Tribal Consultations
Consulting with federally-recognized Indian Tribes and Native Hawaiian Organization (NHOs) (collectively “Tribes”) is primarily initiated for one of two reasons.
- Tribal consultation may be initiated in order to complete a NEPA Screen Report. The Native American Consultation Database (NACD) is consulted to determine Tribes who may have an interest in the proposed project location. Correspondence is mailed to each Tribe notifying the Tribe of the proposed project. Each Tribe then has a chance to respond and may issue a request to become a consulting party if so desired.
- Tribal consultation may also be initiated as part of a Section 106 Review (SHPO Consultation). Under Section IV of the Nationwide Programmatic Agreement, applicants must make reasonable and good faith efforts to identify and ensure contact is made with Tribes that may attach religious and/or cultural significance to historic properties that may be affected by an undertaking. The Federal Communications Commission (FCC) has established the Tower Construction Notification System (TCNS) to assist applicants in meeting this requirement. M&A will submit an electronic notification completing initial contact with Tribes who have indicated that the proposed project site is located within their area of interest. After 30 days, M&A will attempt to make contact with any Tribes who have not responded. Those organizations will then have 10 days to respond before the FCC will be notified. Over the next 20 days, the FCC will also attempt to make contact with these organizations. At the end of this time period, any Tribe not responding will be deemed to have no interest in pre-construction review, and obligations with respect to that organization under Section IV of the Nationwide Programmatic Agreement will be complete.
M&A has developed working relationships with numerous Tribes located throughout the country. These relationships have enabled M&A to become a mediator between Tribes and clients when a Tribe indicates interest or concern over a proposed project. In the role of a mediator, M&A feels that it is our responsibility to protect the interest of both the Tribe and of the client. |