Tribal Resources Impact Analysis: Intersection of the Natural and Cultural World

Under Section 106 of the National Historic Preservation Act (NHPA), federal agencies must consider the effects of their undertakings on historic properties—those properties that are listed in or eligible for listing in the National Register of Historic Places (NRHP). However, the National Environmental Policy Act (NEPA) requires that impacts to both historic properties and cultural resources be considered. For American Indians, natural and cultural resources are often one and the same. This presentation will share examples of this intersection that are related to income, climate change, and environmental justice. Natural resources are often used and integral to various cultural practices. Natural resources, like wild rice and sugar maple sap, can also be a source of income for American Indian individuals and Tribes.

Increasing impacts of climate change to these natural resources can have far-reaching impacts to cultural resources and practices, as well as environmental justice concerns. Additionally, the first 100 years of U.S. American Indian relations consisted of treaties. These treaties recognized and established unique sets of rights, benefits, and conditions for treaty-making Tribes who agreed to cede of millions of acres of their homelands to the U.S. in exchange for its protection. In some treaties, Tribes retained rights to continue to hunt, fish, and/or gather on the lands they ceded. This unique set of circumstances can make analyzing potential cultural resources and environmental justice impacts under NEPA very complicated. This presentation will examine these unique circumstances, how they influence impact analysis, and how you can effectively address them in your NEPA analysis. The discussion will include:

• Types of natural resources that could be cultural resources for American Indians
• Anticipating additional analysis that may be needed for certain resources areas; and
• Effective engagement to inform resource identification and impact analysis.

After this presentation, participants will have a better understanding of when and how to engage American Indian Tribes about natural and cultural resources related to NEPA analysis, anticipate the types of resources that may be of concern, and better integrate them into their NEPA analysis.

Cultural Track, 1.5 AICP Credits

Jenny Bring
Cultural Resources Manager
106 Group

Jennifer Bring is a senior project manager with extensive expertise in cultural resources management and environmental documentation. Her multidisciplinary background in archaeology, architectural history, planning, and business management informs her detailed understanding of National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA) Section 106/Section 110 processes, as well as state-level compliance issues. Clients have praised Jennifer's sharp focus and ability to effectively coordinate the NHPA and NEPA processes as project manager for a wide range of projects, including small-scale developments, interstate pipelines, mining, wind and solar, and rail and transit projects. Jennifer has also facilitated consultation with agencies, Native American tribes, and community groups to facilitate cultural resource identification, impact analysis, and bring resolution to potential project issues.

Regine Kennedy
Planning & Engagement Manager
106 Group

Regine Kennedy is the Planning & Engagement Manager at 106 Group, a cultural resources management and planning firm in St. Paul, MN. In that role, she leads projects that include interpretive planning, facilitation, and exhibit design. Regine applies strong critical thinking skills and keen attention to detail with the ability to see the bigger picture. Her multidisciplinary background enables her to communicate effectively with a broad range of stakeholders, professionals, and people from other cultures as a facilitator, writer, and planner. She has presented on interpretive topics at multiple conferences and her work has won national awards.