Tribal Issues

The Federal Highway Administration (FHWA) has a government-to-government relationship with Indian Tribes^[1]. This special relationship is affirmed in treaties, Supreme Court decisions, and Executive Orders, and provides that FHWA and other Federal agencies consult with Tribes regarding policy and regulatory matters. Section 106 of the National Historic Preservation Act (NHPA) also requires that FHWA consult with Tribes for undertakings that may affect properties considered to have traditional religious and cultural significance. This tribal issues page provides information on tribal consultation and coordination, examples of streamlining initiatives, and links to various resources related to Tribes and historic preservation.

Tribal Consultation and Coordination

Tribal consultation and coordination is an essential element in achieving a streamlined product. The National Historic Preservation Act, including Section 106, requires Federal agencies to work with Indian Tribes that may have a cultural or religious association to historic properties affected by an agency’s undertakings. The websites below provide guidance and additional information to help practitioners better implement their tribal consultation and coordination practices.

FHWA Guidance and Information

• Interagency Guidance: Transportation Funding for Federal Agency Coordination Associated with Environmental Streamlining Activities — This Interagency Guidance addresses when reimbursement for tribal coordination is appropriate during the identification phase of the Section 106 process.
• FHWA Native American Coordination — The Native American Coordination Program provides guidance and technical assistance to Federally-recognized tribes in an effort to achieve a more effective working relationship with Indian tribal governments.
• Q&As on Tribal Consultation — The Native American Coordination Program has compiled a list of 16 questions and answers related to the Section 106 Tribal Consultation Process.

FHWA/DOT Best Practices

• Tribal Consultation Best Practices — The National Association of Tribal Historic Preservation Officers recently completed a report on Tribal consultation best practices in historic preservation. This report includes perspectives from Tribal governments and government agencies.
• Iowa Native American Consultation procedures — In May 2001, the FHWA Iowa Division and the Iowa Department of Transportation partnered with the Iowa Office of the State Archeologist and the Iowa State Historic Preservation Officer to host the Tribal Summit on Historic Preservation and Transportation to develop a streamlined consultation process.
• Minnesota’s process for Building a Foundation of Trust — The Minnesota Division of FHWA has been building relationships and executing formal agreements with many of the tribes with an interest in their state.
• 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.

Advisory Council on Historic Preservation (ACHP) Guidance on Consultation

• Consulting with Indian Tribes in the Section 106 Review Process — This ACHP Guidance clarifies Federal agencies’ roles during Section 106 consultation and outlines when Federal agencies must consult with Indian tribes and what the consultation must address.
• ACHP Policy Statement — 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.

Tribal Grant Programs for Historic Preservation

• 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.

Streamlining Initiatives

• Wisconsin Native American Partnering Agreement — Signed On May 24, 2005. Representatives from nine of eleven Native American tribes joined with the Wisconsin Department of Transportation (Wisdom) and the Wisconsin Division Office in a ceremony at the State Capital to sign a Tribal Partnership Agreement that promotes communication and cooperation between the state and the tribes on transportation issues with the overall goal of fostering economic growth. Other components of the agreement will assist Native American-owned firms in bidding on transportation projects, establish additional coordination between WisDOT and tribes when transportation projects impact Native American archeological sites, and provide for cultural competency training to educate WisDOT staff on Native American customs and traditions.
• Texas PA with Caddo Nation — The FHWA Texas Division office and the Texas Department of Transportation (TxDOT) have executed several PAs that guide tribal consultation with Federally-recognized Indian Tribes that are both resident and not resident in Texas. The agreement with the Caddo Tribe (who now prefer to be referred to as the Caddo Nation) designates TxDOT as the agency point of contact and specifies the types of projects and procedures for consultation in designated areas of Texas that the Caddo Nation has identified on a map that is referenced in this agreement. Several of these agreements have now been in force for several years and have been effective in streamlining project delivery.
• Rhode Island Section 106 PA with Narragansett Tribe — Signed in 2000, this PA addresses the implementation of the Federal Transportation Program in Rhode Island and includes the Federal Highway Administration, the Narragansett Tribal Historic Preservation Officer, and the Advisory Council on Historic Preservation.

For questions or feedback on this subject matter content, please contact MaryAnn Naber. For general questions or web problems, please send feedback to the web administrator.