U.S. Department of Transportation Federal Highway Administration

MEMORANDUM

This memorandum responds to questions from Division offices by providing guidance on Federal Highway Administration's (FHWA) position and role when working with tribal governments and states on Historic Preservation efforts.

Attached is a March 17, 2000 letter from FHWA Chief Counsel's office to the Rhode Island Division regarding payments for tribal services under the National Historic Preservation Act. State Department of Transportations (DOTs) may use Federal-aid funds to pay tribes, but only as allowed by the conditions in the letter.

Also, attached is a July 3, 2001 letter from the Deputy Executive Director regarding FHWA and DOT contracting directly with tribal governments for archeological survey work. The FHWA cannot enter into contracts with tribal governments to provide such services.

Finally, a July 6, 2001 memorandum from the Advisory Council on Historic Preservation is attached that discusses compensation for Indian Tribes in the Section 106 process.

The FHWA's role is to continue to work with state DOTs to ensure that federal requirements are met and ensure coordination and consultation with tribal governments consistent with Executive Order 13175. Federal requirements include the National Environmental Policy Act and the National Historic Preservation Act. States are also required by Title 23 to consider the concerns of Indian tribal governments in carrying out statewide planning.

For further information on Indian tribal transportation issues, please contact Tim Penney, (202) 366-2698. For information on historic preservation, please contact MaryAnn Naber, (202) 366-2060.