Tribal Consultation

Agency officials must consult with federally-recognized Indian tribes when a HUD-assisted project may affect historic properties of religious and cultural significance to them. The tools below provide information and guidance on when and how to carry out effective, respectful consultation with tribes. Note that only the agency official – HUD program staff or the certifying official of the Responsible Entity - may initiate tribal consultation; other parties like consultants, PHAs, lenders, or non-profit grantees may not initiate tribal consultation.

Tribal Directory Assessment Tool (TDAT)

This tool provides contact information for tribal leaders and Tribal Historic Preservation Officers, along with counties where the tribes have current and ancestral interest. A tribe may have ancestral homelands that are far away from where they live today. Consultation with tribes must be initiated by the HUD official for Part 50 programs, and by the head of the Responsible Entity’s unit of local government for Part 58 programs. Consultants, lenders, and other parties may not initiate consultation with tribes.

Notice on Tribal Consultation

This Notice provides detailed guidance on engaging with tribes in the identification and evaluation of historic properties, assessment of effects on those properties, and if there are potential adverse effects, discussion of avoidance, minimization and/or mitigation options. 36 CFR §800.4(c)(1) states: "The agency official shall acknowledge that Indian tribes and Native Hawaiian organizations possess special expertise in assessing the eligibility of historic properties that may possess religious and cultural significance to them."

When to Consult with Tribes under Section 106 Checklist

This checklist is used to determine if tribal consultation is warranted.

HUD Memo: Section 106 Tribal Consultation in Projects Reviewed Under 24 CFR Part 50

This memorandum clarifies that in the Section 106 review of Part 50 projects that require tribal consultation, a HUD program official must initiate consultation with the tribe. Other parties, like consultants, contractors, lenders, and Public Housing Authorities, may not initiate consultation with a tribe on HUD's behalf.

Section 106 Tribal Consultation Letter Templates

These template letters may be modified and used to initiate consultation with tribes. They outline the types of information that should be provided with the letters.

Tribal Consultation Webinars

HUD has produced two webinars about tribal consultation. The webinars are available on the Environmental Review Trainings page.

HUD’s Historic Preservation Fact Sheet #6, “Guidance on Archeological Investigations in HUD Projects

This Fact Sheet outlines how an Agency Official should consider requests to undertake an archeological investigation on a project.

Tribal Consultation and Assumption Authority

This letter explains the assumption of environmental review authority by units of local government in Part 58 programs.

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