Center for Environmental Excellence by AASHTO CENTER HOME  
skip navigation
CEE by AASHTO Home  |  Close Window
Programmatic Agreements Library (PAL) Database
About PAL | View Agreements | Suggest a Programmatic Agreement | Send Comments

Programmatic Agreement Details Printer Friendly Version Back to Agreements Listing»
PA Category State
Section 106 PA
PA Title
Memorandum of Understanding Among the Pennsylvania Division of the Federal Highway Administration and the Oneida Nation of Wisconsin Regarding Tribal Consultation
PA Overview
This Memorandum of Understanding (MOU) defines the process by which the Federal Highway Administration (FHWA), with assistance by the Pennsylvania Department of Transportaton (PENNDOT), will meet its responsibilities to consult with the Oneida Nation of Wisconsin. PENNDOT will notify the Tribe of projects within its geographic area of interest. FHWA retains the ultimate responsibility for complying with all federal requirements pertaining to direct government-to-government consultation with the Tribes.
Signatories
Federal Highway Administration
Oneida Nation of Wisconsin
Pennsylvania Department of Transportation
Date of Original PA Expiration Date
2006 Five years from execution date
Renewal Provisions/Process
FHWA will conduct a review of the agreement within two years of its full execution and, if the agreement is extended, also two years thereafter. The Oneida Nation of Wisconsin and PENNDOT will be invited to participate in the reviews.
Geographic Coverage Display
Other
Applicability
This MOU applies to all Federal-Aid highway program undertakings in the geographic area of interest to the Oneida Nation of Wisconsin.
Key Attributes
The MOU identifies the geographic area of interest  within Pennsylvania for the Oneida Nation of Wisconsin. PENNDOT will notify the Oneida Nation of Wisconsin of PENNDOT Federal-aid highway projects located within the Tribe's geographic area of interest. The notification will include a description of the undertaking, location information, and status in regard to the potential for archaeological sites. The notification gives the Tribe a reasonable opportunity to identify its concerns about historic properties, advise on the identification and evaluation of historic properties, articulate its views on the effect of the undertaking on those properties, and participate in the resolution of adverse effects.  The Tribe will respond to requests for information or consultation within 30 days of receiving the notification.

Comments on Development/Use of PA
PENNDOT staff traveled to Wisconsin to meet face-to-face with members of the Tribe while developing the MOU. The MOU formalizes procedures that PENNDOT had been following informally. As of June 28, 2007, three other Tribal MOUs have been executed. All follow the same format as this agreement.

Estimated # of Projects Served or Processed Under Agreement (per year)
Up to 100 projects are processed per year under this agreement.
Contacts
Mike Stanilla (Primary Contact)
PennDOT Environmental Quality Assurance Division/Cultural Resources Section
Tribal Consulatation Coordinator
(717) 214-8713
c-mstanilla@state.pa.us

Dr. Ira Beckerman
Cultural Resources Section Chief
Pennsylvania Department of Transportation
(717) 772-0830
http://www.dot.state.pa.us/Internet/Bureaus/pdCulturalResources.nsf/CultResHomepage?OpenFrameset
Web Address
ftp://ftp.dot.state.pa.us/public/bureaus/BEQ/mouo.pdf
File Attachments
Pennsylvania_Section 106_Oneida Nation_2006.pdf (807 kb)
  Printer Friendly Version Back to Agreements Listing »

About PAL | View Agreements | Suggest a Programmatic Agreement | Send Comments