Can special rights be assigned to individual tribes as part of Section 106 consultation?
No. Where more than one Federally-recognized Indian Tribe (Tribe) requests to be a consulting party in a project consultation, no individual tribe is accorded special rights. For example, one tribe may indicate the project is within an area defined by a treaty that affords special rights and request other tribes be dropped from consultation. Alternatively, one tribe may consider a site to be directly affiliated with their ancestors and ask FHWA to exclude other tribes from Section 106 consultation. In those instances FHWA may not exclude the other tribes and must consider the views of all consulting parties under Section 106. FHWA may contact tribes and ask whether tribes would consent to defer Section 106 consultations to either a single or limited number of tribes. FHWA may limit the consulting parties based on consent in this manner.
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