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Tribal Energy Resource
Frequently Asked Questions
General information only — this describes the Section 106 process and tribal monitoring practice and is not legal advice.
What is tribal consultation?
Tribal consultation is a government-to-government obligation: the federal agency with jurisdiction over a project must consult directly with federally recognized Tribal Nations. It is not the same as public outreach or public comment. In permitting, it most often runs through Section 106 of the National Historic Preservation Act (NHPA).
When does Section 106 apply?
When a federal agency undertakes, funds, licenses, or permits a project — a federal nexus — it must consider how that undertaking affects historic properties, including properties of traditional religious and cultural significance to Tribal Nations, under 36 CFR Part 800.
Where does Section 106 sit in the timeline?
Section 106 review runs alongside NEPA, not after it. Identification of historic properties and assessment of effects should begin in earliest planning, while routes and footprints are still flexible. Late engagement is the most common schedule-killer: once design is locked, the only remaining moves are expensive reroutes, redesigns, or agreements negotiated under time pressure.
What is the difference between consultation, survey, and monitoring?
- Consultation is the government-to-government process during permitting, before construction.
- Archaeological survey is technical fieldwork that identifies and evaluates sites before construction.
- Monitoring is the construction-phase safeguard: a tribal presence during ground-disturbing work, to spot, protect, and escalate what survey and consultation could not foresee.
A project needs all three, at different times, for different reasons.
When should tribal monitors be on site?
Where risk is highest: ground-disturbing work in areas identified as sensitive during consultation and survey, work in areas with limited prior survey coverage, and any phase where the inadvertent-discovery plan applies. Monitors should not be a single person expected to cover miles of spread, or a name on a document who is never called to site.
What should a good inadvertent-discovery protocol include?
Stop-work radius, notification order, documentation, and who authorizes resumption — written before construction starts and briefed to every crew lead. A potential find should be escalated immediately, documented, and resolved quickly, so the project stays integrated, on schedule, and meeting its other quality criteria.
How does TER help?
Tribal Energy Resource is a Native-owned consulting firm that bridges Tribal Nations, federal agencies, and project developers. Work spans tribal engagement strategy, cultural resource monitoring, and regulatory and compliance coordination across NEPA, NHPA Section 106, and NAGPRA — for pipelines, mining, and federal infrastructure projects.
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