Federal agencies are required to consult with federally recognized Indian tribes that may attach religious and cultural significance to a historic property even if the tribe is no longer living within the Commonwealth. A current list of federally recognized Indian tribes in Pennsylvania is maintained on the FHWA/PennDOT Tribal Consultation Page.
Section 106 Consultation
The National Historic Preservation Act of 1966 recognizes that historic preservation is a public interest. Therefore, Federal agencies are required to consider the effects of federally sponsored projects on historic properties in consultation with identified historic preservation stakeholders. Consultation is defined as "the process of seeking, discussing and considering the views of other participants, and where feasible, seeking agreement with them regarding matters arising in the Section 106 process."
The federal agency must invite the following parties to participant in the Section 106 consultation process:
- applicants for federal assistance
- PA SHPO, as the State Historic Preservation Office
- THPO or other representatives of federally recognized tribes/nations
- local governments
- the public
Individuals and organizations with a demonstrated economic, legal or historic preservation interest in a project may also participate as consulting parties. . It remains the responsibility of the federal agency or the applicant to seek out potential consulting parties through targeted invitations to appropriate individuals or groups within their project area. A useful publication on the role of consulting parties in the process is the Advisory Council on Historic Preservation (ACHP)’s Protecting Historic Properties: A Citizens Guide to Section 106.