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22 Cultural Resources (e.g., cultural sites) Traditional Symbols · Land proposed for a transportation project can have cul- · Transportation projects contain artistic aspects (i.e., deco- tural significance to tribes, whether it is located on tribal rative overpasses, retaining walls, landscape, etc.), and there land or not. may be a desire to use tribal symbols for this decoration. · Tribal lands contain sacred grounds and sites that must not · Tribal symbols are often used by tribes in order to identify be disturbed. landmarks. · Transportation project may be of concern to tribal com- · Desired use of tribal symbols in transportation projects may munities that do not have jurisdiction in the proposed require coordination between tribal communities and trans- area of the project because of cultural significance of portation agencies to ensure appropriateness of such use. resources. 4.3.4 Major Issue No. 4: Sovereignty Historical Resources (e.g., historically recognized sites) A fourth major issue for tribes is sovereignty that requires the establishment of government-to-government relations · Tribal lands contain important archaeological and historic as many projects involve federal, state, or local governments. sites. Jurisdictional issues can be problematic. The federal govern- · Potential project sites must be evaluated for archaeological ment recognizes 562 tribes as sovereign nations, introducing significance, and tribes must provide concurrence with the a new level of governmental entity participating in the trans- contents of any archaeological investigation through tribal portation initiative process and a unique dynamic in project authority. execution. Issues regarding (i) jurisdiction, (ii) government- to-government relations, and (iii) institutional relationships 4.3.3 Major Issue No. 3: Confidentiality and protocols are introduced to the project environment. As of Tribal-Sensitive Matters a result, the relationship between transportation agencies and tribes must adhere to established government-to-government Confidentiality of tribal-sensitive matters affects areas of protocols of mutually respectful interaction. Some additional concern that cannot be divulged. In considering sites for examples of this type of issue are provided below. projects, areas of concern include: (1) natural and biological resources; (2) location of cultural sites or location for tradi- tional practices; and (3) traditional symbols. Details about each Jurisdiction of these tribal-sensitive matters are confidential and cannot be · Tribal jurisdiction has been long-debated, misunderstood, shared with non-tribal transportation agency staff. Some addi- and even overlooked. tional examples of this type of issue are: · Recognition of tribal jurisdiction is key in establishing and maintaining working relationships. Natural and Biological Resources Government-to-Government Relationships · Some tribal-sensitive resources affected by proposed trans- portation projects may be confidential to the tribe. · Government-to-government relationships are complicated · Details regarding tribal-sensitive resources often cannot be because of past disagreements regarding tribal sovereignty disclosed to transportation personnel. issues. · Cooperative agencies (e.g., Regional Transit District) can increase the difficulty that tribes encounter in protecting Location of Cultural Resources their sovereignty, as cooperative decision making may not reflect individual tribe's needs. · Some cultural resources or sites affected by proposed trans- · Transportation project completion may require coordina- portation projects must be protected, but the location of tion of efforts between tribes and Local, County and Regional such sites may be confidential to the tribe and often cannot Councils of Governments or Metropolitan Planning Orga- be disclosed to transportation personnel. nizations in addition to Federal Government. Traditional Practices (e.g., grazing rights) Institutional Relationships and Protocols · Planning for tribal involvement needs to be in a manner · Managing intertribal and intra-tribal relationships can be appropriate to tribal customs and practices. a challenge in tribal involvement.