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| How Can and Have Federal Funds Been Used to Pay Tribes During the Consultation Process? |
| How to Consult When On-Tribal Land Versus Off-Tribal Land |
| Guidance
Consulting with Indian Tribes in the Section 106 Process. This document reviews the requirements for federal agencies to consult with federally-recognized Indian tribes, pursuant to 36 CFR 800. This document explains when federal agencies must consult and what issues must addressed as part of this consultation.
Best Practices
Nevada Department of Transportation
Hoover Dam Bypass Project [PDF 2.72mb]. The management team for this project won national recognition for its multiple agency partnering and coordination efforts, particularly in the area of tribal consultation. This project involved extensive consultation with tribes in terms of impacts to significant archaeological resources. Stan Rice, President of the Yavapai Prescott Indian Tribe stated, “We have reviewed the materials prepared by the government to government consultation on the Hoover Dam Bypass Project and concur that consultation was held in an exemplary manner.”
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| Consultation with Federally-Recognized Tribes Versus Non-Federally Recognized Tribes |
| Non-Federally Recognized Tribes
Federal agencies are not required to consult with non-federally recognized Indian tribes, unless a non-federally recognized tribe has identified itself as an interested party under Section 106, or has been invited by the agency to participate in the Section 106 consultation process as a consulting party (see Consulting with Indian Tribes in the Section 106 Review Process).
Guidance
“Section 106 Tribal Consultation Q & A’s”. The Federal Highway Administration (FHWA) has a website that provides brief summary statements on issues involving tribal consultation, including a discussion on what constitutes appropriate consultation methods. [back to top] | | |
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| How to deal with Consultation on Burials |
| Training Opportunities on Tribal Consultation |
| The SRI Foundation offers agency representatives and private sector contractors a one-day workshop on tribal consultation: Principles of Tribal Consultation. The workshop provides practical guidance and tools to help individuals interact and consult more effectively with tribes.
Periodically, the Falmouth Institute provides a two-day workshop on tribal consultation. Current course offerings can be found at www.falmouthinst.com.
U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Working Effectively With American Indians. This is a four-day field session that provides employees an awareness and a basic understanding of Indian cultures, history, and protocols.
The Advisory Council on Historic Preservation (ACHP) and the U.S. Federal Highway Administration (FHWA) – Tribal Consultation Workshops. The ACHP and FHWA are conducting a series of tribal consultation workshops across the country. These workshops are for the benefit of the FHWA division staff and their state DOT partners. The ACHP and FHWA have conducted two workshops so far, one in St. Louis last December (for the Midwest region) and a second on the Poarch Creek Reservation in southern Alabama (for the southeast region).Two more are planned in this fiscal year (2005). One in Rhode Island (for the New England area) and another in New York State (for the mid-Atlantic region). The workshops provide a basic overview of federal and Native American history and relations, and a review of the requirements for tribal consultation under Section 106. The workshops also provide an opportunity for tribes to introduce their historic preservation values and objectives. For more information, please contact Mary Ann Naber at maryann.naber@fhwa.dot.gov
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| Laws, Regulations and Executive Orders |
| Because many Indian tribes and Native Hawaiian organizations believe that divulging locational information and other information about the existence of traditional cultural properties will compromise the properties existence and sacred value, confidentiality of such information is of great concern. Section 304 of the National Historic Preservation Act permits federal agencies, with the approval of the Secretary of the Interior, to withhold such sensitive information from public disclosure. Confidentiality concerns can also be included in a Section 106 agreement document between tribes and federal agencies (36 C.F.R. part 800.2(c)(2)(ii)(E))[PDF 150kb]. For additional guidance about confidentiality see National Register Bulletin 29, Guidelines for Restricting Information about Historic and Prehistoric Resources To obtain a copy of this publication, write to the National Register of Historic Places, National Park Service, U.S. Department of the Interior, P.O. Box 37127, Washington, D.C. 20013-7127. [back to top] | | |
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| Identifying Traditional Cultural Properties and Other Guidance |
| Guidelines for Evaluating and Documenting Traditional Cultural Properties, by Patricia L. Parker and Thomas F. King, U.S. Department of the Interior, National Park Service, Bulletin 38. This bulletin provides definitions of what constitutes a traditional cultural property, includes examples of property types, and presents guidelines for identifying and evaluating traditional cultural properties for inclusion on the National Register of Historic Places.
Places That Count: Traditional Cultural Properties in Cultural Resource Management, by Thomas F. King, September 2003, Walnut Creek, CA, AltaMira Press. This book offers cultural resource managers practical information on the identification, documentation, and management of traditional cultural properties through tribal consultation.
The Indian Reservation Roads Program defines procedures and guidelines to be used by the FHWA, Bureau of Indian Affairs (BIA), and Indian tribal governments for roads on reservation lands. This document discusses the role of tribes in the transportation planning process in terms of what needs to occur to ensure tribal participation, how tribes are part of the planning process, and how tribal sovereignty can be maintained.
The FHWA Native American Coordination staff provides guidance and technical assistance to federally recognized tribes on a government-to-government basis. [back to top] | | |
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