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Who is ultimately responsible for consultation?

April 26, 2017consultation responsible ultimately

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Who is ultimately responsible for consultation?

1 Answer

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It is the responsibility of the FHWA to make a reasonable and good faith effort to identify the appropriate tribes to be consulted. However, the Department acts as the agent of FHWA in enacting transportation programs for the state. Consequently, the Department typically assists the FHWA by initiating consultation on their behalf. The ultimate decision-making authority rests with FHWA.