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· 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
