Is the Federal agency obligated to invite a relevant Indian tribe to sign or concur with the MOA?
No, the agency may, but is not required to, invite the relevant Indian tribe to sign or concur. An Indian tribe that signs the MOA has the same rights with regard to seeking amendment or termination of the agreement as the other signatories. Refusal by a relevant Indian tribe to sign or concur, however, does not invalidate the MOA. What happens if agreement is not reached? If agreement is not reached, the Federal agency, SHPO, or ACHP, if participating, may terminate consultation. Other consulting parties, including relevant Indian tribes, may decline to participate but they cannot terminate consultation. After consultation is terminated, ACHP issues its formal comments to the agency head. Other Opportunities and Consultation Requirements Requests from Indian Tribes for ACHP Participation in Consultation Any party, including Indian tribes, may request that ACHP review the substance of any agency’s finding, determination, or decision on the adequacy of an agency’s compliance with the re
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