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54 APPENDIX C Case Studies 1: Tribe Provide Right-of-Way to Streamline Realignment Project SOURCE: Interview SITUATION: In the Northwest United States, geometric characteristics of a major route required realignment due to safety issues on the existing alignment. Planning of the realignment for improved safety was identified as having a potential effect on a tribe in the area and individual tribal landowners. In order to create and analyze alternatives for the proposed project, the state worked with the tribe. One of the largest concerns with the realignment was the need for right-of-way from parties affected by the various design alternatives. ISSUES: Land Ownership ISSUES IN CONTEXT: In order to identify alternatives for the road realignment, the state met with the land department of the affected tribe and two alternatives were identified. The first alternative affected and required right-of-way from more than 100 individual tribal members that owned the land proposed for the alignment. The second alternative affected the tribe. It also required right-of-way from the tribe. PRACTICES: Investigation of Alternatives, Meetings PRACTICES IMPLEMENTED: During the meetings between the state and the land department of the tribe, both parties agreed that the need for improved safety along the alignment surpassed any issues of land acqui- sition and streamlining the project was of great importance. In order to streamline the project, the tribe agreed to the second alternative in which the new alignment would run through tribal land and the tribe would provide right-of-way to the state, for which they were compensated. Selection of the first alternative would have required right-of-way acquisition from more than 100 landowners and would have created a longer timeline for the project. OUTCOME: In this project, the desire for a successful and streamlined project outweighed individual par- ties' concerns with other potential issues related to land acquisition. So, the tribe agreed to an alternative in which right-of-way would have to be provided. Following this alternative selection, project stakeholders remained in contact with less formal communication (meetings between transportation staff, telephone conversations, etc.).

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55 2: Tribe, County and State Partner to Fund Reconstruction of Bridge SOURCE: Interview SITUATION: In a county in the South Central region of the United States, a multi-truss, single-lane bridge built in the early 1900s was deemed structurally deficient, posing safety issues. Neither the county nor the state had the funding to address the bridge's deficiencies. The bridge was located on county land, but provided access to tribal lands. As a primary route for the tribe, safety was a concern for the tribe, so the tribe requested that the county and state make the needed improvements on the bridge. ISSUES: Monetary - Funding ISSUES IN CONTEXT: The county, state, and tribe all recognized the need for improvements to address safety on the bridge, which provided access to tribal land, but both the county and the state lacked the fund- ing needed for improvements or bridge replacement. PRACTICES: Formal Agreements, Resource Sharing, Investigation of Alternatives PRACTICES IMPLEMENTED: In order to fund a bridge-replacement project, the tribe partnered with the county and the state. The tribe placed the bridge in its IRR inventory and was able to request funding for recon- struction of the bridge. The tribe, county and state then pooled funds provided by IRR, the county and the state to pay for the project. The parties further pooled resources (time, staff, etc.) to complete the construction project. OUTCOME: The state performed the design of the new bridge and the tribe managed the project. The bridge was completed successfully, with the tribe providing a name for the new bridge. The tribe and county then entered into a formal agreement regarding ownership and maintenance of the road, with the county assuming responsibility for both. 3: Tribal Identification Cards Recognized as Legal, Statewide Identification SOURCE: Interview SITUATION: In the Northwest United States, several tribes issue their members a tribal ID as legal identifi- cation. With the U.S. Patriot Act, federal statute changed the requirements for identification cards to be considered a legal form of ID. A large number of tribes have gaming facilities and hire employees who require security clearances. For some of the more rural tribes, members of the tribes utilize their tribal IDs for legal identification. ISSUES: Sovereignty ISSUES IN CONTEXT: There had been instances where the tribes were not able to get their business needs met because other agencies do not always recognize tribal IDs as being a legal form of identification. At one point, some Department of Motor Vehicle (DMV) offices were not recognizing tribal IDs as legal IDs because of the statute requirements of the U.S. Patriot Act. PRACTICES: Meetings, Tribal Liaisons and Coordinators, Regional or State-Level Conferences

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56 PRACTICES IMPLEMENTED: The state holds quarterly working meetings with tribes in which representatives from differ- ent state agencies, both transportation and non-transportation, discuss issues of mutual concern with the tribes. Areas of mutual concern can include anything from transportation to cultural and historical resources. The issue of tribal identification not being recognized was identified at one of the quarterly meetings. Representatives in attendance, including staff from the DOT and the DOT tribal liaison, took the lead in getting the issue resolved by meeting with the DOT and state representatives. OUTCOME: State representatives worked the issue through the state legislature after having heard from the tribes. This lead to the passage of state statute rule changes in the law so that tribal IDs would be accepted as legal identification in the state. 4: Road Realignment Through Land Trading SOURCE: Interview SITUATION: In the Northwest U.S. a state road paralleled a river and its curvature. The characteristics of the river defined the roadway alignment. Where the river made a sharp-angled turn, the road also made the sharp-angled turn. In the area of the sharp turn, the road was level with the riverbed. In the springtime, snow melts would cause the river to rise and flood the road to the point that only large trucks could travel the road. Due to the inoperability of the road during the spring season and safety concerns with the alignment, a new alignment was needed. ISSUES: Land Ownership, Funding ISSUES IN CONTEXT: The realignment of the road required right-of-way acquisition from the tribe as the state only owned the land within the current road alignment. PRACTICES: Formal Agreements, Resource Sharing, Investigation of Alternatives PRACTICES IMPLEMENTED: Prior to the proposed project, the tribe acquired property along the riverbed and planned to donate land to a project that would allow for the reconstruction of the section of road containing the sharp turn. The proposed alignment would cut through tribal land in the area of the sharp turn and continue on the existing road, so the state required right-of-way from the tribe. In order to complete the project, the tribe donated the land required for the new alignment, and the state, in turn, gave the tribe the piece of land on which the turn was located. The state also paid the tribe for their efforts in the destruction (asphalt removal, etc.) of the old piece of roadway. OUTCOME: The new road alignment no longer has a sharp turn as it cuts through tribal land. Consequently, the road can be open year-round with fewer flooding or safety concerns. 5: Roadside Vegetation Management SOURCE: Interview SITUATION: A state in the North Central United States works with tribes partly through a planning coun- cil in which representatives of the FHWA, local TTAP, DOT (including the tribal liaison), tribes, BIA, counties, and cities all participate to discuss transportation issues and needs. The planning

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57 council meets on a regular basis to discuss issues on transportation projects of concern to tribal communities. At these meetings, current projects and their status are discussed and members of the council are allowed the opportunity to voice concerns on any projects. ISSUES: Protection/Preservation of Tribal-Sensitive Resources ISSUES IN CONTEXT: In this state, vegetation along the roadside can be an issue and there is a need to control and eliminate the vegetation for proper clearing of the roadside. Vegetation management often involves the spraying of herbicides along the roadway. Tribes in the area do not approve of her- bicide spraying to manage the roadside vegetation and expressed this concern at a planning council meeting. PRACTICES: Meetings, Formal Agreements, Planning Organizations PRACTICES IMPLEMENTED: The issue of vegetation management was discussed through the planning council. In order to resolve the issue, a breakout effort is underway. The state DOT and tribal liaison are working on model agreements with the tribes regarding roadside vegetation management to address the issue of herbicide use. OUTCOME: It is the goal of the model agreements to meet the needs of all tribes. 6: Uniform Signage Brochure Created by Planning Council SOURCE: Interview SITUATION: In the North Central United States, there was a need for road signage within the state and on tribal land to be uniformly designed in order to improve driver understanding of signs on tribal lands. One of the reasons this need was identified was because of drivers' misconception and con- fusion about tribal identification based on local business names. For example, a large mis- conception existed that tribal casinos were named after tribes, and for this reason the public incorrectly identified many tribe names as being the casino names. A hypothetical example may be that a casino is named the "High Lands Casino" and, because of this name, the misconcep- tion would exist that the tribe who owned the casino was the "High Lands Tribe," when in fact this was just a name for the casino and is not the tribe's name. ISSUES: Sovereignty, Funding ISSUES IN CONTEXT: Correct signing of tribal land and businesses, like casinos, was identified as being a way to bring better understanding of tribal locations, businesses, etc. Correct signing of tribal reserva- tions and locations recognizes unique tribal identity and sovereignty. PRACTICES: Meetings, Formal Agreements, Planning Organizations, Standards and Handbooks PRACTICES IMPLEMENTED: In order to create standards for signs that may appear on tribal lands and increase motorists' ability to identify tribes and roadway signs on tribal lands, the issue was brought to the state plan- ning council. The planning council includes representatives from the FHWA, local TTAP, DOT (including the tribal liaison), tribes, BIA, counties, and cities within the state. This served as a

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58 forum for the tribes and state to work on a standard for road signing on tribal lands. The plan- ning council discussed types of signs that required standardization and created a brochure with sign standards (like shape, size, color, etc.) that could be utilized by the tribes when creating sign- ing on tribal land. OUTCOME: In addition to the standards developed for these signs, the sign brochure and standards also allows for the use of tribal logos on their respective signs. Tribes within the state can now utilize the signing brochure to achieve uniform and easy to understand signing within reservation bound- aries, while maintaining unique identity by incorporating tribal symbols. 7: Corridor Study Identifies Tribal Needs SOURCE: Interview SITUATION: In the Southwest United States, there existed a state road corridor in need of many transporta- tion improvements that passed through various tribal lands. Improvements along the corridor would require the management of multiple stakeholders' needs and interests. ISSUES: Sovereignty, Land Ownership, Funding ISSUES IN CONTEXT: The corridor in need of improvements was located in an area the passed through land belong- ing to multiple tribes. Any proposed improvements would require consultation with all affected tribes. A comprehensive study of the entire corridor was needed to identify needs and concerns of each of the tribes. The state did not have the funds necessary to complete the much-needed study. PRACTICES: Meetings, Tribal Consortiums, Formal Agreements, Planning Organizations, Resource Sharing PRACTICES IMPLEMENTED: In order to fund the project, the state and one of the tribes in the region shared the cost. To conduct the study, the tribal consortium within the state, including representatives from each of the tribes in the state, oversaw the consultants hired to complete the study. Consultants worked to examine and list all needs within the corridor as well as perform traffic studies within the cor- ridor. Estimates were then obtained for each of the "needs" identified by each of the tribes and a business plan was created. OUTCOME: After the business plan was completed, the list of needs was prioritized based on available funds and the source of the funds. Once a tribe obtained funding, the business plan and list of needs could be referenced to determine what need identified within the corridor should be addressed first. 8: Planning for Bike Tour SOURCE: Interview SITUATION: In the Southwest United States, a competitive bike race was being held across the southern portion of a state. This competitive and highly publicized race included proposed routes that tra- versed tribal lands. ISSUES: Sovereignty, Land Ownership

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59 ISSUES IN CONTEXT: Race organizers proposed the route for the competitive bike race, which included routes that traversed tribal lands. The race organizers did not consult with tribes affected by the race, nor did they prepare disaster plans to be implemented in the case of an emergency on tribal land dur- ing the proposed race. Tribes affected by the proposed routes were concerned with the effect that the race might have on emergency response on tribal lands and tribal law enforcement. Because the race required some routes to be closed, tribes wanted to ensure that emergency access to tribal lands was not affected. PRACTICES: Meetings, Tribal Liaisons and Coordinators, Emergency Preparedness Planning PRACTICES IMPLEMENTED: In order to inform the tribes of the planned routes, the city employed a tribal liaison and pro- vided the tribes with the planning information. The tribal liaison then held one-on-one meet- ings with each of the tribes to discuss concerns regarding the bike race and its routes. During the individual meetings, many of the tribes expressed concerns with the bike routes planned through tribal lands and areas affecting the tribes. The largest concern was with how an emergency on tribal land would be handled. The tribal liaison and staff worked with the bike tour manager to coordinate activities and ensure that law enforcement would be on site for the race and that any potential emergencies on tribal land would be the top priority. Activities were coordinated between bike tour personnel and tribal police during the event. OUTCOME: Once the tribal concerns and issues were addressed, the bike tour was completed. In this case, the tribal liaison served as the central person for coordinating events and ensuring that all con- cerns were addressed prior to commencement of the bike race. 9: Environmental Consultation Manual SOURCE: Interview SITUATION: In a state in the Northwest United States, a model for consulting on environmental issues was created for transportation projects affecting or of concern to tribal communities. The environ- mental consultation model was created by the state in consultation with the tribes to be used by project staff. ISSUES: Protection/Preservation of Tribal Sensitive Resources, Confidentiality of Tribal Sensitive Resources ISSUES IN CONTEXT: On projects affecting or of concern to tribal communities, environmental consultation is cru- cial for project success. Cultural properties and resources must be considered during the plan- ning process. In order to formalize environmental consultation, a model to be used by all parties was needed. PRACTICES: Data Collection and Analysis, DOT Standards and Handbooks, Meetings, Formal Agreements PRACTICES IMPLEMENTED: In creating the model, state DOT staff met with each tribe to discuss environmental consul- tation needs and requirements. State staff held individual meetings with tribes and the tribal transportation staff to discuss environmental consultation opportunities that the tribes wanted to have available. Once feedback was received from the tribes, the state developed recommenda-

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60 tions for an improved environmental consultation process, which was refined by the tribes. The model was developed from the recommendations to provide guidance by state DOT staff and tribal staff. OUTCOME: The model designed is user friendly for all persons working on the project. The model pro- vides guidance to DOT staff as to when and how to consult with the tribes and informs the tribes as to what to expect from the DOT, the approaches taken for consultation and the reasoning behind each approach. 10: State Road Turnover to County SOURCE: Interview SITUATION: In the North Central United States, a road within the state highway system did not connect to another state road. The road, referred to as a stub-end road, is a low-volume road and serves as the main access to the headquarters of a tribal government in the area. Because the road was a stub-end, the state was no longer interested in owning and maintaining the roadway. It was the state's intention to turn the road over to the county, which was interested in taking ownership of the road. In addition, the tribe was interested in transportation improvements on the road- way because of existing safety issues and concerns. ISSUES: Sovereignty, Land Ownership, Funding ISSUES IN CONTEXT: Ownership of the stub-end roadway needed to be turned over from the state to the county. Funding was also needed for the roadway improvements to be made along with the road turnover. PRACTICES: Meetings, Planning Organizations, Resource Sharing PRACTICES IMPLEMENTED: The project was worked by the regional planning council in which stakeholders from the state, cities, county and tribe participated. The planning council focused on opportunities to partner and capitalize on similar interests and needs. The stakeholders then pooled resources to be able to complete the project. The tribe assisted in land acquisition and with other environmental issues and surveying, the county performed the design and managed the construction of the proj- ect and the state funded construction. OUTCOME: The road was reconstructed to address safety issues and was turned over to the county by the state. The county then accepted the road as a future maintenance responsibility of their system. 11: Public Transit for Tribal Land SOURCE: Interview SITUATION: In the North Central United States, a tribe expressed a need for public transportation on the reservation. The regional area around the tribal land already had an extensive public transporta- tion system, but it did not serve the reservation. ISSUES: Sovereignty

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61 ISSUES IN CONTEXT: The tribe needed the public transportation system, but did not have the funding to create the system. The tribe also needed the proposed public transportation system to connect to local sys- tems in order to fully serve tribal members. PRACTICES: Meetings, Planning Organizations, Resource Sharing, Investigation of Alternatives PRACTICES IMPLEMENTED: In order to create public transportation for the reservation, the tribe secured a federal grant and was able to leverage state dollars for matching funds. The grant had limitations, so the regional planning council assisted the tribe in executing the use of the grant for public trans- portation. In order to maximize the transportation system, it was the tribe's desire to tie its transportation system into existing systems to convey tribal riders to businesses and services in the area. In order to do that, the tribe needed a station connection for the reservation. However, all public transporta- tion systems in the area were county-based, and some counties had limited services within their systems. Through the use of the federal grant, the tribe acquired four buses, but the stem lacked a station. In order to address this problem, the tribe worked with the regional planning council to investigate alternatives. The regional planning council consisted of stakeholders from the tribe, county and local townships. Through the council, it was identified that a railroad station that was no longer in use could be used for the station. The station was in the middle of the city and would address the needs of the tribe as well as assist in the development and improvement of the city. OUTCOME: The tribe was able to utilize this opportunity and brought the railroad station into their trans- portation network while tying into existing public transportation systems in the area. The sys- tem not only connects the reservation to public transportation, but also connects three counties. The new integrated system provides interstate travel, inter-county travel, and connections for the tribe to all of the major shopping districts and businesses. 12: Ten-mile Road Construction SOURCE: Interview SITUATION: In the Northwest United States, a major roadway reconstruction began 10 years ago, and has been progressing through continued collaboration and consultation between state and tribal officials through each phase of the project. It has been a difficult project in both design and scope, as the reconstruction is for a lengthy segment of roadway. ISSUES: Protection/Preservation of Tribal Sensitive Resources, Confidentiality of Tribal Sensitive Matters ISSUES IN CONTEXT: During the planning and construction of the project, the tribe involved in the reconstruction identified areas of great concern because of traditional practices. The sites that were identified as sensitive by the tribe because of traditional cultural practices would not have otherwise been identified as a site of concern by the state archaeologist. While the site was culturally and histor- ically important to the tribe, it was not identified as a historical site by the state or federal gov- ernment. In addition to the site having cultural and historical significance to the tribe, its location and specific use were confidential. PRACTICES: Meetings, Tribal Liaisons and Coordinators, Formal Agreements, Investigation of Alternatives

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62 PRACTICES IMPLEMENTED: When consultation began, state officials, including the state archaeologist, consulted with tribal elders to talk about concerns, what needed to be done and how the site could be avoided. Additionally, to include high-level state staff consulting with the tribal elders, the environmen- tal coordinator for the project and the resident engineers were included in consultation meet- ings. This allowed for tribal officials to express their concern directly to the engineers on the project. In order to alleviate the issue of protecting the site for traditional practices, tribal officials and the engineers on the project visited the field and marked off the area for protective fencing. Because the exact site location could not be disclosed, the fencing protected the area of the site and all plans for the project did not show areas of concern so that sensitive sites were not iden- tified. This aided in keeping the site area and purpose confidential throughout the project, and all project participants who were aware of the confidentiality kept the information confidential. OUTCOME: The project for the reconstruction of the highway is still ongoing and consultation through meetings with state and tribal officials continues. 13: Bridge Project Streamlined SOURCE: Interview SITUATION: In the Northwest United States, a state and a tribe worked jointly on the reconstruction of a bridge. In order to complete the design and construction of the bridge, the state and the tribe executed a Memorandum of Understanding. The bridge was owned by the state but was located on the reservation. The bridge was a narrow, old truss bridge, and the state began the redesign of the bridge. During the design phase of the project, there was a fatal accident and a critical structural mem- ber on the bridge was fractured. As a result of the crash, the old bridge had to be closed and motorists were detoured via a very long route around the bridge. This detour caused a great incon- venience to motorists and tribal members. The state and the tribe then worked on an accelerated design for a temporary structure to be used until reconstruction of the bridge was completed. In conjunction with the temporary design, the design for the new bridge was also accelerated and all parties involved joined together to make the project progress faster. ISSUES: Sovereignty, Funding ISSUES IN CONTEXT: One of the major issues with the erection of the temporary structure was obtaining an agree- ment from the Army Corps of Engineers. With little success in obtaining this agreement and appropriate permitting, the District Engineer contacted the tribal transportation office to ask for help in obtaining permitting from the Corps. PRACTICES: Meetings, Formal Agreements, Resource Sharing PRACTICES IMPLEMENTED: The tribal transportation office went to the tribal council for help. The tribal council contacted the Corps and obtained the permit within two days. The temporary bridge could then be con- structed. In order to complete construction of the new bridge, the state and the tribe shared their resources. The tribal pit source was utilized for rock materials and the tribe assisted in the haul- ing of materials. The tribe was also able to obtain funding for the bridge through the IRR.

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63 OUTCOME: The state assisted in administering the project to ensure that the project and the new bridge was reconstructed and opened within one year. 14: Jurisdictional Issues Resolved at Summit SOURCE: Interview SITUATION: In a state in the Northwest United States, there exist many issues regarding highway safety, and differences between state and tribal safety regulations were causing a disconnect between laws on and off tribal land. ISSUES: Sovereignty ISSUES IN CONTEXT: The tribe's transportation code for the reservation was 50 years old, and penalties associated with tribal transportation regulations were out of date. PRACTICES: Meetings, Summits and Workshops PRACTICES IMPLEMENTED: In order to address safety and regulation issues, the state utilized safety funds to organize a summit. The summit was hosted on the reservation, and representatives from the state and tribe attended the summit. Attendees at the summit brainstormed on safety issues and ways to work together to improve safety on the highway system. Some of the issues that were discussed in the safety summit were regarding jurisdiction with law enforcement. Jurisdiction issues often arise with the overlap of law enforcement from the state, city, and tribe. Because of these issues and the inability to completely resolve them during the summit, breakout meetings were organized to address jurisdiction issues. OUTCOME: The state and the tribe worked with the US Attorney General's office and law enforcement to resolve jurisdiction issues. The parties are currently working on new requirements for reporting traffic violations between law enforcement offices. Both the state and the tribe have considered the safety summit a success and have hosted two thus far. 15: Road Realigned to Avoid Fishing Resource SOURCE: Interview SITUATION: In a state in the North Central United States, reconstruction of a state roadway along a lake was needed because of safety issues with the existing alignment and desired expansion from a two-lane roadway to a four-lane roadway. Expansion of the roadway would affect the lake, which was considered an important resource to the local tribe. ISSUES: Protection/Preservation of Tribal Sensitive Resources, Land Ownership, Funding ISSUES IN CONTEXT: The tribe's communities lived in the vicinity of the lake, which would be affected by the pro- posed expansion. This lake is considered an important fishing resource to the tribe, and the tribe was concerned about the effects that the roadway expansion would have on that resource. In

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64 addition, the lake attracted tourism to the area and was a popular spot for recreation. If the lake were affected by the project, tourism and recreation might also be affected. PRACTICES: Meetings, Formal Agreements, Investigations of Alternatives PRACTICES IMPLEMENTED: During the planning phase of the project, the state investigated alternatives for the proposed roadway as part of the state's formal scoping process. The parties involved, which included the tribe, DOT and other stakeholders, did not automatically agree on any of the proposed alter- natives. In order for the project to commence, all stakeholders needed to come to a consensus on the preferred alternative. After several years and much discussion, an alternative was selected for the new alignment. The preferred alternative moved the alignment away from the lake to minimize potential effects. Following the alternative selection, work began on the Envi- ronmental Impact Statement (EIS). However, during the completion of the EIS, funding for the project was insufficient and the parties involved were unable to secure enough funding for the project. OUTCOME: While stakeholders involved in this project were able to come to a consensus on a preferred alternative, lack of funding put a stop to the project. Without the realignment, the old alignment will continue to be used and safety issues remain along that alignment. Because of these issues, the tribe and DOT are working on safety solution projects at different locations along the exist- ing alignment. 16: Roadway Realigned to Avoid Cultural Resources SOURCE: Interview SITUATION: In the North Central United States, a city bypass project was proposed with the proposed alignment routed around the city. The alignment for the bypass passed through areas known to have potential significance to tribes. In order to identify any potential sensitive sites, the city and state entered into discussions with the local tribes as to the location of the alignment and any potential conflicts that it might have with tribal sites. ISSUES: Protection/Preservation of Tribal Sensitive Resources, Confidentiality Matters ISSUES IN CONTEXT: During consultations with the city and state, the tribes identified several sensitive sites that would be affected by the proposed alignment. The sites identified were culturally significant to the tribes because they contained many cultural resources. In particular, the tribes identified bur- ial grounds that were located along the proposed alignment. In addition, a culturally significant creek was identified along the new alignment. PRACTICES: Meetings, Investigation of Alternatives PRACTICES IMPLEMENTED: The tribe expressed a desire to meet with the stakeholders in the project and discuss the issues at hand. This led to the formation of a committee that included stakeholders in the region of the project to discuss project alternatives so that the sites could be avoided. The tribe then worked with project designers to adjust the new alignment to minimize impacts on sen- sitive sites. The bypass alignment was then redesigned to avoid all identified sites along the project.

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89 visits, hazardous materials training, erosion and sediment control training, fish passage training, and training on ORDOT's Resource and Restricted Activities Zone maps for district roads. The department also relies on participation in professional symposiums/conferences and videos it has developed, including "Road to Recovery: Transportation Related Activities and Impacts on Salmon," and a new video being made on calcium magnesium acetate (CMA): "CMA: A valu- able tool for winter operations and total storm management." ORDOT also trains staff through continuing education classes and systematic trials of new products. Mississippi DOT (MSDOT) Maintenance Training for Facility Environmental Compliance and Illicit Discharge Detection and Elimination MSDOT is developing training for all maintenance employees as part of a proactive facility envi- ronmental auditing program, to ensure that environmental standards are maintained. Topics will include shop "housekeeping" practices, grounds, stockpiles, hazardous material disposal and storage, recycling, and other maintenance practices. MSDOT has also developed training courses for maintenance pertaining to erosion control and illicit discharge detection and elimination. MSDOT is scheduled to start an inspection plan for locating and eliminating illicit discharge coming onto MSDOT right-of-way in nine counties in the state. WSDOT Environmental Training for Construction Inspection and Maintenance WSDOT has an environmental training program that encompasses all WSDOT staff. The Endangered Species Act (ESA) Maintenance Training Program gives maintenance staff the skills to stay in compliance while performing maintenance activities on the roadway. The WSDOT Environmental Policy Statement and the WSDOT Environmental Management System guide the environmental training program. The Policy, among other things, commits WSDOT to comply with all applicable environmental laws and regulations as well as to provide staff with appropriate training targeted to the Department's environmental responsibilities. OUTCOME: In addition to protecting the environment, DOTs have efficiency reasons for pursuing steward- ship practices. Raw material usage, energy consumption, waste generation, storage of materials, environmental mitigation, maintenance of construction sites and the final facilities and roadsides all require a significant investment of financial resources. Efficient, effective, and environmen- tally conscious use of these resources can yield both financial and ecological benefits. 37: Environmental Training for Construction Staff SOURCE: Adapted from NCHRP Project 25-25 (04) "Environmental Stewardship Practices, Pro- cedures, and Policies for Highway Construction and Maintenance" by the National Cooperative Highway Research Program (http://environment.transportation.org/environmental_issues/ construct_maint_prac/compendium/manual/2_1.aspx) SITUATION: In 2002, 24 state Departments of Transportation (DOTs) reported performing general natu- ral resources sensitivity and/or regulatory training for engineers and/or construction. Approxi- mately 60 percent offered engineers and construction staff general training in the National Environmental Policy Act (NEPA) which calls for the consideration of tribal resources, public involvement, the DOT's environmental process, and Best Management Practice (BMP) mainte- nance and water quality considerations. ISSUES: Protection/Preservation of Tribal Sensitive Resources ISSUES IN CONTEXT: Many transportation agencies have developed stewardship programs to help construction staff protect the environment and increase the efficiency of transportation projects.

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90 PRACTICES: Training, Presentations, DOT Standards & Handbooks, Summits/Workshops, Regional or State Level Conferences PRACTICES IMPLEMENTED: Following are examples of specific programs developed for training of construction staff on environmental issues and stewardship: New Jersey DOT (NJDOT) and NJ Associated General Contractors (AGC) Stewardship Practices NJDOT is currently developing contractor training and meetings with its contractors to discuss good stewardship practices. The New Jersey AGC has become an active participant in the Fed- eral Highway Administration's National Quality Initiative program, signing quality initiative partnering agreements with the NJDOT and the New Jersey Department of Environmental Pro- tection (NJDEP) with the goal of keeping transportation projects environmentally friendly and obtaining timely environmental permits. The AGC founded the Construction Industry Advancement Program to educate contractors about business issues, including designing envi- ronmentally friendly projects. Mass Highway Standards and Expectations for Contractors The Massachusetts Department of Environmental Protection (DEP) and Mass Highway are pro- viding a workshop on the National Pollutant Discharge Elimination System Construction Gen- eral Permit, regulatory requirements and DOT expectations for contractors. The workshop was presented to Construction Industries of Massachusetts (CIM), an advocacy organization of con- struction contractors in Massachusetts. Workshop presentations were also conducted at meet- ings of the Massachusetts Association of Conservation Commissions (local wetlands regulators), identifying construction issues, methods, requirements, and successful erosion control BMPs in order to familiarize local regulators with Mass Highway work, so that permit conditions can meet both construction and environmental needs. Associated General Contractors of Illinois (AGCI) and Illinois DOT (IDOT) Contractor Outreach on Erosion & Sediment Control The AGCI and IDOT worked together in developing a seminar series on erosion and sediment control. The seminar was aimed at helping highway contractors and government employees understand the effects of the Environmental Protection Agency's Phase II Stormwater Regula- tions. A total of 10 one-day seminars were held, with more than 1,400 people attending. The sem- inar series was especially effective because it tailored information to Illinois geography and IDOT best practices. Co-training highway construction contractors and state government employees in the same forum ensured that everyone heard the same message. Workbooks were developed for all participants with information from the presentations. This seminar series is one of several joint public/private training efforts undertaken by AGCI and IDOT. OUTCOME: In addition to protecting the environment, DOTs have efficiency reasons for pursuing stew- ardship practices. Raw material usage, energy consumption, waste generation, storage of mate- rials, environmental mitigation, maintenance of construction sites and the final facilities and roadsides all require a significant investment of financial resources. Efficient, effective, and envi- ronmentally conscious use of these resources can yield both financial and ecological benefits. 38: Joint Training for Contractors, Construction Environmental Supervisors and Maintenance Staff ENVIRONMENTAL SUPERVISORS AND MAINTENANCE STAFF SOURCE: Adapted from NCHRP Project 25-25 (04) "Environmental Stewardship Practices, Pro- cedures, and Policies for Highway Construction and Maintenance" by the National Cooperative

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91 Highway Research Program (http://environment.transportation.org/environmental_issues/ construct_maint_prac/compendium/manual/2_8.aspx) SITUATION: In the mid 1990s the Utah Department of Transportation (UDOT) decided the agency needed to try to enhance contractors' understanding of environmental issues in construction. ISSUES: Protection/Preservation of Tribal Sensitive Resources ISSUES IN CONTEXT: UDOT developed a class on temporary erosion and sedimentation control and other environ- mental issues that may arise in construction. Contractors and UDOT construction crew inspec- tors are invited to attend the course, as are UDOT designers and maintenance staff. While the current case study does not specifically involve tribes in the planning or delivery of the training opportunity, it provides an example of joint training on related issues, such as cultural resources. PRACTICES: Training, Presentations, DOT Standards & Handbooks PRACTICES IMPLEMENTED: UDOT's one-day class includes an overview of UDOT's environmental process and Clean Water Act and water quality regulations in particular. UDOT introduces contractors to erosion and sed- iment control basics and the standard drawings and Best Management Practices (BMPs) that UDOT has available, as well as the agency's erosion and sediment control manual. Contractors practice developing their own Stormwater Management Program Plan and review inspection points. While the class spends the most time on water quality, it also addresses the National Environ- mental Policy Act (NEPA), threatened and endangered species issues, and what to do if the contractor encounters a cultural resource. Archaeological and prehistoric sites, cultural and paleontological clearances are covered. Contactors and staff are familiarized with the 18 species on Utah's noxious weed list and expectations to minimize disturbance, reseed all disturbed areas promptly, regrading and weed spraying. UDOT also reviews hazardous materials practices, fuel storage, waste oil handling and environ- mental clearances required for off-site work proposed by the contractor but not included in the con- tract. The latter section addresses environmental permitting concerns for off-site contractor needs such as for material sites, staging areas, office sites, water lines, holding ponds, stockpile locations, slope flattening, etc. Floodplain, farmland and air quality clearances are among those reviewed. The contractor designates one person to be called an Environmental Control Supervisor (ECS) and the UDOT crew designates one as well. Jointly, these supervisors discuss environmen- tal issues on-site, and decide inspection schedules, changes, and needed clearances on additional sites. UDOT's ECS is responsible for: Inspecting the project site for compliance with environmental permits. Ensuring that environmental protection measures in the plans are implemented on the project. Maintaining temporary erosion and sediment control measures. Modifying the Stormwater Pollution Prevention Plan as required. Obtaining additional environmental clearances for off-site work. Coordinating with the UDOT construction crew's ECS. Ensuring that all environmental mitigation commitments are followed on the project. OUTCOME: In addition to protecting the environment, DOTs have efficiency reasons for pursuing steward- ship practices. Raw material usage, energy consumption, waste generation, storage of materials,

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92 environmental mitigation, maintenance of construction sites and the final facilities and roadsides all require a significant investment of financial resources. Efficient, effective, and environmentally conscious use of these resources can yield both financial and ecological benefits. 39: Tribal Relations Symposium for Executive Leaders SOURCE: Experience SITUATION: Several project stakeholders sponsored a Tribal Relations Symposium for Executive Lead- ers. The Bureau of Land Management sponsored facilitation services for the Symposium. Symposium topics included historical background, trust responsibilities, Native American laws and policies, cultural sensitivity and effective communications. The last day of the symposium included a facilitated tribal listening session. The listening session provided tribal leaders the "opportunity to be heard" on issues that affected them and to "influence national and regional natural policies on tribal lands." Subcontractors co-facilitated the lis- tening session. Meeting organizers facilitated an exchange of ideas and an increase in knowledge and aware- ness of one another's cultural understandings and issues. More specifically, the listening session would allow key federal decision makers to hear directly from Indian tribes on important natu- ral resource issues. ISSUES: Cultural Competency, Protection/Preservation of Tribal-Sensitive Resources, Sovereignty ISSUES IN CONTEXT: The session was designed to support the mission of the stakeholders' Tribal Relations Team to "facilitate the development of mutual trust, effective communication and cooperation to improve government-to-government relations with tribes to address common natural and cultural resource issues in the Southwest." PRACTICES: Meetings, Summits/Workshops, DOT Standards & Handbooks PRACTICES IMPLEMENTED: Leadership from several federal agencies from the Southwest United States were invited to participate in the listening session, but because of the nature of the event there was no guar- antee of who could remain and whether upper-management executives could participate. The two-hour listening session was planned during one of the last slots of a 2 1/2-day semi- nar, and organizers feared participation may suffer. The facilitators assisted the team in developing a flier to serve as a "teaser" to increase awareness and interest in the listening session as well as a one-page comment form to sup- plement oral comments and to provide an alternative means for providing feedback. Lively discussions covered such topics as the need for trust, respect and cultural sensitivity; honoring time and the necessity to allow processes to work themselves through; the tradi- tions of involving tribal members in decisions on a grassroots level; and the lack of collab- oration between agencies, within agencies and among tribes. OUTCOME: A group of more than 60 federal and tribal representatives participated in the listening ses- sion. Next steps were identified at the conclusion of the listening session that challenged partic- ipants to continue working together and aim toward the development of a guidance manual that describes what works and doesn't work for agency-tribal consultations and the inclusion of more tribes and federal agencies.

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93 40: Forest Plan Revision SOURCE: Experience SITUATION: In 2006, two National Forests, which included lands adjacent to tribal jurisdictions and lands of cultural interest to multiple tribes, began revision of their 1987 Land and Resource Manage- ment Plans under the new federal 2005 Planning Rule. The new rule required plans to be reviewed and updated at least every five years and to emphasize greater public collaboration, among other requirements. The three-year forest plan revision (FPR) process was divided into three phases. The National Forests contracted with a third-party facilitation team to assist in planning, to build capacity for, and to help facilitate collaborative work in the first half of Phase One. Additionally, the design of Phase One needed to be a collaborative process, conducted with an eye toward the next two phases being conducted without the facilitation team's involvement. Training and guidance was needed for Forest Service personnel to enable them to take over the process after the facilitation team's involvement in Phase One. ISSUES: Cultural Competency, Sovereignty, Land Ownership ISSUES IN CONTEXT: A third party facilitation team developed a cohesive process to accommodate the needs of two separate National Forests with many diverse stakeholders, some of whom had interests in both forests. PRACTICES: Meetings, Workshops, Tribal Liaisons, Presentations, Training, Public Involvement, Standards and Handbooks PRACTICES IMPLEMENTED: The facilitation team served as lead facilitators at two rounds of workshops in various loca- tions around the Southwest United States. This helped to involve local governments, neigh- boring land managers, tribes and the general public from throughout the immense area of the two forests. The facilitation team worked with the Forest Service planning team to develop the agenda and facilitate the first two sets of public meetings, and to facilitate and document joint-forest planning team meetings. With Forest Service staff and the tribal liaison, and based on input from tribal members, the facilitation team developed a comprehensive Tribal Involvement Plan. This helped to facil- itate planning for tribal involvement in a manner appropriate to tribal customs and wishes. To build agency capacity, the facilitation team led three day-long workshops to train agency personnel on small group facilitation and public comment recording; plus, the team held pre-meeting refreshers and orientation sessions. A presentation and discussion on tribal cultural sensitivity was conducted for the Forest Service leadership and planning teams regarding best practices for collaborative work with tribal communities. OUTCOME: Sixteen public workshops were held in numerous locations in the Southwest United States to accommodate each of the constituent communities of the National Forests. A total of 346 peo- ple attended the meetings. Following the integration of input from public workshops, written comments, tribal input, and focus groups, a comprehensive forest plan revision will be devel- oped that is more strategic and less programmatic than previous versions. As part of the process, the facilitation team prepared a detailed collaboration report for the two forests which included feedback based on surveys, evaluations and input from all participants

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94 on the initial phase of FPR collaboration, along with lessons learned and strategies to consider as the Forest Service moved forward into the final phases of the project. 41: Underground Storage Tank StrategyTribal Facilitation SOURCE: Experience SITUATION: In August 2005, President Bush asked the U.S. Environmental Protection Agency (NEPA) to develop and implement a strategy, in coordination with Native American tribes, to give priority to Underground Storage Tanks that present the greatest threat to human health or the environment and take necessary corrective action. The EPA Office of Underground Storage Tanks developed a workgroup consisting of both EPA staff and Native American representatives. A nationwide strat- egy for underground storage tanks on tribal lands had to be developed based on the views of both EPA and tribal workgroup members. The workgroup had less than one year to complete the nationwide strategy and present its findings to the U.S. Congress in August 2006. ISSUES: Cultural Competency, Protection/Preservation of Tribal Sensitive Resources, Sovereignty, Land Ownership ISSUES IN CONTEXT: Contractors facilitated a series of meetings between EPA officials and tribal representatives to develop and implement the national Underground Storage Tank compliance strategy. PRACTICES: Meetings, Workshops PRACTICES IMPLEMENTED: A contractor was retained by the EPA to help facilitate a series of meetings between tribal representatives from at least 50 tribes (out of more than 500 tribes nationwide) and EPA headquarters and regional staff (from 12 different regions). Because the EPA was developing a national strategy, the facilitator had to ensure that one particular region or tribe did not dominate the discussion. As co-facilitators, the contractors assisted participants in articulating their interests, iden- tifying areas of agreement, and recommending solutions. They also kept the parties talking, listening, and moving toward the goal of the process. OUTCOME: The national workgroup, comprised of tribal leaders and EPA headquarters and regional staff, worked on a draft of the strategy, as a response to the Energy Policy Act of 2005, and the final strategy was submitted to Congress on time. 42: Street Lights Improvements SOURCE: Experience SITUATION: The project involved the installation of street lights needed to improve visibility along a two- mile section of a US highway in the Southwest United States. The client wanted to promote and publicize the benefits of the project, keep the local community apprised of the progression of the project and involve the community in the project. ISSUES: Cultural Competency, Sovereignty, Land Ownership

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95 ISSUES IN CONTEXT: The community in which the project took place is located entirely within a reservation and is a primary tourism gateway to a busy, world-renowned tribal park. The project could cause traf- fic delays and make the town appear less attractive. Potential cultural conflict existed between the community and outside officials. PRACTICES: Public Involvement PRACTICES IMPLEMENTED: A public involvement firm was retained to work closely with the community and the construc- tion contractor regarding community concerns. Ongoing public involvement was utilized to minimize the impact of street lights improvements in the tribal community. News releases kept the community informed of project details and developments. A light-switching ceremony was held to commemorate project completion, and it cele- brated an informal partnership developed between the state agency and local tribal govern- ing body as a result of the project. Tribal and State dignitaries participated in the ceremony. Photographs and a feature article on the project and the ceremony were published in the local paper. OUTCOME: Traffic interruptions and delays were kept to a minimum, and community leaders were reg- ularly apprised of project progress. Potential cultural conflicts were avoided by working with community leaders as partners in the project. The light-switching ceremony drew a large audi- ence and fostered widespread community participation. Positive publicity appeared in all local media creating a positive image of the project. 43: US Roadway Improvements Pre-design Study SOURCE: Experience SITUATION: A state in the Southwest United States hired an engineering firm to conduct a pre-design study for roadway improvements on a U.S. Highway. The project's primary focus was on improving an intersection located at a major crossroads on tribal land and immediately adjacent to a high school. A number of public meetings occurred without guidance from a public participation practitioner. A consulting firm was asked to help after the project stalled for several months. ISSUES: Cultural Competency, Sovereignty, Land Ownership ISSUES IN CONTEXT: The community favored an alternative that offsets the junction by 500 feet at two T-intersec- tions; the tribe endorsed its favored alternative via a tribal resolution in summer 2004. The state and the design team preferred the modern roundabout alternative, but most of the community did not favor roundabouts because they contended that these intersections are too confusing for elder tribal drivers, some of whom cannot comprehend complex road signs. Furthermore, cultural differences encountered in Native America and rural communities prior distrust for government officials and outsiders; view of telephone and email contact as impersonal; preference for face-to-face communication; different level of technology made it difficult to establish the mutually trusting relationship necessary to achieving the project's goals. PRACTICES: Meetings, Public Involvement

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96 PRACTICES IMPLEMENTED: Tribal entities, area businesses and residents, and the state worked together to reconcile their different perspectives and came to a community-driven decision on roadway improvements. Small group meetings were held with the leadership of the tribe near the project area to explain the technical and safety reasons the state preferred the roundabout, to summarize public involvement efforts undertaken by the state, and to address questions from commu- nity leaders before taking the information to the public. Individual meetings were also held with numerous governmental and business stakehold- ers, including the local School District. Finally, the state presented information about two final alternatives at a large public meet- ing held at the high school adjacent to the intersection where the public had a chance to offer comments and have their questions answered. The final decision was left up to the community; the state decided to accept resolutions from the local government agencies to govern which final alternative would be selected. OUTCOME: The numerous stakeholder groups worked together to reconcile their different perspectives and came to a community-driven decision to endorse the roundabout as the final alternative. Two area tribal communities passed resolutions supporting the roundabout design, other stake- holders passed supporting resolutions, and the local School District offered their appreciation for the open communication process and for involving the public in the decision. 44: Rural Transit Needs Survey SOURCE: Experience SITUATION: A Southwest state's Public Transportation Division began a study in 2006 to assess rural tran- sit needs in all areas of the state, including areas within the jurisdiction of existing metropolitan planning organizations (MPOs). Using the respective MPOs and Councils of Government (COGs), nine rural transit study regional areas were identified. As part of the statewide public involvement effort, a public involvement consulting firm was retained to help coordinate efforts in two of the study areas and to facilitate statewide tribal involvement. The state was looking for input primarily from transit providers and representatives of groups who use transit services frequently, not the general public. However, the state also wanted input from as many of the state's 22 tribes as possible. Only three workshops were planned to cover nearly half the state, and little funding was available for identifying stakeholders or developing workshop logistics, including advertising. ISSUES: Cultural Competency, Sovereignty, Land Ownership ISSUES IN CONTEXT: A Southwest state's Public Transportation Division utilized public involvement to success- fully conduct a regional study of rural transit needs. PRACTICES: Meetings, Workshops, Public Involvement, Mailings/Response Forms, Resource Sharing PRACTICES IMPLEMENTED: Two COGs, representing the two study areas, were asked to develop stakeholder lists and to send a personal letter inviting those contacts to the regional workshops. The COGs also took a central role in arranging the workshop logistics. The letter included a questionnaire for those who might not be able to attend a workshop.

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97 Each of the 22 tribes in the state was contacted by phone before the workshops to person- ally encourage their participation. Following the workshops, each of the tribes was contacted again for follow-up telephone interviews. OUTCOME: Workshops were held in each of the nine study areas throughout the state and were well attended. Forty-four representatives of transit operators and users participated in the three work- shops that the consulting firm coordinated. Sixteen state tribes participated in the workshops and in telephone interviews. Through these efforts, the state learned from transit operators and users from throughout the state about current and future transit needs. The results of the study are now being integrated with a Transportation Framework study following an executive order from the Governor regarding the state's transportation options. The final report was released in May 2008 and can be found on the Arizona Department of Transportation website. 45: Roadway Improvements Design Traffic Interchange SOURCE: Experience SITUATION: A state in the Southwest United States had been stalled midway through a design project for roadway improvements to a U.S. highway/Interstate traffic interchange. The project traverses county lands and parcels that belong to the local tribe, which is under the jurisdiction of one of the tribe's political subdivisions. Delays caused the state to request that funding set aside from the State Transportation Board be delayed for up to two years. One of the most significant stalls occurred when the state adopted a directive that intersection improvements that look at street- light improvements must also evaluate roundabouts as an alternative. Ultimately, after engineer- ing evaluations, the state recommended three roundabouts to be installed at the off- and on-ramps, as well as another nearby intersection that served interstate frontage roads and local access for residents. The state wanted community buy-in for the roundabout alternative, as well as coordination with the tribe and the community for the cleanup and maintenance of new sidewalks and the pay- ment of electrical utilities for the new street lights. Meanwhile, one of the bridges that the project was supposed to replace was deteriorating and had recently required emergency repair work. ISSUES: Cultural Competency, Sovereignty, Land Ownership ISSUES IN CONTEXT: The project area is in an unincorporated community of mostly non-tribal residents that is sur- rounded by a mosaic of tribal lands. Many people in the community are unfamiliar with round- abouts, and some contended that these intersections are too confusing for elder tribal drivers, who may not be able to comprehend complex road signs. Another issue that needed to be resolved was the question of who was going to pay for electricity costs associated with the new streetlights, especially because the area did not have a local, municipal government. Finally, the state DOT wanted a local governmental agency to regularly cleanup the new sidewalks that would be installed. However, the area was unincorporated and the tribe was reluctant to com- mit to cleaning up areas outside its jurisdiction. PRACTICES: Presentations, Meetings, Public Involvement, Formal Agreements, Investigation of Alternatives PRACTICES IMPLEMENTED: Small group meetings were held with the leadership of the tribe near the project area to explain the technical and safety reasons the state preferred the roundabout.

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98 Individual meetings were also held with numerous governmental agencies. Finally, the state presented information about two final alternatives at a large public meet- ing where the public had a chance to offer comments and have their questions answered. Several intergovernmental meetings were held to reach an agreement on the new sidewalks and streetlights, including one meeting with local businesses in attendance. OUTCOME: Tribal entities, area businesses, local residents and the state worked collaboratively to recon- cile their different perspectives and came to a community-driven decision to endorse the round- about as the final alternative. Two area tribal communities and other stakeholders and political entities passed resolutions supporting the roundabout design. Additionally, an intergovernmental agreement was reached on the streetlight and sidewalk issues, with each of the agencies taking on a portion of the responsibilities. In fact, the county and the central government of the tribe agreed to split the cost of the electricity. Plus, one of the tribe's political subdivisions agreed to oversee the cleanup and maintenance of the sidewalks, and business owners committed to maintaining their sections of the street front, which were largely on non-tribal lands. 46: US Highway Feasibility Study SOURCE: Experience SITUATION: A US highway in the Southwest Untied States serves numerous and growing tribal communi- ties, and the population and traffic is expected to increase in the area. The state wanted to meet future traffic needs and provide operational improvements via a comprehensive long-range plan by identifying and evaluating alternatives for the ultimate facility, accounting for changes 20-30 years into the future. However, the budget could not afford public meetings in each of a dozen or more communities. ISSUES: Cultural Competency, Sovereignty, Land Ownership ISSUES IN CONTEXT: The state desired to work with locals, including tribes, to identify needs and desires that road- way improvements can address, and to achieve a design that meets standards and also is context sensitive and acceptable to the local population. The corridor is 160 miles long and traverses diverse communities, including two distinct tribal reservation areas. The project team under- stood that numerous stakeholders might adopt opposing stances on a number of issues. A pub- lic involvement consultant was retained by the state to assist with the project. PRACTICES: Presentations, Meetings, Public Involvement PRACTICES IMPLEMENTED: A Public Involvement Plan was developed for the project that included reconnaissance research and travel through the project area to identify key stakeholders as well as personal interaction with stakeholders through flier hand-delivery trips and taking time to chat informally with community members. Public meetings were consolidated into three, which were held at major community hubs in the east, west and central locations of the corridor, and public participation was not affected. Facilitated agency meetings were held during the daytime before evening public meetings. Quarterly meetings were held with key stakeholders such as transportation officials, com- munity house leaders, officials and administrators.

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99 Radio advertising in both English and the native language was used heavily. A toll-free telephone hotline was maintained throughout the project. Informational kiosks were set up at key community locations throughout the project area. Oral translations were provided at public meetings. OUTCOME: A year-long, three-step approach allowed the project team and community stakeholders, including tribes, to (a) brainstorm issues, concerns and opportunities, (b) review the range of alternatives and provide comments and note preferences for design elements and solutions and (c) select and refine the final alternative solution. Coordination efforts with agency and commu- nity influencers were key to the success of the project, and, despite the diversity of communities along the corridor, stakeholders and the public were able to reach common agreements about most aspects of roadway design alternatives.