project, type of coordination or consultation, the findings, and requests a response. The form is a self-mailer to facilitate a response [see Tribal Notification Form, Attachment 3]. The DOT will be the contact point with the tribes until there has been a determination that the project will adversely affect a prehistoric site, or there is a conflict, at which time the FHWA will become actively involved in the consultation process. The DOT and FHWA will complete these steps and ensure that final review and comments are obtained from the SHPO and other consult ing parties. The FHWA, in partnership with the DOT- has the ultimate responsibility (as “Agency Official” under 36 CFR, Part 800 and Section 106 of the NHPA) to ensure these measures are completed. The signatures of the parties to this programmatic agreement attest to their commitment.
Tribal Coordination. Not Included.
Tribal Coordination. The requirements to consult with federally recognized Tribes in the Section 106 review process are derived from the specific language of Section 101(d)(6)(B) of the National Historic Preservation Act. They are also based on the unique legal relationship between federally recognized Indian tribes and the federal government embodied in the U.S. Constitution, treaties, court decisions, federal statutes, and executive orders. FHWA shall ensure that consultation provides Tribes a reasonable opportunity to identify concerns about historic properties; continue to advise on the identification and evaluation of historic properties, including those of traditional religious and cultural importance to them; articulate their views on the Undertaking’s effects on such properties; and participate in the resolution of adverse effects. Accordingly, the regulations require that FHWA make a reasonable and good-faith effort to identify Tribes that may attach religious and cultural significance to historic properties that may be affected by the undertaking. FHWA shall ensure that consultation under the Section 106 review process is respectful of tribal sovereignty in conducting consultations and recognizes the government-to-government relationship that exists between the federal government and federally recognized Indian Tribes.
Tribal Coordination. A. Tribal coordination will be conducted pursuant to tribal protocols that will be developed by the STB in consultation with tribes participating in the project, as discussed in the ID Plan.
B. Tribal protocols may be amended in accordance with Stipulation XIV if new tribal leadership is elected and proposes a different approach to coordinating the undertaking.
Tribal Coordination. The STB initiated consultation with the Tribes listed in Attachment A.3 of this Agreement regarding the Section 106 process, in conjunction with the preparation of the EIS. Specific consultation will continue as the terms of this Agreement are carried out, as follows:
