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APPENDIX A
Policy Resources
Exhibit A.1: U.S. Policymaking and Current Issues
Impacting Tribal Transportation
Current Issues Impacting
Tribal Transportation
Cultural Competency
Protect/ Preservation
Land Ownership
Confidentiality
Sovereignty
Monetary
Year
Description
Formative Years (1789-1873)
U. S. Constitution Native American tribes are
sovereign nations and the federal government
established the principle of consent in negotiations 1787 X X
between the federal and Native American
governments.
Supreme Court Cases
Marshall Trilogy Supreme Court cases framed the
federal government relations with tribes for
1823-
interpreting federal Indian law and defining tribal
1832
sovereignty. Tribes retained inherent powers of self-
determination.
Johnson v. McIntosh The Supreme Court
held that the tribes only had a right of
1823 X X
possession and only the federal government
can transfer ownership.
Cherokee Nation v. Georgia The Supreme
Court determined that tribes were 'domestic
1831 X
dependent nations' and established the federal
trust relationship with Native American tribes.
Worcester v. Georgia - The Supreme Court
decided that states have no power on tribal 1832 X X
lands; Congress has plenary over tribal affairs.
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Current Issues Impacting
Tribal Transportation
Cultural Competency
Protect/ Preservation
Land Ownership
Confidentiality
Sovereignty
Monetary
Year
Description
Era of Allotment and Assimilation (1887 to 1934)
Legislative Initiatives
General Allotment Act (also known as the Dawes
Act) This Act broke up communal tribal lands and
resulted in checkerboard patterns of land ownership, 1887 X X
including by non-Indians, and the imposition of non-
tribal government authority over those lands, which
then led to overlapping policies.
Supreme Court Cases
Talton v. Mayes The Supreme Court reaffirmed the
principle of inherent tribal sovereignty, and tribes can
1896 X
govern their internal relations as they saw
appropriate.
Buster v. Wright The Supreme Court upheld tribes'
authority to tax nonmembers for the privilege of
conducting business within Tribes' borders. Court 1905 X X
characterized this as 'inherent' to the Tribes'
"authority...to prescribe the terms upon which
noncitizens may transact business within its borders."
Reorganization Period (1928 to 1953)
Legislative Initiatives
Indian Reorganization Act Congress reversed the
federal government's allotment policies and
1934 X X X
established procedures for internal tribal business,
including the adoption of tribal constitutions.
Supreme Court Cases
Seminole Nation v. United States The Supreme
Court determined that the federal government has a
plenary power to regulate tribal affairs and a trust 1942 X X
responsibility, which is accompanied by a fiduciary
obligation.
Termination Policy (1953 to 1961)
Legislative Initiatives
House Concurrent Resolution No. 108 Reversed
federal tribal self-determination policies and
1953 X
terminated the trust relationship between the federal
and tribal governments.
Public Law 83-280 Transferred jurisdiction from
the federal to state governments, which significantly
changed the division of legal authority among tribal,
federal, and state governments. Congress gave six
1953 X
states (five states initially - California, Minnesota,
Nebraska, Oregon, and Wisconsin; and then Alaska
upon statehood) extensive criminal and civil
jurisdiction over tribal lands.
Supreme Court Cases
Williams v. Lee The Supreme Court decided that
tribal jurisdiction was exclusive in a lawsuit resulting
1959 X
from an on-reservation sales transaction between a
non-member and tribal member.
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Current Issues Impacting
Tribal Transportation
Cultural Competency
Protect/ Preservation
Land Ownership
Confidentiality
Sovereignty
Monetary
Year
Description
Self-Determination Policy (1961 to present)
Legislative Initiatives
National Historic Preservation Act Requires federal
agencies to consult with any Native American tribe
that attaches historical, religious, or cultural X X X
1966
significance to historic properties that may be
affected by a project. This process is known as a
Section 106 Review.
Indian Civil Rights Act Entitled Native Americans
to provisions of the Bill of Rights and mandated that X
1968
tribal consent be required for states to assume civil
and criminal jurisdiction over tribal lands.
National Environmental Protection Act (NEPA)
Established a national policy for the protection and
enhancement of the human environment including
preserving important historic, cultural, and natural 1969 X X X
aspects of our national heritage and requires an
Environmental Impact Statements for projects with
significant negative impacts.
Indian Self-Determination and Education Assistance
Act Gave tribal governments the authority to
assume federal actions and make those actions tribal 1975 X X
functions. Previously these functions were largely a
federal operation handled through the BIA.
American Indian Religious Freedom Act Protects
and preserves Native Americans' right of freedom to X X X
1978
believe, express, and exercise their traditional
religions.
Archaeological Resources Protection Act Protects
and manages archaeological resources and sites that 1979 X X X
are on public lands or tribal lands.
Native American Graves Protection and Repatriation
Act (NAGPRA) Provides a series of rights by
which Native Americans can influence the deposition 1990 X X X
and treatment of human remains and associated
artifacts.
National Historical Preservation Act (NHPA)
Enhanced the tribal role in historic preservation and X X X
1992
created the Tribal Historic Preservation Officer
(THPO) position.
Religious Freedom Restoration Act Applies to all
religions, but is most applicable to Native American X X
1993
religions that are impacted by increasing expansion of
federal government projects onto sacred land.
Supreme Court Cases
Oliphant v. Suquamish Indian Tribe The Supreme
Court determined that tribal courts do not have 1978 X
criminal jurisdiction over non-tribal members.
United States v. Mitchell The Supreme Court
established the federal government's fiduciary
relationship with tribes. This case was based on a 1980/ X X X
claim for money damages by members of the 1984
Quinault Tribe for federal mismanagement of the
timber on their allotments.
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Current Issues Impacting
Tribal Transportation
ycnetepmoC larutluC
noitavreserP /tcetorP
pihsrenwO dnaL
ytilaitnedifnoC
ytngierevoS
yratenoM
Description
raeY
Washington v. Confederated Tribes of the Colville
Reservation The Supreme Court upheld tribal
authority to tax on-reservation cigarette sales to 1980 X X
nonmembers and affirmed that states are precluded
from interfering with tribal nations' sovereignty.
Montana v. United States Considered a decisive
Supreme Court case on tribal jurisdiction in which the
Court denied tribal jurisdiction over non-Native
Americans engaged in conduct on their own land
within the reservation. "Montana exceptions" would 1981 X X
be allowed if the tribe has a contractual relationship
with the non-tribal member or if the non-member
activities have a substantial impact on significant
tribal interest.
Merrion v. Jicarilla Apache Tribe This Supreme
Court decision affirmed tribal sovereignty and
recognized that Indian tribes have the inherent right to 1983 X X
tax activities occurring on Native American land,
including activities conducted by non-members.
Duro v. Reina This Supreme Court decision
recognized the power of tribes to exercise criminal
jurisdiction within their reservations over all Native 1990 X
Americans, including non-members. This case is also
known as the "Duro fix."
Presidential Memorandums and Executive Orders
Presidential Indian Policy Statement of January 24,
1983 Pledged a government-to-government X
1983
relationship between the U.S. Government and Indian
tribes.
Presidential Memorandum (President William
Clinton April 29, 1994) on Government-to-
Government Relations with Native American Tribal
Governments This memorandum highlights the
unique government-to-government relationship X
1994
between the federal government and Native American
tribal governments and outlines the principles that
executive departments are to follow in their
interactions with federally recognized Native
American tribal governments.
Presidential Executive Order No. 12898, Federal
Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (February
11, 1994) This Executive Order is designed to focus
federal attention on the environmental and human
health conditions in minority and/or low-income
communities with the goal of achieving 1994 X X
environmental justice. It requires fair treatment
meaning that no one group of people shall "bear a
disproportionate share of the negative environmental
consequences resulting from industrial, municipal,
and commercial operations or the execution of
federal, start, local, and tribal programs."
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Current Issues Impacting
Tribal Transportation
Cultural Competency
Protect/ Preservation
Land Ownership
Confidentiality
Sovereignty
Monetary
Year
Description
Presidential Executive Order No. 13007, Sacred Sites
(May 24, 1996) Directed federal agencies to
accommodate Native American access to sacred sites
in the management of federal lands and ceremonial X X X
1996
use of Native American sacred sites by Native
American religious practitioners, avoid adversely
affecting the physical integrity of such sacred sites,
and maintain the confidentiality of sacred sites.
Presidential Executive Order No. 13084, Consultation
and Coordination with Indian Tribal Governments
(May 14, 1998) Describes the unique government- 1998 X X X X X
to-government relationship between the federal
government and tribal governments and is the first
tribal consultation and coordination Executive Order.
Presidential Executive Order No. 13175, Consultation
and Coordination with Indian Tribal Governments
(November 6, 2000) This Executive Order
recognized the Native American tribes' sovereignty
and right to self-determination. With sovereign
powers, tribes are to be consulted with on a
government-to-government basis. Details the 2000 X X
regulatory requirements for working with tribes
within the Statewide/ Metropolitan Transportation
Planning processes. Established regular and
meaningful consultation and collaboration with tribal
officials in the development of federal policies that
have tribal implications.
Presidential Executive Order No. 13336,
Government-to-Government Relations with Native
American Tribal Governments (September 23, 2004)
This Executive Order adopted a policy of self- X
2004
determination for Native American tribes and
committed the federal government to work with
federally recognized tribal governments on a
government-to-government basis.
Presidential Memorandum for Heads of Executive
Departments and Agencies on Tribal Consultations,
November 5, 2009 Reaffirmed the federal
government's commitment to regular and meaningful 2009 X X
consultation and collaboration with tribal officials in
policy decisions and accountability for the
implementation of Executive Order 13175.
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Exhibit A.2: Transportation-Specific Policies Impacting
Native American Tribes
Current Issues Impacting
Tribal Transportation
Cultural Competency
Protect/ Preservation
Land Ownership
Confidentiality
Sovereignty
Monetary
Year
Description
Termination Policy (1953 to 1961)
Legislative Initiatives
Indian Reservation Roads (IRR) program created 1928 X
Act of February 5, 1948 The Secretary of the
Interior has the authority to grant permission to state
or local authorities to build public highways through 1948 X X
any tribal reservation. Tribal trust land cannot be
condemned without a specific act of Congress.
Surface Transportation Assistance Act Incorporated
the IRR into the Federal Lands Highway Program 1982 X
under FHWA.
Intermodal Surface Transportation Efficiency Act
(ISTEA) Mandated that statewide planning
requirements include consultation, cooperation and 1991 X X X X X X
coordination with tribal governments on a
government-to-government basis. Established the
Tribal Technical Assistance Program (TTAP).
Transportation Equity Act for the 21st Century (TEA-
21) Mandated that the IRR program include tribal
government consultation in state, regional, and 1998 X X X X X
metropolitan planning. The Tribal Transportation
Allocation Methodology was established to determine
IRR allocations to federally recognized tribes.
FHWA Indian Task Force Report (February 4, 1998)
Issued to provide guidance to FHWA regarding its
relationship with federally recognized tribal 1998 X X X
governments with the Federal Lands Highway and
Federal-Aid Highway Programs.
Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA-LU)
Strengthened the direct relationship between FHWA
and tribes including the authority to enter into direct
funding agreements with tribes and the requirement
for FHWA to conduct a National Indian Reservation 2005 X X X X X X
Road Inventory. It requires that state departments of
transportation and MPO's consult with tribal
governments during transportation planning activities
and decision-making processes. Authorized use of
25% of construction funds for road maintenance.
Contracts With Indian Tribes or Indians (25 U.S.C.§
81 ) Specifies the content and approval process for 2005 X
contracts with tribes.
Supreme Court Cases
Strate v. A-1 Contractors Involved state highway
agencies maintaining right-of-way over Native
American reservations. When an accident occurs on
a public highway maintained by the State with a
1997 X X
federally granted right-of-way over Indian reservation
land, a civil action against allegedly negligent non-
members falls within state or federal jurisdiction and
not the tribe's.
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Current Issues Impacting
Tribal Transportation
Cultural Competency
Protect/ Preservation
Land Ownership
Confidentiality
Sovereignty
Monetary
Year
Description
Montana Department of Transportation v. King
Held that the state and its officials were outside the
1999 X
regulatory reach of the TERO for work performed on
the right-of-way owned by the state.
Nevada v. Hicks The Supreme Court decision holds
that tribal courts may not exercise jurisdiction over
state law enforcement officials who allegedly violated 2001 X
the civil rights of a tribal member within the
reservation.
Exhibit A.3: Federal Tribal Transportation
Funding Programs
Funding Program Funding Purpose Administering Federal
Agency Share
B - Federal Lands Highway *
B.1 Emergency Assistance for roads to and within federal US DOT - 100%
Relief - and Indian lands damaged by natural FHWA
Federal Roads disaster or catastrophic failure.
B.2 Indian Indian reservation road and bridge US DOT- 100%
Reservation infrastructure planning, maintenance, FHWA
Roads repair and construction.
B.3 IRR and Reservation road system maintenance on US DOT - 100%
(a) BIA Road both the BIA and larger IRR systems. BIA
(b) Maintenance
B.4 IRR Bridges Indian reservation bridge planning, US DOT- 100%
design, engineering, preconstruction, FHWA
construction, inspection and repair.
B.5 Park Roads & National park road planning, engineering US DOT - 100%
Parkways and construction. BIA
B.6 Public Lands Indian reservation, national park and US DOT - 100%
Highways public lands roadway, parkway and FHWA
transit planning, research, engineering
and construction.
B.7 Refuge Roads Maintenance and improvements to US DOT - 100%
National Wildlife Refuge System roads. BIA
*Section A not included as not related to funding sources.
C - Federal-Aid Highway
C.1 Highway
C.1.a Congestion Assistance to reduce transportation US DOT - 80% -
Mitigation - related emissions in air quality non- FHWA 100%
Air Quality attainment and maintenance areas.
Improvement
C.1.b Equity Bonus Percentage of funding based on State US DOT - 80% -
contribution to Highway Trust Fund FHWA 100%
(Highway Account).
C.1.c Ferry Boat Ferry boat and terminal facilities US DOT - 80%
Discretionary construction. FHWA
C.1.d Highway Bridge Deficient bridge replacement, US DOT - 80% -
rehabilitation or retrofit. FHWA 90%
C.1.e Highway for Promotion of higher-level highway US DOT - 80% -
LIFE Pilot construction technologies, performance FHWA 100%
standards and business practices.
C.1.f High Priority Priority projects identified in SAFETEA- US DOT 80%
Projects LU.
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Funding Program Funding Purpose Administering Federal
Agency Share
C.1.g National Highway construction in national US DOT 80% -
Corridor corridors for economic growth, 100%
Infrastructure international and inter-regional trade.
Improvement
C.1.h National Urban and rural road and transit US DOT 80% -
Highway System improvements on the National Highway 100%
System.
C.1.i National Scenic Scenic roadway planning, design and US DOT 80%
Byways development.
C.1.j Projects of Highway construction in corridors of US DOT 80%
National and national significance for economic
Regional growth, international trade or inter-
Significance regional trade.
C.1.k Transportation, Transportation, community and system US DOT 80%
Community and preservation planning.
System
Preservation
C.1.l Truck Parking Parking facilities for commercial vehicles US DOT 80% -
Facilities on the National Highway System. 100%
C.1.m High Priority Priority projects identified in SAFETEA- US DOT 80%
Projects LU.
C.2 Flexible
C.2.a Surface Highway, bridge and transit planning and US DOT 80% -
Transportation safety. 100%
Program
C.2.b STP - Multi-modal transportation system US DOT 80%
Transportation enhancements.
Enhancements
C.3 Non-Motorized
C.3.a Recreational Trail construction, restoration, US DOT - 95%
Trails rehabilitation and maintenance. FHWA
C.4 Safety
C.4.a Alcohol- Traffic safety programs to address US DOT 25% -
Impaired driving-under-the-influence (DUI) issues. 75%
Driving
Countermeasures
Incentive
C.4.b Child Safety- Training and enforcement related to child US DOT 50% -
Child Booster restraint laws. 75%
Seat Incentive
C.4.c Highway Safety Traffic fatality and injury reduction on US DOT 90% -
Improvement public roads. 100%
C.4.d Motorcyclist Motorcyclist safety training, public US DOT 100%
Safety awareness and outreach.
C.4.e Occupant Implementation and enforcement of US DOT 25% -
Protection occupant protection programs. 75%
Incentive
C.4.f Safe-Route-to- School walk and bicycle route planning US DOT 100%
School and development.
C.4.g Safety Belt Support for enactment and enforcement US DOT 100%
Performance of vehicle safety belt laws.
C.4.h State- Reduce roadway fatalities and injury US DOT 80%
Community accidents.
Highway Safety
D - Public Transportation
D.1 Elderly and Transportation service for urban and rural US DOT 80%
Persons with elderly and disabled.
Disabilities
D.2 Rural and Small Capital and operating assistance for rural US DOT 50% -
Urban Areas public transportation services. 90%
D.3 Job Access and Transportation service for welfare US DOT 50% -
Reverse recipients and low-income to suburban 80%
Commute employment.
D.4 New Freedom Public transportation service alternatives, US DOT 50% -
beyond those required by the ADA. 100%
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Funding Program Funding Purpose Administering Federal
Agency Share
E - Other Funding Programs
E.1 Outdoor Acquisition and development of outdoor US DOI 50%
Recreation, recreation areas and facilities for the
Acquisition, general public.
Development
and Planning
E.2 Rivers, Trails Technical assistance for resource US DOT N.A.
and conservation and outdoor recreation.
Conservation
Assistance
Source: U.S. Department of Transportation, Tribal Transportation Federal Funding
Resources. http://www.fhwa.dot.gov/hep/tribaltrans/ttfundresource_appa.htm
Exhibit A.4: Federal Tribal Transportation
Funding Resources
Source: U.S. Department of Transportation7
Title
A Guide To Federal-Aid Programs And Projects
Resource Type
Legislation, Regulations, and Guidance
Description
This guide provides basic information about the Federal-Aid programs, projects, and other
program characteristics. Much of the information provided in this guide was included in the
FHWA's 1999 edition of the same publication. This publication updates information from the
past document and includes information resulting from the latest multi-year Federal-Aid
authorizing legislative act, the Safe, Accountable, Flexible, Efficient Transportation Equity Act:
A Legacy for Users (SAFETEA-LU, Public Law 109-59).
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
Title
Disadvantaged Business Enterprises (DBE), (NTI)
Resource Type
Training Courses
Description
This three-day course is designed to assist DBE transit agency staff and FTA regional staff with
developing and implementing policies and procedures consistent with the U.S. Department of
Transportation's (US DOT) revised DBE regulations and DOT guidelines. This course will
provide a basic understanding and working knowledge of the US DOT DBE regulations and
DOT guidance. Attendees will be provided with tools necessary to design and implement a DBE
program for their organizations.
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
Title
Federal Highway Administration (FHWA)
Resource Type
Training Organizations
Description
The FHWA website offers links to a variety of training opportunities and institutions.
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
7http://www.planning.dot.gov/resources.asp?RecordStart=&bysort=&order=&prev=&PageFormat=html_
print&ResourceType=&Organization=4&Category=42&Keywords=
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Title
Federal Title 25- Indians, Chapter I-BIA, Department of the Interior, Subchapter H-Land and
Water, Part 170 IRR Program
Resource Type
Legislation, Regulations, and Guidance
Description
This part provides rules and a funding formula for the Department of the Interior (DOI) in
implementing the Indian Reservation Roads (IRR) Program.
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
Title
FHWA Discretionary Programs
Resource Type
Related Sites
Description
FHWA has many major assistance programs for eligible activities. Funds are provided through
legislative formulas or discretionary authority. Funding from these programs is provided on an
80/20 Federal/local funding match basis, unless otherwise specified.
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
Title
Final Rule on Indian Reservation Roads Program
Resource Type
Legislation, Regulations, and Guidance
Description
This final rule establishes policies and procedures governing the Indian Reservation Roads (IRR)
Program. The IRR Program is a part of the Federal Lands Highway Program established to
address transportation needs of tribes.
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
Title
Financial Analysis Systems- Highways (FASH) Workshop
Resource Type
Training Courses
Description
This tool is tailored to Federal, State and local finance data providers and users to demonstrate
data entry and the submittal process. The tool is used by data providers for data quality initiatives
for use by FHWA, Congress and the public. FASH is a database management system that
captures the overall financial status of a state's highway program.
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
Title
Key Considerations in Metropolitan and Statewide Tribal Consultation
Resource Type
Peer Reports
Description
Held in coordination with the Inter-Tribal Transportation Association's mid-year conference, this
1.5 day session gathers leading practitioners in metropolitan and state tribal-consultation to share
their experiences and lessons learned.
Planning Level
Metropolitan, Statewide, Tribal
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Title
National Highway Institute (NHI)
Resource Type
Training Organizations
Description
The NHI website functions as a clearinghouse for transportation training. The site includes
instructor-led, web-based, and web-conference trainings as well as the opportunity for users to
host or develop a course. Formal training courses provide a rigorous background in the substance
and methods of the planning process.
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
Title
Performance Measures and Targets for Transportation Asset Management
Resource Type
Publications
Description
TRB's NCHRP Report 551: Performance Measures and Targets for Transportation Asset
Management describes the research effort associated with production of the report and provides
the current state of practice on the use of performance measures, principally in the context of
transportation asset management. In addition, the report introduces a framework for identifying
performance measures and setting target values. The report appendices contain examples of
performance measures and targets. The report is designed to help transportation agencies apply
the concepts of performance management to their asset management efforts.
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
Title
The Transportation Planning Process: Key Issues A Briefing Notebook for Transportation
Decision makers, Officials, and Staff
Resource Type
Publications
Description
The Briefing Notebook is a primer for transportation decision makers and stakeholders. It
provides government officials, planning board members, transportation service providers, and
the public at large with an overview of transportation planning in metropolitan settings. Along
with a basic understanding of the key concepts, the notebook provides references for additional
information. Part I discusses transportation planning and its relationship to decision making. Part
II presents short discussions of the policy and planning topics including air quality, asset
management, financial planning, freight movement, land use and transportation, models,
performance measures, project development and the NEPA process, public involvement, safety,
systems management, environmental justice, and transportation demand management.
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
Title
Travel Model Improvement Program (TMIP)
Resource Type
Training Organizations
Description
TMIP supports transportation planning agencies and develops and delivers seminars on data
collection and analysis methods, land use forecasting, travel demand forecasting, and mobile
source emissions estimation. TMIP also sponsors online webinars on travel modeling issues.
Formal training courses provide a rigorous background in the substance and methods of the
planning process.
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
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Exhibit A.5: Federal Tribal Transportation
Planning Resources
Source: U.S. Department of Transportation8
Title
Consultation and Public Involvement Statutory/Regulatory Requirements
Description
Consultation and Public Involvement Statutory/Regulatory Requirements: Working with Tribes
within the Statewide/Metropolitan Transportation Planning Processes (August 2007).
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
Title
FHWA's State Practices Used to Report Local Area Travel
Description
A FHWA report that provides survey information on promising and innovative State practices
used to estimate local area travel in rural, small urban, and urbanized areas. The report may be
useful to MPO and state planners.
Planning Level
Metropolitan, Rural and Small Community, Statewide
Title
Final Rule on Indian Reservation Roads Program
Description
This final rule establishes policies and procedures governing the Indian Reservation Roads (IRR)
Program. The IRR Program is a part of the Federal Lands Highway Program established to
address transportation needs of tribes.
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
Title
Final Rule on Indian Reservation Roads Program Subject Index
Description
An index to 25 CFR Part 170, Indian Reservation Roads Program; Final Rule.
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
Title
Framework for Action Building the Fully Coordinated Transportation System
Description
The Framework for Action is a comprehensive evaluation and planning tool to help state and
community leaders and agencies involved in human service transportation and transit services,
along with their stakeholders, improve or start coordinated transportation systems. Assessment
and planning can be completed in one or two meetings. Implementation time will depend on the
action items participants choose to pursue.
Planning Level
Metropolitan, Statewide
Title
Guidelines for Evaluating and Documenting Traditional Cultural Properties
Description
This bulletin is intended to be an aid in determining whether properties thought or alleged to
have traditional cultural significance are eligible for inclusion in the National Register. It is
meant to assist Federal agencies, State Historic Preservation Officers (SHPOs), Certified Local
Governments, Indian Tribes, and other historic preservation practitioners who need to evaluate
such properties when nominating them for inclusion in the National Register or when
considering their eligibility for the Register as part of the review process prescribed by the
Advisory Council on Historic Preservation under Section 106 of the National Historic
Preservation Act.
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
8U.S. Department of Transportation. Federal Highway Administration, Tribal Transportation Planning, Policy Guidance.
http://www.tribalplanning.fhwa.dot.gov/resources_policy.aspx
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Title
How to Engage Low-Literacy and Limited-English-Proficiency Populations in Transportation
Decision-making
Description
An FHWA report that documents best practices in identifying and engaging low-literacy and
limited-English-proficiency populations in transportation decision making. The booklet also
provides outreach techniques for these populations.
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
Title
National Register Bulletin 29, Guidelines for Restricting Information about Historic and
Prehistoric Resources
Description
Because many Indian tribes and Native Hawaiian organizations believe that divulging locational
information and other information about the existence of traditional cultural properties will
compromise the properties' existence and sacred value, confidentiality of such information is of
great concern. Section 304 of the National Historic Preservation Act permits federal agencies,
with the approval of the Secretary of the Interior, to withhold such sensitive information from
public disclosure. Confidentiality concerns can also be included in a Section 106 agreement
document between tribes and federal agencies (36 C.F.R. part 800.2(c)(2)(ii)(E))[PDF 150kb].
For additional guidance about confidentiality see National Register Bulletin 29, Guidelines for
Restricting Information about Historic and Prehistoric Resources. To obtain a copy of this
publication, write to the National Register of Historic Places, National Park Service, U.S.
Department of the Interior, P.O. Box 37127, Washington, D.C. 20013-7127.
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
Title
SAFETEA-LU: Interim Guidance for Implementing SAFETEA-LU Provisions Planning,
Environment, and Air Quality for FHWA Authorities
Description
FHWA interim guidance is intended for the use of FHWA and FTA field offices in working with
their State/local planning partners and grantees in implementing SAFETEA-LU.
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
Title
SAFETEA-LU: Transition and Implementation of SAFETEA-LU Planning Provisions
Description
This link provides additional "clarifying information/guidance" on the transition and
implementation of the SAFETEA-LU planning provisions.
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
Title
Section 106 Tribal Consultation Q & A's
Description
Questions and Answers regarding Section 106 Tribal Consultation Compliance.
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
Title
The Environmental Guidebook
Description
The Environmental Guidebook website is a companion website to the Federal Highway
Administration's Environmental Guidebook on Compact Disc, November 1999. It provides
NEPA environmental guidance and policy information on The Natural Environment (Volume 1)
and The Built and Social Environment (Volume 2).
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
OCR for page 48
48
Title
The Transportation Planning Process: Key Issues: A Briefing Notebook for Transportation
Decision-Makers Officials and Staff
Description
This book provides government officials, transportation decision makers, planning board
members, and transportation service providers with an overview of transportation planning. It
contains a basic understanding of key concepts in statewide and metropolitan transportation
planning, along with references for additional information.
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
Title
Transportation Management Area Planning Certification Review Primer
Description
This primer provides a basic understanding of the key concepts and expectations addressed
through a review of, along with references to, pertinent laws, regulations, policies, and other
resources.
Planning Level
Metropolitan, Rural and Small Community, Tribal
Title
Transportation Conformity: Reference Guide
Description
The Transportation Conformity: Reference Guide contains transportation conformity rules and
relevant preamble language, questions and answers, lists of resource materials, new information,
guidance, case studies, and approaches to meeting requirements.
Planning Level
Metropolitan, Rural and Small Community, Statewide, Tribal
