A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities (2011)

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35 Exhibit A.1: U.S. Policymaking and Current Issues Impacting Tribal Transportation A P P E N D I X A Policy Resources Current Issues Impacting Tribal Transportation Description Y ea r C ul tu ra l C om pe te nc y Pr ot ec t/ Pr es er va tio n C on fid en tia lit y So ve re ig nt y La nd O w ne rs hi p M on et ar y Formative Years (1789-1873) U. S. Constitution – Native American tribes are sovereign nations and the federal government established the principle of consent in negotiations between the federal and Native American governments. 1787 X X Supreme Court Cases Marshall Trilogy – Supreme Court cases framed the federal government relations with tribes for interpreting federal Indian law and defining tribal sovereignty. Tribes retained inherent powers of self- determination. 1823- 1832 Johnson v. McIntosh – The Supreme Court held that the tribes only had a right of possession and only the federal government can transfer ownership. 1823 X X Cherokee Nation v. Georgia – The Supreme Court determined that tribes were 'domestic dependent nations' and established the federal trust relationship with Native American tribes. 1831 X Worcester v. Georgia - The Supreme Court decided that states have no power on tribal lands; Congress has plenary over tribal affairs. 1832 X X

36 Current Issues Impacting Tribal Transportation Description Y ea r C ul tu ra l C om pe te nc y Pr ot ec t/ Pr es er va tio n C on fid en tia lit y So ve re ig nt y La nd O w ne rs hi p M on et ar y 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, including by non-Indians, and the imposition of non- tribal government authority over those lands, which then led to overlapping policies. 1887 X X Supreme Court Cases Talton v. Mayes – The Supreme Court reaffirmed the principle of inherent tribal sovereignty, and tribes can govern their internal relations as they saw appropriate. 1896 X Buster v. Wright – The Supreme Court upheld tribes’ authority to tax nonmembers for the privilege of conducting business within Tribes’ borders. Court characterized this as 'inherent' to the Tribes’ "authority…to prescribe the terms upon which noncitizens may transact business within its borders." 1905 X X Reorganization Period (1928 to 1953) Legislative Initiatives Indian Reorganization Act – Congress reversed the federal government's allotment policies and established procedures for internal tribal business, including the adoption of tribal constitutions. 1934 X X X 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 responsibility, which is accompanied by a fiduciary obligation. 1942 X X Termination Policy (1953 to 1961) Legislative Initiatives House Concurrent Resolution No. 108 – Reversed federal tribal self-determination policies and terminated the trust relationship between the federal and tribal governments. 1953 X 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 states (five states initially - California, Minnesota, Nebraska, Oregon, and Wisconsin; and then Alaska upon statehood) extensive criminal and civil jurisdiction over tribal lands. 1953 X Supreme Court Cases Williams v. Lee – The Supreme Court decided that tribal jurisdiction was exclusive in a lawsuit resulting from an on-reservation sales transaction between a non-member and tribal member. 1959 X

37 Current Issues Impacting Tribal Transportation Description Y ea r C ul tu ra l C om pe te nc y Pr ot ec t/ Pr es er va tio n C on fid en tia lit y So ve re ig nt y La nd O w ne rs hi p M on et ar y 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 significance to historic properties that may be affected by a project. This process is known as a Section 106 Review. 1966 X X X Indian Civil Rights Act – Entitled Native Americans to provisions of the Bill of Rights and mandated that tribal consent be required for states to assume civil and criminal jurisdiction over tribal lands. 1968 X 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 aspects of our national heritage and requires an Environmental Impact Statements for projects with significant negative impacts. 1969 X X X Indian Self-Determination and Education Assistance Act – Gave tribal governments the authority to assume federal actions and make those actions tribal functions. Previously these functions were largely a federal operation handled through the BIA. 1975 X X American Indian Religious Freedom Act – Protects and preserves Native Americans’ right of freedom to believe, express, and exercise their traditional religions. 1978 X X X Archaeological Resources Protection Act – Protects and manages archaeological resources and sites that are on public lands or tribal lands. 1979 X X X Native American Graves Protection and Repatriation Act (NAGPRA) – Provides a series of rights by which Native Americans can influence the deposition and treatment of human remains and associated artifacts. 1990 X X X National Historical Preservation Act (NHPA) – Enhanced the tribal role in historic preservation and created the Tribal Historic Preservation Officer (THPO) position. 1992 X X X Religious Freedom Restoration Act – Applies to all religions, but is most applicable to Native American religions that are impacted by increasing expansion of federal government projects onto sacred land. 1993 X X Supreme Court Cases Oliphant v. Suquamish Indian Tribe – The Supreme Court determined that tribal courts do not have criminal jurisdiction over non-tribal members. 1978 X United States v. Mitchell – The Supreme Court established the federal government's fiduciary relationship with tribes. This case was based on a claim for money damages by members of the Quinault Tribe for federal mismanagement of the timber on their allotments. 1980/ 1984 X X X

                                                                                       !        Washington v. Confederated Tribes of the Colville Reservation – The Supreme Court upheld tribal authority to tax on-reservation cigarette sales to nonmembers and affirmed that states are precluded from interfering with tribal nations' sovereignty. 1980 X X 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 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. 1981 X X Merrion v. Jicarilla Apache Trib e – This Supreme Court decision affirmed tribal sovereignty and recognized that Indian tribes have the inherent right to tax activities occurring on Native American land, including activities conducted by non-members. 1983 X X Duro v. Rein a – This Supreme Court decision recognized the power of tribes to exercise criminal jurisdiction within their reservations over all Native Americans, including non-members. This case is also known as the "Duro fix." 1990 X       Presidential Indian Policy Statement of January 24, 1983 – Pledged a government-to-government relationship between the U.S. Government and Indian tribes. 1983 X 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 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. 1994 X 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 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." 1994 X X 38

39 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 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. 2000 X X 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- determination for Native American tribes and committed the federal government to work with federally recognized tribal governments on a government-to-government basis. 2004 X 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 consultation and collaboration with tribal officials in policy decisions and accountability for the implementation of Executive Order 13175. 2009 X X Current Issues Impacting Tribal Transportation Description Y ea r C ul tu ra l C om pe te nc y Pr ot ec t/ Pr es er va tio n C on fid en tia lit y So ve re ig nt y La nd O w ne rs hi p M on et ar y 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 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. 1996 X X X Presidential Executive Order No. 13084, Consultation and Coordination with Indian Tribal Governments (May 14, 1998) – Describes the unique government- to-government relationship between the federal government and tribal governments and is the first 1998 X X X X X

40 Exhibit A.2: Transportation-Specific Policies Impacting Native American Tribes Current Issues Impacting Tribal Transportation Description Y ea r C ul tu ra l C om pe te nc y Pr ot ec t/ Pr es er va tio n C on fid en tia lit y So ve re ig nt y La nd O w ne rs hi p M on et ar y 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 any tribal reservation. Tribal trust land cannot be condemned without a specific act of Congress. 1948 X X Surface Transportation Assistance Act – Incorporated the IRR into the Federal Lands Highway Program under FHWA. 1982 X Intermodal Surface Transportation Efficiency Act (ISTEA) – Mandated that statewide planning requirements include consultation, cooperation and coordination with tribal governments on a government-to-government basis. Established the Tribal Technical Assistance Program (TTAP). 1991 X X X X X X Transportation Equity Act for the 21st Century (TEA- 21) – Mandated that the IRR program include tribal government consultation in state, regional, and metropolitan planning. The Tribal Transportation Allocation Methodology was established to determine IRR allocations to federally recognized tribes. 1998 X X X X X FHWA Indian Task Force Report (February 4, 1998) – Issued to provide guidance to FHWA regarding its relationship with federally recognized tribal governments with the Federal Lands Highway and Federal-Aid Highway Programs. 1998 X X X 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 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. 2005 X X X X X X Contracts With Indian Tribes or Indians (25 U.S.C.§ 81 ) – Specifies the content and approval process for contracts with tribes. 2005 X 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 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. 1997 X X

41 Current Issues Impacting Tribal Transportation Description Y ea r C ul tu ra l C om pe te nc y Pr ot ec t/ Pr es er va tio n C on fid en tia lit y So ve re ig nt y La nd O w ne rs hi p M on et ar y Nevada v. Hicks – The Supreme Court decision holds that tribal courts may not exercise jurisdiction over state law enforcement officials who allegedly violated the civil rights of a tribal member within the reservation. 2001 X Montana Department of Transportation v. King – Held that the state and its officials were outside the regulatory reach of the TERO for work performed on the right-of-way owned by the state. 1999 X Exhibit A.3: Federal Tribal Transportation Funding Programs Funding Program Funding Purpose Administering Agency Federal Share B - Federal Lands Highway * B.1 Emergency Relief - Federal Roads Assistance for roads to and within federal and Indian lands damaged by natural disaster or catastrophic failure. US DOT - FHWA 100% B.2 Indian Reservation Roads Indian reservation road and bridge infrastructure planning, maintenance, repair and construction. US DOT- FHWA 100% B.3 (a) (b) IRR and BIA Road Maintenance Reservation road system maintenance on both the BIA and larger IRR systems. US DOT - BIA 100% B.4 IRR Bridges Indian reservation bridge planning, design, engineering, preconstruction, construction, inspection and repair. US DOT- FHWA 100% B.5 Park Roads & Parkways National park road planning, engineering and construction. US DOT - BIA 100% B.6 Public Lands Highways Indian reservation, national park and public lands roadway, parkway and transit planning, research, engineering and construction. US DOT - FHWA 100% B.7 Refuge Roads Maintenance and improvements to National Wildlife Refuge System roads. US DOT - BIA 100% *Section A not included as not related to funding sources. C - Federal-Aid Highway C.1 Highway C.1.a Congestion Mitigation - Air Quality Improvement Assistance to reduce transportation related emissions in air quality non- attainment and maintenance areas. US DOT - FHWA 80% - 100% C.1.b Equity Bonus Percentage of funding based on State contribution to Highway Trust Fund (Highway Account). US DOT - FHWA 80% - 100% C.1.c Ferry Boat Discretionary Ferry boat and terminal facilities construction. US DOT - FHWA 80% C.1.d Highway Bridge Deficient bridge replacement, rehabilitation or retrofit. US DOT - FHWA 80% - 90% C.1.e Highway for LIFE Pilot Promotion of higher-level highway construction technologies, performance standards and business practices. US DOT - FHWA 80% - 100% C.1.f High Priority Projects Priority projects identified in SAFETEA- LU. US DOT 80%

Funding Program Funding Purpose Administering Agency Federal Share C.1.g National Corridor Infrastructure Improvement Highway construction in national corridors for economic growth, international and inter-regional trade. US DOT 80% - 100% C.1.h National Highway System Urban and rural road and transit improvements on the National Highway System. US DOT 80% - 100% C.1.i National Scenic Byways Scenic roadway planning, design and development. US DOT 80% C.1.j Projects of National and Regional Significance Highway construction in corridors of national significance for economic growth, international trade or inter- regional trade. US DOT 80% C.1.k Transportation, Community and System Preservation Transportation, community and system preservation planning. US DOT 80% C.1.l Truck Parking Facilities Parking facilities for commercial vehicles on the National Highway System. US DOT 80% - 100% C.1.m High Priority Projects Priority projects identified in SAFETEA- LU. US DOT 80% C.2 Flexible C.2.a Surface Transportation Program Highway, bridge and transit planning and safety. US DOT 80% - 100% C.2.b STP - Transportation Enhancements Multi-modal transportation system enhancements. US DOT 80% C.3 Non-Motorized C.3.a Recreational Trails Trail construction, restoration, rehabilitation and maintenance. US DOT - FHWA 95% C.4 Safety C.4.a Alcohol- Impaired Driving Countermeasures Incentive Traffic safety programs to address driving-under-the-influence (DUI) issues. US DOT 25% - 75% C.4.b Child Safety- Child Booster Seat Incentive Training and enforcement related to child restraint laws. US DOT 50% - 75% C.4.c Highway Safety Improvement Traffic fatality and injury reduction on public roads. US DOT 90% - 100% C.4.d Motorcyclist Motorcyclist safety training, public US DOT 100% Safety awareness and outreach. C.4.e Occupant Protection Incentive Implementation and enforcement of occupant protection programs. US DOT 25% - 75% C.4.f Safe-Route-to- School School walk and bicycle route planning and development. US DOT 100% C.4.g Safety Belt Performance Support for enactment and enforcement of vehicle safety belt laws. US DOT 100% C.4.h State- Community Highway Safety Reduce roadway fatalities and injury accidents. US DOT 80% D - Public Transportation D.1 Elderly and Persons with Disabilities Transportation service for urban and rural elderly and disabled. US DOT 80% D.2 Rural and Small Urban Areas Capital and operating assistance for rural public transportation services. US DOT 50% - 90% D.3 Job Access and Reverse Commute Transportation service for welfare recipients and low-income to suburban employment. US DOT 50% - 80% D.4 New Freedom Public transportation service alternatives, beyond those required by the ADA. US DOT 50% - 100% 42

43 Funding Program Funding Purpose Administering Agency Federal Share E - Other Funding Programs E.1 Outdoor Recreation, Acquisition, Development and Planning Acquisition and development of outdoor recreation areas and facilities for the general public. US DOI 50% E.2 Rivers, Trails and Conservation Assistance Technical assistance for resource conservation and outdoor recreation. US DOT N.A. 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=

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 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 44

45 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

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 Source: U.S. Department of Transportation8 46 Exhibit A.5: Federal Tribal Transportation Planning Resources 8U.S. Department of Transportation. Federal Highway Administration, Tribal Transportation Planning, Policy Guidance. http://www.tribalplanning.fhwa.dot.gov/resources_policy.aspx

47 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. 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 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

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 48