Summary of the requirements for moving fee lands into trust and the role NEPA plays in the process and brief discussion of the process. §800 et seq.) may also apply. Discuss how to engage in Tribal consultation ; Watch the webinar recording. Under NEPA Assignment, NDOT initiates and conducts tribal consultation in accordance with the terms and conditions of the NEPA Assignment Memorandum of Understanding, identified tribal protocols, and These include: On what kinds of proposed projects does FTA consider consulting with tribal governments?Tribal consultation should be considered for all classes and types of NEPA actions, including Categorical Exclusions (CEs) that may affect tribal lands or interests. Tribal Consultation Agency officials must consult with federally-recognized Indian tribes when a HUD-assisted project may affect historic properties of religious and cultural significance to them. 4. Office of NEPA Policy and Compliance EO 13175: Consultation and Coordination With Indian Tribal Governments (2000) Executive Order 13175 reaffirms the Federal government's commitment to tribal sovereignty, self-determination, and self-government. (NEPA), the tribal consultation requirements of Section 106 of the National Historic Preservation Act of 1966 (154 U.S.C. Finally, most Federal agencies have policy documents that provide agency-specific provisions for coordination with Tribal … Tribal Consultation Session on Fee-to-Trust Regulations (Rescheduled from March 25, 2018) *Cancelled* Tribal Consultation Session on Fee-to-Trust Regulations (due to inclement weather) Tribal Consultation on the Indian Trust Asset Reform Act. (1999). CEQ Guidance and Executive Orders Related to Tribal Coordination: CEQ acknowledges and appreciates the support and service provided by the Department of Energy Office of Environment, Health, Safety and Security supporting the NEPAnet web site. A lock ( LockA locked padlock ) or https:// means you’ve safely connected to the .gov website. Review the U.S. Department of Housing and Urban Development’s Tribal Directory Assessment Tool website. U.S. Institute for Environmental Conflict Resolution, National Environmental Conflict Resolution Advisory Committee Report, Environmental Collaboration and Conflict Resolution. Final Rule for the National Environmental Policy Act (NEPA) Procedures. The EAs and EISs may be prepared by third parties (e.g. Forest Service hosted a Tribal information-sharing webinar on the Agency's final NEPA rule. Successful consultation helps WSDOT achieve its mission to deliver transportation projects on time and on budget. streamlining tribal consultation with PENNDOT and the Pennsylvania FHWA. The tool provides a county by county list of Indian tribes that may have current and historical ties to particular areas. Share sensitive information only on official, secure websites. An official website of the United States government Here's how you know. The NC TC is a Chumash Senate Bill 18 compliant Chumash governing tribal council located in San Luis Obispo County. Finally, most Federal agencies have policy documents that provide agency-specific provisions for coordination with Tribal entities. (2009), Department of Transportation programs, Policies, and Procedures AffectingAmerican Indians, Alaska Natives, and Tribes, DOT 5301.1. Improving Interior’s Consultation with Tribes: Development of the U.S. Department of the Interior’s Plan for Improving Implementation of EO 13175, Consultation and Coordination with Indian Tribal Governments On January 26, 2021, President Biden issued a Memorandum on Tribal Consultation and Strengthening Nation- Introduction Consultation between the United States Federal government and Federally-recognized tribal nations is a directive at the highest level. 300101, 36 C.F.R. The need and responsibility for Federal Transit Administration to consult with Indian Tribes is based on the Federal trust relationship. 1. In addition to provisions in Sections 1501.2 and 1501.7 of the CEQ Regulations that call for the involvement of Tribes that may be affected by a Federal proposal, CEQ issued a Memorandum to the Heads of Federal agencies encouraging more active solicitation of Tribal entities for participation as cooperating agencies in NEPA documents. The tools below provide information and guidance on when and how … (1) The responsible FAA official … Tribes also provided insights regarding tribal consultation required by the National Historic Preservation Act (NHPA) and National Environmental Policy Act (NEPA). 93-638 Contracts or Self-governanceCompacts with the BIA. Meaningful coordination with Tribal entities, and analysis of a proposed action's potential affect on Tribal lands, resources, or areas of historic significance is an important part of Federal agency decision making. The decision to create a comprehensive manual resulted from tribal feedback. It should not be interpreted in the NEPA or Council on Environmental Quality NEPA Regulations sense, as that would set a higher threshold for consultation than is intended.] Many Indian tribes have public websites, and there are a handful of online tribal publications that may be useful. It also helps under the federal authorities cited above building issues. ET 2. The ACHP, an independent federal agency established by the NHPA, oversees the implementation of the Section 106 process, issues its implementing regulations (36 CFR Part 800), and may participate in consultation to resolve adverse effects to historic properties. 2. ET For more information and call-in number, please read the Announcement. § 4321 et seq.) Employer Retention Credit: 3:00 p.m. to 4:00 p.m. For tribes who have indicated an interest in the entire state, a map with all the counties labeled can be found on page 10 of the Outreach to the Indian tribes should come at the very beginning of federal involvement during NEPA scoping or early scoping. Executive Order 13175 Consultation and Coordination with Indian Tribal Governments, issued by President Clinton in 2000, recognized tribal rights of self-government and tribal sovereignty, and affirmed and committed the federal government to a work with Native American tribal governments on a government-to-government basis. The Treasury Department will be hosting two Tribal Consultations on Tuesday, April 14, 2020. SUMMARY: The Commission is revising its Policy Statement on Consultation with Indian Tribes in Commission Proceedings by adding a specific reference to treaty rights; a statement that the Commission addresses tribal input in its NEPA documents and orders, and consultation with Alaska Native Corporations. Pennsylvania Tribal Consultation Handbook 1. Business Hours:8:30 a.m.-5 p.m. Tribal Consultation and Engagement in the Era of Streamlining. The proposed regulations also update provisions in the current regulations by eliminating the limitation of tribal interests to reservations. Assess tribal interest in previous projects in the project vicinity. With increased pressure to streamline the NEPA process, and subsequently compliance with other federal laws such as Section 106 of the National Historic Preservation Act (NHPA), tribal consultation and engagement has become a key topic in this national conversation. If your project is also subject to the federal National Environmental Policy Act (42 U.S.C. Native Americans are minorities in many communities, raising the need to investigate environmental justice issues.Does the absence of tribal land make consultation unnecessary?The National Historic Preservation Act Section 106 regulations (36 CFR Part 800.15) direct federal agencies to make a “reasonable and good faith” effort to identify whether there would be tribal interest in an undertaking. Tribal Consultation 101 “Tribal consultation” refers to the federal government’s legal obligation to consult with Native American tribes on energy and infrastructure projects, such as highways and railroads, pipelines, telecommunications towers and systems, and electrical transmission lines. Tribal consultation efforts should be discussed in the environmental document.What about non-federally recognized tribes?Exists a distinction between federally recognized Indian tribes and those who are not. In some cases, members of a non-federally recognized tribe may be direct descendants of indigenous peoples who once occupied a particular Native American site to be affected by the undertaking, or they might be able to give FTA additional information about historic properties that should be considered in the review process. government-to-government consultation with tribes, and this responsibility continues under National Environmental Policy Act (NEPA) Assignment. Implementing Section 106 Consultation requirements into the NEPA process. All of these requirements are applied, when appropriate, during the NEPA process. regulations implementing NEPA specifically require us to consult with Indian tribes. https://www.epa.gov/tribal/forms/consultation-and-coordination-tribes National Park Service’s Native American Consultation Database (NACD). The NC TC has met all the qualifications to be placed on the NAHC Senate Bill 8 list for General Plan Amendments with local Cities and Counties. Secure .gov websites use HTTPS Primary tribal leaders are encouraged to provide comments. The NEPA review process can be used to meet our tribal consultation responsibilities under several other authorities—NAGPRA, AIRFA, NHPA and EO 13007—providing us with a good way to consolidate our consultation efforts and the documentation of those efforts. Requirements associated with meeting the ESA requirements on tribal lands when federal dollars or permits are involved. Consultation with Indian tribes should be included in the Coordination Plan (The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) Section 6002) for EIS and EA projects. The FEMA Tribal Policy was revised and updated following the tribal consultation period from August 22, 2016 to October 28, 2016 and superseded the previous FEMA Tribal Policy, which was effective from 2013-2016. 1210.20, American Indian and Alaska Native Tribal Consultation Policy and Procedures, dated January 28, 2004, provides specific guidance for FAA personnel on how to conduct those government-to-government consultations for FAA activities. ET, M-F. What is the legal basis for consulting with tribal governments? Section 106 of the National Historic Preservation Act of 1966 (link removed, replaced by Title 54 of the United States Code) requires tribal consultation in all steps of the process when a federal agency project or effort may affect historic properties that are either located on tribal lands, or when any Native American tribe or Native Hawaiian organization attaches religious or cultural significance to the … Payroll Protection Program (jointly with the U.S. Small Business Administration): 1:30 p.m. to 2:30 p.m. A few resources for identifying tribal groups: Document all efforts to identify Indian tribes that may have potential interest in a proposed transit project.This effort could be briefly referenced in a sentence or two in NEPA documents. It should not be interpreted in the NEPA or Council on Environmental Quality NEPA Regulations sense, as that would set a higher threshold for consultation than is intended.] In addition, Executive Order 13175, Consultation and Coordination With Indian Tribal Governments (November, 6 2000), outlines requirements for consultation with Tribal Governments. Additional Resources:                                                   U.S. Department of Transportation, Resources for Tribes and Tribal Governments, Implementing Regulations of the National Historic Preservation Act (36 CFR Part 800), Federal Highway Administration (FHWA), Tribal Transportation Planning, Advisory Council on Historic Preservation (ACHP), Consulting with Indian Tribes in the Section 106 Review Process, White House – Indian Affairs Executive Working Group, List of Federal Tribal Consultation Statutes, Order, Regulations, Rules, Policies, Manuals, Protocols, and Guidance (January 2009), Council on Environmental Quality (CEQ),Consultation and Coordination with Indian Tribal Governments (Executive Order 13175 ), U.S. Department of Transportation Programs, Policies, and Procedures Affecting American Indians, Alaska Natives, and Tribes, DOT 5301.1 (November 16, 1999), American Association of State Highway and Transportation Officials (AASHTO) Center for Environmental Excellence, Tribal ConsultationBureau of Indian Affairs, Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs and 2010 Supplement to IndianEntities Recognized List, Find the Latest Information on the Coronavirus/COVID-19 at, United States Department of Transportation, Coordinating Council on Access & Mobility, FTA-HUD/PIH Partnership for COVID-19 Recovery, Environmental Standard Operating Procedures, Environmental and Sustainability Management Systems, Environmental Training and Technical Assistance, Funding Opportunities for Tribal Entities, Resources for Tribes and Tribal Governments, Consulting with Indian Tribes in the Section 106 Review Process, List of Federal Tribal Consultation Statutes, Order, Regulations, Rules, Policies, Manuals, Protocols, and Guidance, Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs, Implementing Regulations of the National Environmental Policy Act, 40 CFR Parts 1500-1508, Implementing Regulations of the National Historic Preservation Act, 36 CFR Part 800, Native American Graves Protection and Repatriation Act, 25 U.S.C. consultation process to address tribal natural and cultural resources issues is largely conducted under the broader NEPA umbrella. Washington, DC 20590 This can include non-recognized tribes. Request advice from the State Historic Preservation Office or other cultural resource specialists in the state or region for a list of tribes. applicants, tribal corporations, private consultants). (d) There is no obligation to consult with tribes absent a proposal that "may have the potential to significantly affect" tribal When federally recognized tribes speak of “government-to-government” consultation, they are often referring to consultation between a designated tribal representative and a designated representative of the federal government.A side from the government-to-government responsibilities, however, and aside from the NHPA’s direction to consult with interested tribal governments, Section 106 requires FTA to consider consulting with parties that have a demonstrated interest in the potentially affected area/resource. The last Executive Order to deal with the issue of tribal consultation (EO 13175 of November 6, 2000) “Consultation and In addition, Executive Order 13175, Consultation and Coordination With Indian Tribal Governments (November, 6 2000), outlines requirements for consultation with Tribal Governments. Consultation with Indian tribes should be included in the Coordination Plan (The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) Section 6002) for EIS and EA projects. Official websites use .govA .gov website belongs to an official government organization in the United States. government-to-government consultation unless Tribe disclaims interest. Outreach to the Indian tribes should come at the very beginning of federal involvement during NEPA scoping or early scoping. U.S. Department of Transportation Tribal Consultation Plan (2010). Find the Latest Information on the Coronavirus/COVID-19 at FTA's Coronavirus landing page. Note that the consultation obligation may not be delegated to the grantee without tribal consent. WSDOT Model Comprehensive Tribal Consultation Process for the National Environmental Policy Act (pdf 3.3 mb) Appendix A - NEPA Summary (pdf 30.54 kb) Appendix B - U and A Summary by AG (pdf 1.34 Mb) Appendix C - Template Consultation Letter for DCE and Section 106 and APE (doc 41.5 kb) Any materials sent to the SHPO and Advisory Council on Historic Preservation for adverse effect findings should include a description of consultation with Indian tribes and any efforts to identify Indian tribe interest. They should not be considered reflective of use patterns or affiliated territory for research or any purposes other than this consultation. See the executive summary for a brief overview of the proposed update. (d) There is no obligation to consult with tribes absent a proposal that "may have the potential to significantly affect" tribal Content tribal consultation Federally recognized Indian tribes are sovereign nations exercising government-to-government relations with the United States. Also, some SHPOs request copies or summaries of tribal consultations.How and when does FTA initiate consultation with an Indian tribe?FTA works with grant applicants to identify tribal interests during planning and project development. Consultation with Indian tribes should be included in the Coordination Plan (The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) Section 6002) for EIS and EA projects. Ask Indian tribes through consultation letters if they are aware of other Indian tribes that may have current or historic interest in the project area. For example, the proposed regulations add “Tribal” to the phrase “State and local” to ensure consultation with tribal entities and to reflect existing NEPA practices. Numerous laws, regulations and executive orders reinforce this fundamental responsibility to consultwith and consider Indian Tribe interests. SB 18 and AB 52 have tribal consultation requirements. 1200 New Jersey Avenue, SE While non-federally recognized tribes do not have a statutory right to be consulting parties in the Section 106 process, FTA may invite them to be an “additional consulting party” if they have a “demonstrated interest” – for example, if they can demonstrate ancestral ties to the area of the undertaking, or show that they are concerned with the undertaking’s effects on historic properties for other reasons. This initial contact can invite the tribal government to be included as a participating agency in the NEPA process and should acknowledge requirements arising under Section 106, as well as other government-to-government responsibilities. United States, Phone: 202-366-4033 Outreach to the Indian tribes should come at the very beginning of federal involvement during NEPA scoping or early scoping. In December 2019, the National Park Service (NPS) updated its annual tribal consultation reporting template to include a request for information from its parks and programs about whether they have communicated with tribes about how tribal input from consultation was considered in NPS decisions, and the manner in which the communication occurred (e.g., in writing, in person, or other). 3. The NHPA requires that, in carrying out the Section 106 review process, federal agencies must consult with any Indian tribe that attaches religious and cultural significance to historic properties that may be affected by the agency's undertakings. Ask the district Federal Lands Highway office or other federal agencies involved in the project area regarding Indian tribes they have worked with on other projects. § 3001 (1990), Executive Order 13175, Consultation and Coordination with Indian TribalGovernments (2000), Memorandum for the Heads of Executive Departments and Agencieson Tribal Consultation. internally, or they can beprepared by tribal programs that may haveP.L. consultation conceming Cultural Resources issues in San Luis Obispo County. With respect to tribal consultation under Section 106 of the National Historic Preservation Act (NHPA) or in cases of joint undertakings in accordance with the National Environmental Policy Act (NEPA), many programs (Brownfields, Superfund, and others) follow the protocols established under the NHPA and NEPA, which require EPA to invite tribal Federal recognition signifies that the U.S. government acknowledges the political sovereignty and Indian identity of a tribe and from that recognition flows the obligation to conduct dealings with that tribe’s leadership on a “government-to-government” basis. Scan information available from national and regional intertribal organizations such as the National Association of Tribal Historic Preservation Officers, National Congress of American Indians, the United South and Eastern Tribes, and others. 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