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Section 106Tribal Consultation By Cheryl Martin Minnesota Division Office June 29, 2006
Background • 1994 Presidential Memorandum • 1997 FHWA Indian Issues Conference • Project related issues • 1997 Attendance at Wisconsin meeting • 1998 ACHP Regulations Issued (revised regulations subsequently reissued effective January 11, 2001)
August – October 2000 • Minnesota Division Administrator initiates meetings with the eleven Federally-recognized Minnesota Tribes. • Ten tribes visited.
Agenda for Tribal Visits 1. Introductions 2. Brief description of FHWA responsibilities 3. TERO/Indian employment issues 4. Historic & cultural resources issues ** 5. Planning & programming issues 6. Mn/DOT’s proposed Native American Liaison position 7. Specific tribal issues
Section 106 Requires the agency official to consult with any Indian tribe or Native Hawaiian organization that attaches religious and cultural significance to historic properties that may be affected by an undertaking.
How to determine the tribes with which to consult? • In-state tribes • Out-of-state tribes
Out-of-State Tribes • http://www.cast.uark.edu/other/nps/nacd/ • Identifies twelve out-of-state tribes with historical ties to Minnesota
Section 106 Information • Does the tribe have any Section 106 consultation agreements with other federal agencies? • In what geographic area does the tribe have an interest? • Who does the tribe designate as a contact person for historic & cultural resources issues? • How does the tribe want to receive notification of projects?
Section 106 Information(Continued) • How does the tribe want to process projects (e.g. individually, programmatically, etc.)? • What is the tribe’s opinion concerning Mn/DOT initiating consultation in FHWA’s stead? • Does the tribe have an interest in other states?
Section 106 Tribal Consultation • Met with all 11 Minnesota tribes • Four Memorandums of Agreement executed which detail the consultative process (1 being revised); 1 ready to be executed; 1 being reviewed by tribe; 3 others drafted; 2 to be developed • Meet with out-of-state tribes with historical ties to Minnesota
Lessons Learned • Each tribe is unique • Priority issues vary from tribe to tribe • Be proactive and persistent • Some tribes will want the federal agency (e.g. FHWA) to take a lead role in consultation • Follow up • Varying amounts of education is required by both tribes and agencies