"A dialogue to build partnerships and address transportation-related issues of concern to agencies and federally-recognized Indian tribes"

Section 106 of the National Historic Preservation Act and its implementing regulations, 36 CFR Part 800: Protection of Historic Properties http://www.achp.gov/regs-rev04.pdf, effective January 11, 2001, require that federal agencies consult with federally recognized Native American tribes in all phases of the Section 106 process when an agency undertaking may have the potential to affect Native American historic properties on or off tribal lands. In recognition of the need that Native American issues and concerns be treated in a manner that is consistent with current federal and state legislation, the FDOT, in partnership with the Federal Highway Administration (FHWA), Florida Division, initiated a government-to-government relationship with federally recognized Native American tribes to ensure compliance with Section 106.

The FDOT recognizes the need to establish a cooperative relationship between the Department, the Federal Highway Administration and the federally recognized tribes affiliated with Florida and understands that the foundation of successful consultation rests on the:

• Recognition of tribal sovereignty

• Establishment of a government-to-government relationship

• Understanding that different cultural perspectives exist, and 

• Establishment of trust.

The objective of Native American consultation is to conduct good faith efforts to elicit information from the appropriate tribes concerning properties of traditional or historical importance to them.