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23 Involvement of local governments, tribes and the general 4.3.6 Major Issue No. 6: Monetary Matters public can be difficult throughout an area that is affected by a proposed transportation project. Last, monetary matters are common to virtually all trans- Tribes may have less of a say in cooperative decisions, portation projects with unique aspects on transportation proj- depending on their weighted influence in the decision- ects of concern to tribal communities, including: (1) project making process. funding is an issue in all transportation projects because of The multitude of tribal governments, with some having funding deficiencies and (2) project taxation and other fees limited staff, creates challenges for integrating tribal needs can also lead to difficulties in project execution when tax and into statewide and regional planning efforts. fee agreements between parties are not executed prior to proj- Contractor licensing may be required by the state but not ect commencement. Some additional examples of this type of necessarily by a tribe. issue are provided below. Likewise, other protocols (such as local-preference hiring practices or tribal-specific licensing) may be required on Project Funding tribal lands. Proposed and needed transportation projects lack sufficient funding throughout the transportation sector. 4.3.5 Major Issue No. 5: Land Ownership Tribes lack money for funding tribe-specific transporta- Issues regarding land ownership often add to the difficulty tion needs, and project funding from the Bureau of Indian of project execution in tribal transportation projects. The Affairs can be deficient. Tribes lack funding or co-funding for transportation acquisition of right-of-way on tribal lands is a complex and time consuming process and must be done in accordance projects. Tribes lack financial capacity and resources to participate with BIA and FHWA regulations. The type of land ownership (individually owned, tribally owned, or fee-land purchased) in the planning and execution of transportation projects. Poverty, high unemployment and dispersed populations in determines the application of laws and regulations. Some additional examples of this type of issue are provided below. tribes increase the challenge of providing affordable, reli- able transportation. Project budget in many cases is not adequate for public Full ownership (including trust lands) involvement meetings to take place in all concerned com- A transportation project may propose the widening of a munities. roadway, which requires additional right-of-way from tribes. Tribes may not be willing to provide right-of-way without Project Taxation and Other Fees compensation and may not be willing to even with com- Protocols and processes for taxes differ significantly between pensation, due to cultural significance. Tribes feel that any grant of right-of-way threatens their tribal, local, state and federal governments. Tribal employment rights and associated fees from the sovereignty and land base and often limit the timeframe of the easements granted. TERO are an additional consideration. Agreements for tax waivers from tribes for state DOTs may not be reached prior to beginning a project, leading to Surface Ownership potential conflicts. Pre-arranged agreements for tax waivers from tribes for Conflict may arise in cases where surface ownership is obtained by state DOTs and it is unclear what rights the state DOTs may be reached but are not formally regulated, state possesses with respect to these lands. which may lead to conflicts. Mineral Exploration Rights 4.4 Communication, Coordination, and Cooperation Practices Conflict may arise when states obtain lands from tribes for a transportation system, and tribes have mineral explo- Developing definitions for 3Cs provided the overarching ration rights on the already developed land. framework for identifying 3Cs practices commonly adopted In Alaska, there is a conflict of authority when it comes to to mitigate and overcome issues in tribal transportation mineral exploration rights. In fact, regional corporations initiatives. A comprehensive list of these practices has been retain subsurface right on land that is under the authority identified, which may assist in establishing a collaborative of village corporations (which retain surface rights). environment. Which practice(s) need to be used will depend