Tribal Consultation

• Presidential Memorandum regarding Tribal Consultation, November 5, 2009 (PDF —This memorandum reaffirms the Federal government’s commitment to tribal sovereignty, self determination, and self-government as laid out in Executive Order 13175. EO 13175 ensures all Executive departments and agencies consult with Indian tribes and respect tribal sovereignty as they develop policy on issues that impact Indian communities.
• U.S. Department of Transportation Plan of Action for Tribal Consultation—Tribal Transportation is the government-to-government relationship between the U.S. DOT and Tribal governments regarding roads, paths, and bridges which impact land use, culture, economic, social, and/or environmental quality of life for the area covered by a proposed plan.

FHWA

• Tribal Consultation Guidance and FAQs—These Guidelines and FAQs are references for FHWA staff responsible for carrying out the requirements of Section 106.
• Interagency Guidance: Transportation Funding for Federal Agency Coordination Associated with Environmental Streamlining Activities—This guidance addresses when reimbursement for tribal coordination is appropriate during the identification phase of the Section 106 process.

Advisory Council on Historic Preservation

• ACHP Policy Statements Regarding ACHP’s Relationships with Indian Tribes and Treatment of Burial Sites, Human Remains, and Funerary Objects — This policy statement describes ACHP’s relationships with Indian Tribes and includes issues of tribal sovereignty, government-to-government consultation, trust responsibilities, and many others.
• Consultation with Indian Tribes in the Section 106 Review Process: A Handbook 2012—The NHPA requires that, in carrying out the Section 106 review process, a Federal agency must consult with any Indian tribe that attaches religious and cultural significance to historic properties that may be affected by the agency’s undertakings. This ACHP handbook is a reference for federal agency staff responsible for compliance with Section 106.

• Tribal Consultation Best Practices — The National Association of Tribal Historic Preservation Officers (NATHPO) report on Tribal consultation best practices in historic preservation includes perspectives from Tribal governments and government agencies.
• New Echota Cultural Resource Study — In an unprecedented and pro-active approach, Georgia FHWA and DOT teamed up to conduct this study of this National Historic Landmark site already recognized as the birthplace of the modern Cherokee government and the beginning of the Trail of Tears. View the video online at the Archaeology Channel.
• North Dakota’s Collaborative Approach — The North Dakota Division of FHWA and DOT have forged a unique agreement with multiple tribes, residing in or with an interest in the state, that facilitates ongoing consultation.
• Oregon DOT and Siletz Tribes Protect Culturally Significant Dogbane — The Oregon DOT collaborated with the Siletz Tribes to transplant dogbane from along a highway to a protected wildlife refuge to improve Tribal access to the plant while maintaining roadway safety.

Agencies and Organizations

• The Bureau of Indian Affairs
• HUD Office of Native American Programs (ONAP)
• National Congress of American Indians
• National Association of Tribal Historic Preservation Officers
• Tribal Historic Preservation Officers

Programs

• FHWA Tribal Transportation Planning Program
• NPS Tribal Preservation Program

Resources

• Historic Preservation Fund Grants to Indian Tribes, Alaska Natives, and Native Hawaiian Organization—This website provides information for the current cycle of the National Park Service’s Tribal Preservation Program in support of historic preservation projects on tribal lands.
• Indian Land Cessions in the United States—This references provides a series of maps indicating the number and location of land cessions by Indian tribes.
• NPS NAGPRA Contacts Database—This NPS tool is for identifying consultation contacts for Indian tribes and Native Hawaiian organizations is currently being developed.
• Tribal Transportation Planning Program—This program provides guidance and technical assistance to Federally-recognized tribes in an effort to achieve a more effective working relationship with Indian tribal governments.

Tribal Section 106 Agreement Documents

The table below provides summary information about current Tribal Section 106 Agreement Documents.