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103 APPENDIX E Strategy-Specific Implementation Plans 1.1: Communication Presentations · Successful presentations have been made on cultural sen- sitivity and government-to-government relations training Supporting Material: especially when jointly presented by tribal and environ- a. Definition of Communication mental staff to project development teams and agency b. Definition and examples of Presentations management. c. Case studies on Presentations · Each individual tribe is the one that understands its cul- d. Lessons learned on Presentations ture, tribal-resources, sensitive matters, sovereignty issues, e. Recommendations on Presentations land ownership and monetary issues. · Land-based and non-land based tribes will have different issues depending on their specific cultures. Lessons Learned: · In some states, federally-recognized tribes do not reside in the state, which makes communication difficult. WEB-N · Presentations can be an effective strategy regarding cultural would be helpful to augment emails and phone calls. competency, land ownership and monetary issues. How- · Face-to-face discussion is more effective, especially with ever, there was no moderate agreement or consensus on the regard to sensitive issues. Need to also understand that some success of this strategy when dealing with the protection/ tribally sensitive issues are just not open to discussion at all. preservation of resources, confidentiality, or sovereignty · Presentations can be used for staff education or public out- issues. reach or any number of other valuable reasons. · Presentations do not replace discussions and are only a · Presentations do not require high level decision makers, starting point for discussions. even when discussing sovereignty. The appropriate level of · Presentations are effective when information presented is representation should be left to the discretion of the indi- factual, like specific regulations and laws. vidual tribe(s), and the particular level of consultation for · Presentations can be helpful for local agencies to provide a given discussion or meeting should be made crystal clear. basic understandings of tribal rights, consultation require- ments, and roles and responsibilities. · Issues presented must be on the general level and not tribe Recommendations: specific. · Presenters must have a strong level of cultural competency. · Traditional Cultural Properties (TCP) cannot be discussed · Pre-approval should be obtained from the tribes, or mate- outside of the tribe, clan, medicine society, or other group rials should be developed jointly, prior to presenting on that attaches significance to the resource. any sensitive issues or disseminating information publicly. · Presentations allow groups with differing opinions access · Presentations for the agency/public may be effective when to the same data, and often result in a better understand- attempting to identify the presence of Traditional Culture ing of issues and solutions as a result of discussion follow- Properties concerns. These should be conducted in the early ing presentation. planning stages. · Presentations are appropriate for discussions when tribes · Tribal issues require that the agency involved treat tribal are remotely located and can be conducted without face- concerns with respect. Using formats of communication to-face interaction, i.e., conference call, webinar, Web sites. and/or presentations that are common within the tribal
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104 culture is more important than using "standard" presenta- · Effective communication is based on reliable, accurate data. tion formats. The level of sophistication of the presentation · Disclosure of ownership and management issues should be should be geared to the audience attending. on par with obligations of transparency for other govern- · Areas that have a cultural context are a series of complex mental entities, unless it involves sensitive traditional relationships that cannot be fully explained in a presenta- resources or customs. tion situation. · If there is a dispute among tribal and non-tribal parties on · Presentations can be used to describe to DOT staff why ownership, the collection and analysis of data may vary. A certain issues/practices/etc. are sensitive and cannot be smaller tribe may not have the financial or qualified person- discussed. nel resources to undertake the work; they may choose to hire · When used, presentations should be short, interactive and a consultant or choose to allow another party to undertake allow for discussion. the work on their behalf. · Presentations' primary function should be for providing · Cannot presume that all tribes have systematically collected visual aids. ethnographic information. Tribes should be consulted as to · Generally, tribal officials would rather meet in the field as their knowledge of data collected by non-tribal sources and opposed to sitting down at the table to discuss abstract ideas. whether or not they have any concerns or issues with it. Neither data from state nor tribal sources should not be 1.2: Communication Data Collection automatically rejected or discounted. and Analysis Recommendations: Supporting Material: · While collecting information, understanding cultural dif- a. Definition of Communication, ferences and having agreements in regard to confidential- b. Definition and examples of Data Collection/Analysis ity are critical in getting necessary information. c. Case studies on Data Collection/Analysis · Data collection on tribal issues needs to be performed by d. Lessons learned on Data Collection/Analysis either tribal personnel or a professional retained by the tribe. e. Recommendations on Data Collection/Analysis · Tribes must be clear about the use of the data, terms of access, distribution and who maintains/controls the data. Lessons Learned: · Data collection and dissemination works best for those · While data collection and analysis is viewed as an effective items not subject to interpretation (e.g., what was found strategy for monetary issues, there was neither moderate during a right-of-way survey). agreement nor consensus about the success of this strategy in regards to cultural competency, protection/preservation 1.3: Communication Standards of tribal sensitive resources, confidentiality or sovereignty and Handbooks issues. There was moderate agreement but no consensus about the use of data collection and analysis on land owner- Supporting Material: ship issues. a. Definition of Communication · Data collection is a fundamental, but often very sensitive b. Definition and examples of Standards and Handbooks element of transportation planning, particularly as it applies c. Case studies on Standards and Handbooks to cultural resources and traditional practices. d. Lessons learned on Standards and Handbooks · Data collection and analysis can be a strategy appropriate e. Recommendations on Standards and Handbooks for all parties but only if that collection, analysis and distri- bution of data is pre-approved by appropriate tribal lead- Lessons Learned: ers and elders and handled exactly the way the tribe desires. · Data sharing systems are only appropriate in terms of dis- · As a communication strategy, standards and handbooks seminating project planning information, such as project can be a useful strategy for land ownership issues. There was location, descriptions, and schedules. moderate agreement but no consensus on the use of this · Each individual tribe is the one that understands their cul- strategy on sovereignty issues. There was no agreement and ture, tribally-sensitive resources, sovereignty issues, land no consensus on utilizing this strategy for cultural compe- ownership and monetary issues. Although governments tency, protection/preservation of tribal sensitive resources, should understand these issues, many remain unidentified. confidentiality, or monetary issues. · Land-based and non-land-based tribes will have different · Standards and Handbooks' `one size fits all' approach is issues depending on their specific cultures. ineffective because it does not recognize tribal cultural sen-
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105 sitivity, the differences between individual tribes and the serve as a conduit through which individual programs and geographic differences. professional relationships are formed. · Information contained in standards and handbooks can only be used as a starting point to communication when explain- 1.4: Communication Distribution ing parts of the subject that can be captured in factual terms. of Newsletters/Bulletins · Publication of standards and handbooks should not replace consultation protocols that are established collaboratively Supporting Material: between the parties. However, such standards may be help- a. Definition of Communication ful in sharing information on what issues are of particular b. Definition and examples of Newsletters/Bulletins importance to the parties such as limitations on funding. c. Case studies on Newsletters/Bulletins · They are relatively good as a product internal to a state DOT d. Lessons learned on Newsletters/Bulletins since they are generally developed and used by DOT staff to e. Recommendations on Newsletters/Bulletins assist in gaining knowledge on tribal consultation and issues related with the consultation process. · Tribes prefer direct interaction processes as opposed to Lessons Learned: written procedures and standards. · Newsletters and bulletins are not an effective communication · Standards for construction of transportation facilities already strategy for cultural competency, protection/preservation exist. of tribal-sensitive resources, sovereignty, or land owner- · Tribes that operate as THPO's may have their own standards ship. This strategy can be successful with monetary issues. and handbooks. When the usual guidance is not enough to · There is general agreement that reliance on such mass distri- complete a project, develop an MOA or PA. bution methods cannot be the primary mode of communi- · Face-to-face consultation is more effective than a simple cation, nor can they replace more personal, one-on-one and handbook. small group face-to-face conversations. · As with other communication strategies, information on Recommendations: sensitive issues must be handled in a culturally appropriate manner and must be approved by the tribes. · Tribes and other stakeholders need to be involved when · Newsletters tend to be limited because they are not cost standards and handbooks are being developed, so that tribes effective. Publication and distribution costs are expensive can provide guidance on what can appropriately or sensi- and can often be labor intensive. tively be presented. This involvement can also assist in · Newsletters are viewed by some to be only appropriate for identifying contacts for additional guidance when certain information on new initiatives and policies, not on specific resources or concerns are encountered. projects when timely information distribution is needed. · Standards and handbooks could prove to be an effective · Newsletters and bulletins may be viewed as propaganda communication tool to educate transportation agencies from the state or as anti-collaborative or too impersonal. about the complexity of sovereignty, land ownership and · Effectiveness is difficult to gauge due to lack of information funding issues. These would not work as well when com- on utilization rates of recipients. municating transportation needs to tribal governments · Newsletters and bulletins cannot be relied on as the sole and people. source of information sharing because there may be liter- · Standards and handbooks need to be presented in a cultur- acy and comprehension issues. ally competent manner acceptable to all involved parties. · Newsletters and bulletins can be used internally by tribes Each tribe is different, requiring different procedures, pro- to communicate with tribal members. tocols, approaches, and issues. · Newsletters and bulletins may be a tool for keeping DOTs · These documents should be developed primarily by the and tribes in contact with each other. DOT when the subject matters focus on transportation engi- neering issues such as policies, practices and procedures. Recommendations: · Development of handbooks and standards works when everyone has the same frame of reference. In the case of · When utilizing this strategy, it is necessary to find out who states the standards are different than tribes' standards. BIA the audience is within the tribe (executive government, and the tribes use different rating systems, funding systems, cultural resources, planning) and what form of newsletter/ and operational systems than most of the states. bulletin should be used (electronic or paper). · Standards and handbooks should never define consulta- · Information must be written in a culturally competent tion; they should provide ideas and guidance and perhaps manner.
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106 · Information about culturally sensitive issues and practices · Mailings with response forms are not appropriate for issues must not be distributed. related to sovereignty and culturally sensitive issues. · If tribal information is being distributed, it must be pub- · Mailings should be sent as a first step and follow up should lished by the non-tribal agencies as written. be performed. · Separate newsletters on transportation topics are not nec- · If such an approach was sanctioned by a tribe and directed essarily needed. Give consideration to including articles in to an audience that the tribe wanted to be polled in that way, established tribal newsletter. it could be an effective strategy. · Articles should be short and to the point. · Mailings are a good step for making the consultation process easier if wanted by the tribe. 1.5: Communication Mailings with Response Forms 1.6: Communication Tribal Moderator/Mediator Supporting Material: Supporting Material: a. Definition of Communication b. Definition and examples of Mailings/Response Forms a. Definition of Communication c. Case studies on Mailings/Response Forms b. Definition and examples of Tribal Moderator/Mediator d. Lessons learned on Mailings/Response Forms c. Case studies on Tribal Moderator/Mediator e. Recommendations on Mailings/Response Forms d. Lessons learned on Tribal Moderator/Mediator e. Recommendations on Tribal Moderator/Mediator Lessons Learned: Lessons Learned: · Mailings are not considered as an effective communication strategy for any tribal-related issue. Mailings could be a · A tribal moderator is an effective communication strategy for convenient way to obtain feedback from tribes but should dealing with cultural competency, protection/preservation not be considered the only form of feedback nor should it of tribal-sensitive resources, confidentiality, and sovereignty be in lieu of face-to-face communications. issues. There was moderate agreement but no consensus on · This can be a good strategy when used electronically, but the success of this strategy for land ownership or monetary monitoring success has shown that this strategy is not fully issues. utilized by the tribes. · Tribal moderators are good for establishing relationships, · This strategy is viewed by some as too impersonal and could building trust, and diffusing tension. be limited by literacy and cultural comprehension concerns. · This strategy can be successful in alleviating communication Consequently, this could introduce selection bias into the problems and encouraging one-on-one communication. response demographics, and, subsequently, the evaluation · Tribal moderators are effective when reviewing working of returned comments. decisions and explaining technical issues to tribal members. · Mailings do not contribute to collaborations. · Moderators are sometimes viewed as biased toward the · This strategy is only appropriate to determine if a tribe wants agency that they are employed by. to be involved in a particular DOT project and/or participate · The position is often more successful when held by a tribal in a consultation process. member. · Feedback shows that some entities believe that mailings · This technique can be effective for large complex (multi- should be simplified (yes/no questions) while others suggest state) projects affecting multiple tribal governments partic- that mailings are oversimplified and do not treat transporta- ularly when the moderator is a respected tribal leader from tion and culturally sensitive issues appropriately. a tribe not affected by the proposed project. · Some entities limit the use of mailings to EIS/EA comment dissemination only. Recommendations: · All transportation project stakeholders should be involved Recommendations: in the selection of a tribal moderator. · A cover letter should be included in the mailing which sum- · Moderator selection is important to success and should be marizes the project (area, phase, etc.) as well as deadlines for agreed upon by all involved parties in order to be trusted responses. and supported in that position.
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107 · Moderators should be neutral and unbiased. · These strategies can encourage one-on-one communication · The role of a tribal moderator should be used to lay the but little can be resolved in multi-group settings. foundation for working relationships with the ultimate · At the conference and summit levels, the strategy can be too goal to not need a tribal moderator. time-constrained to be effective. · The moderator needs to be a facilitator more than a mod- · Strategy could be used as an initial step in the consultation erator to ensure successful communication between the process. entities. · The audience and groups to be included in the venue · Knowledgeable involvement is necessary. Qualified indi- should be carefully considered when planning the agenda. viduals are a must. · Meetings are more private and personal and can be suc- cessful in addressing specific and/or sensitive issues with individual tribes as well as assist in coordination efforts. 1.7: Communication Training · Workshops are appropriate for general education. Supporting Material: · Summits are generally not results-oriented. · Larger meetings can be successful when issues are dis- a. Definition of Communication cussed in generalities. b. Definition and examples of Training c. Case studies on Training d. Lessons learned on Training Recommendations: e. Recommendations on Training · Matters concerning cultural competency, protection/ preservation of resources should be handled on a case-by- Lessons Learned: case, project-by-project basis in smaller settings with more personal interaction. · None from Delphi panelists. · Tribes should be included in developing the agenda for these functions. Recommendations: · For project-specific issues, meetings should be used and should only include stakeholders to minimize issues with · People trained with regards to dealing with Tribal-Sensitive confidentiality. Issues should be tribal members with limited involvement · Meetings should be utilized for agency and Tribe-specific of non-tribal agencies to be effective. project work. · Seminars should be used for agency-wide training on tribal issues (in cooperation with the tribe). 2.1: Coordination Meetings, · Summits should be utilized on statewide issues and for Seminars, Summits high-level government-to-government collaboration. and Workshops · Workshops are effective on broad statewide issues if issues Supporting Material: are discussed in individual workshops. · Field visits can be a good form of meeting with tribal a. Definition of Coordination members. b. Definition and examples of Meetings/Seminars · For the most part, these venues apply to concerns that are c. Case Studies on Meetings generic to all tribes and would not be project-specific for d. Lessons Learned on Meetings any one tribe. e. Recommendations on Meetings · Remoteness can be an issue so these events should be held regionally. Lessons Learned: · The parties involved in these venues should have the author- ity to make decisions. · There is consensus that meetings, seminars, and work- shops can be effective coordination strategies for address- ing cultural competency, protection/preservation of tribal 2.2: Coordination Public resources, confidentiality, sovereignty, land ownership and Involvement monetary issues. Supporting Material: · These strategies can be good venues for establishing rela- tionships, building trust, and `getting both sides on the a. Definition of Coordination same page.' b. Definition and examples of Public Involvement
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108 c. Case studies on Public Involvement · Tribal members are usually open with their thoughts or d. Lessons learned on Public Involvement ideas, but in accordance with traditional customs, food or e. Recommendations on Public Involvement other giveaway perks help to get them to the event. · Tribes should be offered or provided a reasonable oppor- tunity to participate in planning the agenda. Lessons Learned: · Public involvement can be an effective coordination strat- 2.3: Coordination Tribal egy when engaged in cultural competency and protection/ Consortium preservation of tribal sensitive resources. On the other hand, this is not a successful strategy for confidentiality, sover- Supporting Material: eignty, land ownership, or monetary issues. a. Definition of Coordination · Using public involvement to group tribes with the non- b. Definition and examples of Tribal Consortium Native American public is not successful. c. Case studies on Tribal Consortium · Public involvement is appropriate for sharing information d. Lessons learned on Tribal Consortium about project planning and project development but not e. Recommendations on Tribal Consortium for communication about issues. · Public involvement is important for successful transporta- tion projects on tribal lands because it involves tribal Lessons Learned: community participation which is a traditional form of · Tribal consortiums can be an effective coordination strategy consensus building in Native American societies. for cultural competency issues. There was moderate agree- · Public involvement can be useful in educating the public in ment but no consensus on the usage of this strategy for general terms. If tribal issues are discussed, they also need to sovereignty issues. There is no moderate agreement or con- be in generalities. sensus on the use of this strategy for protection/preservation · Discussing funding issues with the public is generally not of tribal sensitive resources, confidentiality, land ownership, effective. or monetary issues. · Monetary issues are better solved with a few high ranking · At a statewide level, tribal consortiums can be an effective officials present that can make decisions. strategy by fostering relationship building. · Funding, when it involves matching, should be addressed · Concept can be difficult because of complex relationships during the public meeting at various levels, most appropri- between tribes in a state. ately at the level of the funding agency/municipality. · Consortiums have been successful for producing key legisla- tive initiatives when focused on shared resources, resource Recommendations: protection and economic development. · Can be difficult to constitute a tribal consortium when · Public Involvement meetings are not appropriate to discuss tribal recognition status differs among tribes within the tribally-sensitive issues such as the protection and confiden- state (e.g., federally-recognized vs. state recognized vs. non- tiality of culturally important/significant sites, government- recognized). to-government relations, and treaties. · Consortiums are not effective when tribes have different · Public involvement meetings should be held early in the cultural outlooks and they do not necessarily recognize project lifecycle. government-to-government relations. · Public involvement meetings are important if they are held · Issues must be discussed in generalities. on tribal lands. · Particularly in large land-based tribes, consortiums can be · Presentations at any public involvement occasions must be appropriate for discussing specifics such as funding and mindful of confidentiality concerns. This type of activity is lobbying. useful for involving individual citizens in the transporta- · Strategy can be good when a project concerns several tribes. tion project, but it is not a substitute for more formalized · In some regions, tribes do not want to be grouped together government-to-government relationships. with other stakeholders. · Pre-approval must be obtained from tribes in order to dis- · The ability to discuss issues is important to the tribes in a cuss culturally-sensitive issues in a public forum. consortium. The group is a powerful entity, and individuals · Public involvement strategies can be useful for identifying can make concessions to ensure the success of the group. At stakeholders in a project, but it is not a strategy for facilitat- times, a consortium can work through issues with a single ing coordination with tribes in project planning. tribe representing the will of the group, and reporting back
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109 to the group, thus effectively streamlining the coordination 2.5: Coordination State Tribal process. Liaisons/Coordinators · This strategy can streamline the transportation project planning and development processes. Supporting Material: · This venue can be good for education but not as good for a. Definition of Coordination individual attention. b. Definition and examples of Tribal Liaisons and Coordinators Recommendations: c. Case studies on Tribal Liaisons and Coordinators d. Lessons learned on Tribal Liaisons and Coordinators · Tribes have different beliefs (ceremonies, burials, site pro- e. Recommendations on Tribal Liaisons and Coordinators tections and others), which results in different treatment protocols. These differences may impact the effectiveness Lessons Learned: of consortiums. · The consortium should not be considered a decision- · Tribal liaisons/coordinators are a very effective strategy for making body. addressing all tribal transportation-related issues. There are · Consortium may only work if the tribes suggested it and it many models for the tribal liaison position, its responsibil- is perceived as a tool to be used at their discretion. ities, and its relationship between the agency and tribes. · As a single point of contact for the tribes, the tribal liaison is a reliable source of information and helps tribes that have 2.4: Coordination Grants/Loans new Tribal Historic Preservation Officers (THPOs) get the for Funding lay of the land. This liaison is also a good resource for new Supporting Material: Department hires that need to know how to coordinate with tribes on individual projects. a. Definition of Coordination · The tribal liaison serves as a "go between" and helps estab- b. Definition and examples of Grants for Funding lish relationships. Since the consultation process is more c. Case Studies on Grants for Funding relationship building, the tribal liaison must have an under- d. Lessons Learned on Grants for Funding standing of the interests and cultural context of the tribes. e. Recommendations on Grants for Funding · The tribal liaison serves to connect people in an agency to the appropriate tribal representative, and provide coaching Lessons Learned: and facilitates as needed. · Success depends on the person chosen for the position. · Loans for funding are not an effective coordination strat- · The liaison needs to build a relationship with the tribes and egy for working on issues with tribes. Loans do not build demonstrate that they genuinely understand the interests relationships or trust particularly for those tribes who have and cultural contexts of the tribe. not had positive government-to-government relations in the past. · Loan money is often tied to specific agendas depending on Recommendations: the source of the loan. · The position should be associated with the director of the · Loans hardly ever work to the benefit of both parties. agency for which he/she works so that working with the · The effectiveness of loans and grants to be used to coordi- liaison is viewed as a "superior to superior" relationship; nate efforts is limited since many entities are not set up to the higher level the liaison is in the hierarchy, the better apply for and use these types of funds. success the liaison is perceived to be. · A tribal liaison is more credible if the person is of Native Recommendations: American descent. If not, they still must be an advocate for tribal initiatives to optimize cooperation from the tribes. · Loans need to be provided with "no strings attached." · Tribal liaisons can be helpful in improving cultural sensi- · There should be grants instead of loans. tivity at the agency level. However, they should have some · Readily available tribal programs from agencies like the authority to act on behalf of the tribes and/or the agency in BIA and the National Park Service should be investigated order to be effective. and expanded as an alternative to loans. · All agency staff need to consider themselves as "tribal · Sharing should be done through a cooperative agreement. liaisons."
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110 2.6: Coordination Formal allowed in the decision making process to gain respect Agreements among the stakeholders and facilitate coordination. · A formal agreement will have little effect on cultural com- Supporting Material: petency unless there are other commitments to address a. Definition of Coordination this at the transportation agency level. b. Definition and examples of Formal Agreements · Formal agreements can be difficult to negotiate because c. Case studies on Formal Agreements there is the inherent conflict between state sovereignty and d. Lessons learned on Formal Agreements tribal sovereignty. e. Recommendations on Formal Agreements 2.7: Coordination Regional or Lessons Learned: State-Level Conferences · Formal agreements are an effective coordination strategy Supporting Material: for protection/preservation of tribal sensitive resources, a. Definition of Coordination confidentiality, sovereignty, land ownership and monetary b. Definition and examples of Regional/State level issues. There is moderate agreement but no consensus that Conferences formal agreements are a good strategy for cultural compe- c. Case studies on Tribal Regional/State level Conferences tency issues. If a tribe has not had positive government-to- d. Lessons learned on Regional/State level Conferences government background in the past, then formal agreements e. Recommendations on Regional/State level Conferences are viewed with lack of trust. For this reason, cultural com- petency did not have consensus on the formal agreement strategy. Lessons Learned: · Generally, formal agreements are with individual · Regional and state conferences can be a successful coordi- tribes, which can facilitate government-to-government relationships. nation strategy when dealing with cultural competency, · All signing parties must understand and agree to the process protection/preservation of tribal sensitive resources, and and issues addressed in the agreement as well as establish sovereignty issues. However, there was no moderate agree- expectations, joint responsibilities, timeframes and appro- ment or consensus that this strategy would be effective for priate contacts. confidentiality, land ownership, or monetary issues. · · Conferences should be used for general discussion, with fol- Agreements can streamline the consultation process. · Agreements are a necessary result of negotiation. low up meetings scheduled for individual discussions with · Tribes can be skeptical of trusting written agreements each tribe. because issues in the past (failure to fulfill treaty obligations) · This strategy is best used as a first step for building relation- cloud efforts made today. ships and getting to know stakeholders rather than achieving · Some states have seen no difference in working with tribes specific tasks. that have signed agreements with the state and those that · These venues are useful for networking, developing face-to- have not. face relationships, identifying issues, and sharing informa- · Agreements have been successful for treating funding issues. tion on agency programs and projects. · Actions and keeping one's word are more important. · This strategy works well if specifics of culturally sensi- · Formal agreements on cultural competence are beneficial tive issues are not discussed and are only dealt with in to the western culture. It is important to western culture generalities. that protocols are written out, but from a tribal perspective · Conferences can be difficult when tribal recognition is it is just common courtesy and respect that govern one's "mixed" within the state (federally recognized, state recog- conduct. nized, non-recognized). · Conferences tend to be attended by a majority of non- tribal representatives and this discourages tribal input. Recommendations: · Large conferences are not results oriented. · Agreements can only work if there has been on-going · Conferences are not good for coordinating anything. They communication and trust building prior to signing the are for delivering information. agreement. · To address issues that are sensitive to the tribes, they pre- · There is a culturally significant difference between tribes and fer small groups and only those they have dealt with closely agencies that needs to be honored. Sufficient time must be and in whom they have a high level of trust.
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111 · General discussion is important if the strategy is aimed at · The focus should be on the development of processes and training state agencies that the law allows for confidential- protocols for avoiding negative impacts on tribes. ity protection. However, if it's at a project level, generali- · This venue can be good for developing cultural compe- ties will need to be limited and more specifics provided. tence and awareness of sensitive issues. · General discussion is important if the strategy is aimed at training state agencies that the law allows for confidentiality Recommendations: protection. However, if it's at a project level, then generali- · Conferences are the appropriate venue only if the tribes ties will need to be limited and more specifics provided. and the transportation entities are in agreement with the · Tribes are reluctant to discuss concerns at the general level; participants and the topics prior to the event. this can lead to late escalations. · While most transportation issues exist at the local level, con- · Though confidentiality issues are still better discussed on a ferences could be helpful with regional or statewide issues. government-to-government basis, it is still helpful for · Conferences are best if hosted at tribal locations. planning organizations to be aware of the issues. · A third party is needed to administer a post evaluation of the event to measure empirical results. · Tribal issues are unique to each tribe so even regional level Recommendations: conferences may not be personalized enough to be effective. · Tribes have to be equal partners in planning organizations. · Tribes should have the final authority to make sensitive · Tribes and Agencies need to seek individuals that are best information available, or to withhold information and suited for the organization and need to give decision- address it in private with the FHWA decision maker, as the making power to those individuals on behalf of the groups tribes see fit. they represent. · Planning organizations would be an inappropriate entity to 3.1: Cooperation Planning facilitate cooperation regarding tribal sensitive matters or Organizations sovereignty issues since these are inherently governmental responsibilities. Supporting Material: a. Definition of Cooperation b. Definition and examples of Planning Organizations 3.2: Cooperation Regional c. Case Studies on Planning Organizations Transportation/Transit d. Lessons Learned on Planning Organizations Districts or Coalitions e. Recommendations on Planning Organizations Supporting Material: a. Definition of Cooperation Lessons Learned: b. Definition and examples of Regional Transit Districts and · Planning organizations are viewed as a successful coop- Coalitions eration strategy for issues such as cultural competency, c. Case studies on Regional Transit Districts and Coali- protection/preservation of tribal sensitive resources, tions sovereignty, land ownership, and monetary issues. The d. Lessons earned on Regional Transit Districts and Coalitions one exception is confidentiality issues. Confidentiality will e. Recommendations on Regional Transit Districts and always be present and hard to deal with when increasing Coalitions the number of participants in the planning process. · Planning works well when tribes are treated as truly equal Lessons Learned: partners whose needs are considered by other partners. · Good for planning but not for engineering and construction. · Regional transportation/transit districts and coalitions · Partnerships between local/state and federal and tribal gov- can be an effective strategy for addressing cultural compe- ernments can improve the statement of tribal needs and tency, sovereignty, land ownership and monetary issues. methodologies for achieving common transportation needs. Protection/preservation of tribal sensitive resources and · Good for improving statements of needs and the method- confidentiality issues do not lend themselves to this strategy. ologies for achieving those needs. · Regional coalitions can address project prioritization and · Good for open issues but not for specific, culturally sensi- funding issues, as well as the larger institutional cultural con- tive issues. text of agencies.
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112 · Coalitions can be a good strategy for identifying stakehold- Recommendations: ers and developing a resource pool. · All parties should be willing to share resources, both mon- · Tribes can assert leadership in this type of coalition. · This strategy seems more appropriate for issues that revolve etary and others (materials, staff, etc.). · There needs to be resource sharing when it comes to reim- around transit, not other transportation issues. · The perception of regional districts or coalitions is that the bursing tribal members for their time and costs associated entities that have the most money will get the most projects. with consultation and not just on the project-specific level. Lack of travel funds is a significant barrier to participation. · Within agency protocols, barriers need to be removed to Recommendations: allow for reimbursement to different parties to ease the · None from Delphi panelists. process. 3.3: Cooperation Resource Sharing 3.4: Cooperation Investigation of Alternatives Supporting Material: Supporting Material: a. Definition of Cooperation b. Definition and examples of Resource Sharing a. Definition of Cooperation c. Case studies on Resource Sharing b. Definition and examples of Investigating Alternatives d. Lessons learned on Resource Sharing c. Case studies on Investigating Alternatives e. Recommendations on Resource Sharing d. Lessons learned on Investigating Alternatives e. Recommendations on Investigating Alternatives Lessons Learned: Lessons Learned: · Resource sharing was viewed as an effective strategy for sov- ereignty, land ownership, and monetary issues. There was · The investigation of alternatives is a successful strategy for moderate agreement but no consensus on the use of this cultural competency, protection/preservation of tribal sen- strategy for cultural competency or protection/preservation sitive resources, confidentiality, sovereignty, and monetary of tribal sensitive resource. Confidentiality issues were issues. There was moderate agreement but no consensus on viewed as inappropriate for the utilization of this strategy. the use of this strategy for land ownership issues. · Tribes often do not have resources (money, time) to share · Looking at alternatives is one of the most productive meth- since they have insufficient funding for programs and ods to avoid, minimize, or mitigate adverse affects on tribes projects. or tribal lands. · The perception is that whoever has more money gets · This strategy allows for discussion and the development of a the projects they want. better understanding of issues and how they affect or appear · Resource sharing allows stakeholders to accomplish more to affect interested parties. together than separately. · Alternatives are important so tribes do not feel that they are · Resource sharing can be successful on cultural resource being "railroaded" into just one option already chosen by investigations. the transportation agency. · The process is complicated when more than one tribe is · The investigation of alternatives is already part of the envi- involved in a project. ronmental assessment process and should be part of the · Utilize qualified tribal staff, and manage by competent design concept process. professionals. · There are other issues that benefit from and require alterna- · Effectiveness is limited due to an inequality in available tives analysis. resources. · There are risks of using non-tribal funds for studying sensi- Recommendations: tive resources because the outside entities may feel entitled to all the information that is obtained. · Alternative review works best when both agencies are in · If resources are to be shared, then the entities sharing the equal positions in terms of resources and expertise. Current resources should share the burden of investigating and ana- processes do not lend themselves to this method of facilitat- lyzing the information collected. ing communication between the entities.
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113 · This strategy can be effective on a project-specific and site- · Elements of a tribal MOU for disaster mitigation can include specific basis. cost sharing and involvement of a local emergency plan- · This is the heart of consultation under Section 106 of ning group where the county and local fire departments are the National Historic Preservation Act. The consul- involved that meet quarterly. The plan includes emergency tation process goes much smoother and has better plans with up to date contact numbers and training for those outcomes when tribes are involved in identifying alter- who would be tribal emergency contacts. The tribal emer- natives that will have the least impact on the resources gency contact has emergency powers to implement the plan of concern. with a call to the tribal president or council chairperson. · Anytime a transportation agency is willing to work with the · Two levels are needed in disaster planning: first the tribal tribes or other parties to find another alternative, the tribe level to coordinate with outside agencies and their resources will generally be more willing to participate. The agency for on-reservation events; and secondly the tribe as part should not come in with a done deal or a preferred alterna- of the larger community and the potential use of tribal tive. They need to approach the tribe with the project pur- resources in an off-reservation emergency. pose and need, have valid discussions about the purpose and · Having a catastrophe will make jurisdictions invisible and need, and, once that purpose/need has been agreed upon, will develop, at least temporarily, better communication move forward as a team towards the development of viable between the transportation entities and tribes. alternatives. · General discussion is important if the strategy is aimed at training state agencies that the law allows for confidentiality protection. However, if it's at a project level, then generali- 3.5: Cooperation Emergency ties will need to be limited and more specifics provided. Preparedness Planning Supporting Material: Recommendations: a. Definition of Cooperation · An agreement should be established to cover urgent/ b. Definition and examples of Emergency Preparedness immediate correction for Federal Emergency Management Planning Agency (FEMA) projects that facilitate emergency vehicles c. Case studies on Emergency Preparedness Planning and other service vehicles. Permanent repairs should then go d. Lessons learned on Emergency Preparedness Planning through the appropriate consultation process, just on an e. Recommendations on Emergency Preparedness Planning accelerated schedule. · In disaster planning, the tribal law enforcement entities are Lessons Learned: more involved and often lack the resources for the follow- up efforts required for good planning. · Emergency preparedness planning was viewed as a success- · Oftentimes, tribal institutional cultures are not set up in the ful strategy when dealing with cultural competency, same manner as states, which inhibits the planning effort. protection/preservation of tribal sensitive resources, sover- · Emphasize the role of tribes in devising appropriate disaster eignty, and monetary issues. There was moderate agreement plans to protect the confidentiality of resources. but no consensus that these initiatives would be effective · Disaster planning should address how to protect public safety with land ownership issues. Lastly, there was no agreement during catastrophic events, and any confidentiality issues and no consensus on the utilization of this strategy for con- need to be mitigated so that responders can act without fidentiality issues. having to concern themselves with confidentiality issues.