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provided a hypothetical opportunity for local governments to provide input regarding the effects of the Proposed Project on cultural resources, as scoping is no substitute for active participation in a Section 106 consultation. It should be noted that Indian River County, like most localities without a proposed station, were not directly notified about, or invited to participate in, the scoping process. See DEIS, App. 8.1.13 at App. B. FRA could not have expected localities to infer from the generic scoping notice that their only opportunity to provide the information on potentially affected resources, adverse effects and mitigation measures would be to attend and testify at the scoping sessions. This is especially so because in Indian River County's case, such sessions were not even convened in the county. The publication of a scoping notice does not satisfy FRA's regulatory obligation to invite local authorities to join in a Section 106 consultation. Moreover, FRA was not justified in excluding multiple local authorities from the consultation on the basis that the Proposed Project will not affect cultural resources. On the contrary, one of the primary reasons for including local authorities in the process is to assist in the identification of resources that might otherwise be overlooked. That is exactly what happened here: in the absence of input from informed local authorities, the parties failed to identify a number of significant cultural resources or the effects that the Proposed Project would have on those resources. For example, no mention is made in the DEIS of two significant archaeological sites in Indian River County: The Vero Man site. This site is located along the Main Relief Canal (Van Valkenburg Creek), where project work would be performed to upgrade an existing railroad bridge, and to construct a second track. Archaeologists from Mercyhurst University, the local Old Vero Ice Age Committee, and scientists from the University of Florida have been working at this site over the past few years. Significant artifacts have been uncovered during recent excavations that support the theory that this area was important to a large number of extinct species and the Paleo-Indians that hunted them. The timeline has been established at 12,000 to 14,000 years ago and may be even older. The archaeological activities, research, and continued excavations are providing valuable information about the earliest people to inhabit Florida. The Vero Man site — Florida Master Site File ("FMSF") #8IR09 - has been determined to be eligible for the National Register by the Florida SHPO. Evidence of the presence of Paleo-Indians, extinct species, possibly hunting weapons, and an authenticated prehistoric art etching may make this site a potential "World Site." The Gifford Bones Site. This site is located at the North Relief Canal/Houston Creek, and is recorded as FMSF #8I1107 and #8IR08. FMSF #81R07 is noted as "inside of drainage ditch" where bones of ground sloth, camel, mastodon and other animals were found. At FMSF #8IR08 a stemmed flint projectile point was `td]ug out of [the]top of ... brown sand in [the] new canal north of Gifford ...". Rouse see 36 C.F.R. C 61.60, but whether a locality is certified has no bearing on the Section 106 process and clearly is not a prerequisite to being invited to join in a Section 106 consultation. 3 O Page 23 1824679 November 14, 2014