National Academies Press: OpenBook
« Previous: Appendix B - Issue Self-AssessMent Checklists
Page 54
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 54
Page 55
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 55
Page 56
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 56
Page 57
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 57
Page 58
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 58
Page 59
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 59
Page 60
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 60
Page 61
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 61
Page 62
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 62
Page 63
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 63
Page 64
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 64
Page 65
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 65
Page 66
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 66
Page 67
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 67
Page 68
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 68
Page 69
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 69
Page 70
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 70
Page 71
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 71
Page 72
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 72
Page 73
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 73
Page 74
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 74
Page 75
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 75
Page 76
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 76
Page 77
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 77
Page 78
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 78
Page 79
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 79
Page 80
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 80
Page 81
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 81
Page 82
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 82
Page 83
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 83
Page 84
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 84
Page 85
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 85
Page 86
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 86
Page 87
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 87
Page 88
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 88
Page 89
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 89
Page 90
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 90
Page 91
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 91
Page 92
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 92
Page 93
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 93
Page 94
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 94
Page 95
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 95
Page 96
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 96
Page 97
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 97
Page 98
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 98
Page 99
Suggested Citation:"Appendix C - Case Studies." National Academies of Sciences, Engineering, and Medicine. 2011. A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities. Washington, DC: The National Academies Press. doi: 10.17226/14528.
×
Page 99

Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

54 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.). A P P E N D I X C Case Studies

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

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

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

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

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-

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

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

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.

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

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.

65 OUTCOME: Although these steps mitigated the issues that came with the project, members of the stake- holders’ committee recognized that construction of the new alignment might result in develop- ment of land in the vicinity. This possibility posed a threat to the cultural sites avoided by the new alignment. The state then worked with landowners and purchased protective covenants on the sensitive sites and burial grounds that were located in the area. As part of the committee con- sultation, stakeholders were able to look ahead and proactively protect the tribe’s cultural sites. 17: A Hundred-Mile Road Reconstruction SOURCE: Interview SITUATION: In the North Central United States, reconstruction of a 100-mile stretch of highway was listed in the state’s STIP. At the annual discussion of the STIP, a tribe in the state that was affected by the highway expressed an interest in being involved in the project. After this first level of notifi- cation of concern to the state, other tribes also expressed an interest in the project. Meetings were then held between the state and the tribes to discuss the project amongst all stakeholders. In these project meetings, the tribes consulted with the state as a consortium, with the tribes consulting with each other and then consulting with the state as a group. ISSUES: Protection/Preservation of Tribal Sensitive Resources ISSUES IN CONTEXT: During regular meetings between project stakeholders, including a consortium of tribes, it was identified that the reconstruction of the 100-mile highway passed through some river valleys where sites of concern to the tribes were located. These sites had cultural and historical signifi- cance to them and many were used as cultural practice sites. PRACTICES: Meetings, Tribal Consortiums PRACTICES IMPLEMENTED: The state began work with the tribes to identify the sites and avoid impact. The initial align- ment of the proposed reconstruction impacted more than 20 sites. Designers worked with the tribes to modify the alignment in a manner that avoided all 20 of the sites in question. During the decision-making process, the tribes involved in the project worked as a group and came to a consensus for each decision to choose the one that best suited all parties rather than consulting on a one-on-one basis with the state. OUTCOME: The alignment only had to be redesigned slightly and avoidance of cultural sites brought all parties involved to agreement on the project. 18: Historical Records Room Created by Tribe SOURCE: Interview SITUATION: A Northwestern tribe took initiative to track historical records and sites of the tribe. A staff member for the tribe proposed that a room be created for historical records. Because the tribe does not have a reservation, but rather has trust property, tracking of historical records assists in identifying sites that may be of concern to the tribe even in the case that the site is not on tribal trust land. In order to fund the project, staff members obtained grants from both the National Park Service and the state DOT. Using the grants, the tribe and its staff compiled information

66 from historical records by performing a literature review, investigating court documents and performing oral interviews. The information gained on historical and cultural sites has been mapped using Geographical Information System software to be stored in the historical records room. The project is ongoing, but already has significant information on historical and cultural records that can be utilized on new projects. ISSUES: Protection/Preservation of Tribal Sensitive Resources, Confidentiality of Tribal Sensitive Matters, Land Ownership ISSUES IN CONTEXT: After the tribe had the historical mapping project, the state DOT was operating a project for a new traffic signal near the tribe’s trust land. An environmental review was performed for the project, and it was believed that site was free from any historical or cultural significance. When excavation for the signal project began, construction crew members discovered evidence of a burial site in the location of the proposed signal. PRACTICES: Data Collection and Analysis, Meetings, Emergency Preparedness Planning PRACTICES IMPLEMENTED: The DOT quickly contacted the tribe to determine whether the burial site was in the tribe’s historical records. Tribal staff then consulted with historic records and identified that the site was indeed a tribal site. The record for this site had been obtained during initial document review when the historical records room was established. The tribe and DOT were able to meet and dis- cuss the historical/cultural sites in the area and the best locations for the DOT to utilize for the proposed signal project. OUTCOME: The use of the tribe’s historical records room saved time and cost for the DOT by allowing for an investigation of sites based on historical records rather than by archaeological work. It allowed the DOT and tribe to work together to mitigate the issue and determine future processes for identification of tribal sites and disaster planning when such sites are encountered on a project. 19: FHWA Involvement to Select Preferred Alternative SOURCE: Interview SITUATION: In the North Central United States, a county was working on the reconstruction of a roadway in a location where a local tribe had purchased a significant amount of property. Per the state’s scoping process, the county performed an alternative analysis for potential alignments for the project. The county selected a preferred alternative, but the tribe affected by the project did not agree with the alternative selected. Despite the fact that the tribe did not agree with the alterna- tive and there was not consensus on how the project should be completed, the county proceeded with the selected alternative. Although the tribe was consulted with, the county did not take into account the concerns of the tribe and began work on the Environmental Impact Statement. ISSUES: Land Ownership Issues ISSUES IN CONTEXT: During review of the EIS, the local office of the FHWA stopped the project because of the lack of consensus on the proposed alternative. Although the county had already begun work on the project and its desired alternative, the FHWA identified the need to have all stakeholders in agreement as to the selected alternative, including the tribe affected by the project.

67 PRACTICES: Meetings, Investigation of Alternatives PRACTICES IMPLEMENTED: The FHWA became involved in the project to obtain the tribe’s opinion on the project and proposed alignment. The tribe expressed opposition to the proposed alignment and identified one of the county’s previously identified alternatives as more desirable. In order to resolve the disagreement as to the alignment that should be used, the FHWA met with the county, the DOT and the tribe. All parties discussed the alternatives and issues present. In this meeting, the tribe identified the alternative that was preferred and all other parties agreed on a new alternative. OUTCOME: The project is now underway and all stakeholders are in agreement on the proposed alignment. 20: Resource Sharing for Traffic Signal SOURCE: Interview SITUATION: In a Southwestern state, a need was identified for a signalized intersection of a state route and a tribal route. The department’s policy on signalized intersections is that the state will share the cost of the project with the local entities. The tribe involved in the project was not comfortable with its portion of the project cost, but recognized the need for the project. The parties involved then signed formal agreements to determine each party’s responsibilities on operation and main- tenance of the signal. ISSUES: Land Ownership, Funding ISSUES IN CONTEXT: Midway through the design of the intersection, it was determined that additional right-of-way beyond the original scope of work was required from the tribe. A larger turning radius than was originally planned was required. PRACTICES: Meetings, Tribal Liaisons and Coordinators, Formal Agreements, Resource Sharing, Investi- gation of Alternatives PRACTICES IMPLEMENTED: In order to discuss right-of-way issues, the state worked with the tribe through the tribe’s tech- nical transportation staff. State personnel, including the project manager for the intersection project, conducted in-person meetings with the tribe and technical staff regarding these issues. During right-of-way meetings and discussions, all parties established a common understanding that, regardless of the interests involved, the project in question was needed for safety. The tribe recognized the state’s need to install the traffic signal. Tribal technical staff then became involved in the review process for the project. Throughout the duration of right-of-way negotiations, the state project manager researched funding alternatives to alleviate some of the financial burden on the tribes. In researching alternatives, the project manager studied crash data for the existing intersection in question and was able to identify alternative funding allotted for safety improve- ment projects. This additional money made the project possible and was a large incentive for the tribe to allow the additional right-of-way needed by the state. OUTCOME: The state constructed the project successfully and on time. In order to define each party’s responsibilities for the operation and maintenance of the road, all parties entered into a formal agreement that the state and local government would maintain and operate the signal. Success

68 was attributed in this case to state personnel and tribal technical staff working closely together throughout the project as well as the state’s ability to identify alternative funding for the project. 21: Coordination between a Tribe and a Metropolitan Planning Organization SOURCE: Adapted from U.S. Department of Transportation, Federal Highway Administration: http://www.fhwa.dot.gov/hep/tribaltrans/ttpcs/maine.htm. SITUATION: Penobscot Nation (population 2,129) largely resides on Indian Island on the Penobscot River in Eastern Maine. Their homeland covers approximately one-third of the area that is now the State of Maine. Today, the Penobscot Nation’s landholdings consist of approximately 150,000 acres in numerous parcels throughout the state. The Bangor Area Comprehensive Transportation System (BACTS) is the metropolitan plan- ning organization (MPO) for the Bangor metropolitan area. Housed within the Eastern Maine Development Corporation (EMDC), BACTS is governed by a policy committee and a technical committee. The primary goal of the BACTS policy and technical committees is to provide for the safe, economical, efficient, effective and convenient movement of people and goods over a multimodal transportation system compatible with the socioeconomic and environmental char- acteristics of the region. BACTS primarily assists the Penobscot Nation by providing technical assistance through activities such as traffic counting. BACTS also operates a bus system that runs in the proximity of Indian Island. In 1999, EMDC worked with the Penobscot Nation to examine the tribe’s road and transportation systems. At that time, EMDC inventoried the roads and condition of roads, and made suggestions for the development of bicycle and pedestrian facilities. However, since no roads on Penobscot Nation land are classified above a local road, few opportunities have arisen for BACTS to become directly engaged in projects on tribal lands. ISSUES: Land Ownership, Sovereignty ISSUES IN CONTEXT: The Penobscot Nation’s current landholdings have been significantly diminished from the area of their homeland. Tribes are often hesitant to participate in an MPO due to concerns about tribal sovereignty. However, the Penobscot Nation lacks a transportation planner, leading to a need for technical assistance on some projects. PRACTICES: Meetings, Workshops, Resource Sharing, Emergency Preparedness Planning PRACTICES IMPLEMENTED: • The policy and technical committees organized by BACTS meet separately every other month, in addition to more issue-specific meetings held at other times. Since 2000, the Penobscot Nation has regularly participated in these meetings. • The policy and technical committees develop the draft Transportation Improvement Plan (TIP). The Penobscot Nation participates as a full voting member representing the Penob- scot Nation. • Through the Penobscot Nation’s relationship with BACTS staff, the tribe’s prior experience with EMDC, and with FHWA’s encouragement, members of the Penobscot Nation became involved with BACTS on policy and planning issues and joined its policy and technical com- mittees. • The tribe corresponds regularly with FHWA and BACTS regarding ongoing training and workshop opportunities, and has found it helpful to know who to contact when issues arise.

69 Maine DOT’s Local Technical Assistance Program assists the tribe by providing informa- tion on issues such as snow and ice training for roads. This training has improved the tribe’s capacity to control snow and ice on roads and prepare for winter storms. OUTCOME: The coordination efforts have helped increase MPO staff understanding of tribal transportation needs and improved the relationship between BACTS and the Penobscot Nation. In addition, members of the Penobscot Nation have found it valuable to be involved with the BACTS policy and technical committees and to have a vote on issues that affect the entire region. While the proj- ects discussed at the BACTS meetings generally are not located directly on the Penobscot reserva- tion, the tribe has a vote on projects involving the surrounding community, which also affect the tribe. In addition, members of the tribe can easily obtain information and share concerns by partic- ipating in these meetings and using the resources provided at the meetings. Increased coordination also allows the Penobscot Nation to take advantage of negotiated bulk purchasing for road mainte- nance. Knowledge sharing and capacity building occurs formally through the policy and technical committee meetings and informally through project tours and discussions. 22: Programmatic Agreement for Tribal Consultation (PA) in North Dakota SOURCE: Adapted from “In Their Own Light; A Case Study In Effective Tribal Consultation” by Stephanie Stoermer of the Environment Technical Services Team, FHWA Resource Center SITUATION: The North Dakota DOT (NDDOT) and the FHWA North Dakota Division in consultation with numerous tribes developed and implemented a collaborative programmatic approach to tribal consultation. While considering NDDOT transportation project delivery needs, this approach fully addresses tribal concerns about cultural resources that could be affected by NDDOT projects. Section 106 of the National Historic Preservation Act (NHPA) of 1966 set forth a review process that seeks to balance historic preservation concerns with the needs of federal undertak- ings by requiring consultation among the agency officials and other parties with an interest in the effects of the respective undertaking on historic properties. Amendments to the NHPA in the late 1980s and early 1990s recognized and expanded the role of Indian Tribes, Alaska Natives and Native Hawaiian Organizations (NHOs) in the Section 106 review process. When the regulations implementing Section 106 (36 CFR 800, Protection of Historic Proper- ties) were revised to clarify the role of Indian Tribes, Alaska Natives, and NHOs, a provision was included that encourages federal agencies to enter into agreements with Indian Tribes and NHOs that would specify how they would implement responsibilities under the revised regulations. These agreements can address all aspects of a tribe’s or NHO’s participation and can provide for additional rights or concurrence in agency decisions in the Section 106 review process. Nearly a decade passed between the 1992 NHPA amendments and the promulgation of the final version of the implementing regulations. Understanding the who, when, where, and pre- cisely how to conduct meaningful consultation was problematic at best during this period. ISSUES: Cultural Competency, Protection of Tribal Sensitive Resources, Confidentiality of Tribal Sen- sitive Matters, Funding Issues ISSUES IN CONTEXT: Despite the long-standing federal mandate requiring government-to-government consulta- tion with tribes and evolving federal policies, many federal agencies had little or no experience with tribal consultation nor did they have formal tribal consultation procedures in place. Even when federal agencies were successful in their attempts to identify and consult with the appro- priate tribe or tribes, many tribal governments’ limited resources were often overextended—not

70 only by requests for consultation but by increasing demands from individual or even multiple agencies for information regarding traditional religious and cultural properties. Differing com- munication styles and cultural perceptions, as well as tribal concerns about the release of confi- dential information to the public regarding these sensitive properties, made building mutual trust and establishing long-term relationships difficult. PRACTICES: Formal Agreements, Meetings, Data Collection, Analysis & Distribution, Resource Sharing, DOT Handbook PRACTICES IMPLEMENTED: Using a proactive approach to developing, executing and implementing an agreement document with multiple tribes, NDDOT and the FHWA North Dakota Division, in active collaboration with tribes in North Dakota, South Dakota, Montana and Minnesota, tailored the consultation process to meet the needs of all the consulting parties. The resulting Section 106 Programmatic Agreement for Tribal Consultation in North Dakota (PA) takes the intent of the law to heart and gives tribal people a seat at the table in consideration of cultural resources that may be affected by transporta- tion projects. • Following the 1992 NHPA amendments, NNDOT’s cultural resource personnel traveled to the reservations within North Dakota to meet with tribal leaders, building trust and forging personal and professional relationships that would lay the foundation for future consultation efforts. • Individual consultation took place with 11 tribes from eight reservations on a project-by- project basis. NDDOT representatives visited each reservation, provided documentation, dis- cussed the issues and then summarized the discussions on a consultation form that all signed. NDDOT would then follow-up according to the terms of the respective signed agreement. • Once relationships with tribal representatives were firmly established, NDDOT recognized the need to formalize the process according to the needs of the respective tribes. • The idea to work together as a group came from the consulting tribes, who felt that with their varying expertise they were stronger and more effective when functioning together. Taking a collaborative approach to consultation would also reduce the demands on their time. NDDOT and FHWA encouraged this approach since it supports mutually beneficial goals and could lead to more predictable outcomes. • A prototype agreement document was developed only after NDDOT had consulted with the appropriate tribal representatives on each of the eight reservations as to what each envi- sioned in terms of effective consultation. Under the terms of the final Programmatic Agreement: • A Tribal Consultation Committee (TCC) was established, composed of representatives from each consulting tribe, NDDOT and FHWA. The TCC agreed to meet at least twice a year to discuss projects and policy with regard to NHPA compliance. • To facilitate the TCC discussions, NDDOT provides a packet of information summarizing upcoming projects prior to a scheduled meeting. • Provisions for onsite consultation provide flexible guidelines for TCC participation and encourage tribal elders, or other individuals identified by the TCC who have specific knowl- edge of the area, project or resource, to attend additional onsite meetings. • NDDOT continues to meet with the consulting tribes individually at each committee mem- bers’ individual offices at least once per year and will continue to consult with the tribes or committee members who are identified at the meetings as contacts for further consultation in regard to a specific project, resource or issue. NDDOT continues individual consulta- tion with any tribe that does not become a party to the PA. • Access to the current Statewide Transportation Improvement Program (STIP) is provided to the TCC so that the tribes’ cultural resource personnel receive advance notification of

71 the nature, scope and location of future projects. This gives the TCC the opportunity to review projects well in advance of project development. • The PA incorporates measures to ensure that spiritual and cultural information that is iden- tified as sensitive remains confidential and protected from public disclosure upon request. • FHWA, NDDOT and the consulting tribes agreed to commit time, provide opportunities and personnel, and seek funding for cross-training related to tribal and transportation cul- tural resource issues. The goals of such cross-training include improving relationships, broadening understanding of cultures and perspectives and building trust. • NDDOT also developed a Cultural Heritage Manual, which addresses cultural differences that can be a deterrent to coming to an agreement or achieving consensus. The manual is designed to incorporate modifications as needed to expedite the consultation process. • NDDOT hosts the TCC meetings and covers the travel expenses for up to two representa- tives from each participating reservation. This long-term commitment fosters continued involvement of tribal representatives who might not otherwise be able to participate. The agreement places emphasis on jointly developed avoidance measures for important cul- tural resources as the primary option. However, if avoidance is impossible or impractical—given other concerns of equal importance—NDDOT and FHWA are committed to working with the tribes for an appropriate and respectful resolution of any unavoidable effects. OUTCOME: The PA is sensitive to tribal concerns and recognizes the inherent rights of the consulting tribes to retain and preserve those places that they value. It also affirms the joint commitment of NDDOT, FHWA and the consulting tribes to establish and sustain a relationship of mutual trust and respect through open communication and collaborative problem solving. The PA encour- ages early involvement of the consulting tribes in project planning by providing them with the opportunity to review projects well in advance of project development. The PA looks beyond project-specific consultation and provides a solid framework for estab- lishing and achieving common goals. Foremost among these goals is building and maintaining relationships through open communication in a culturally sensitive setting. The steps involved in developing and implementing a programmatic agreement of this nature should be viewed as part of a continuum that begins by building relationships, sharing knowledge and then pro- gresses to ongoing collaboration in an atmosphere of mutual respect and trust. 23: Building Technical Capacity for Tribal Consultation and Communication SOURCE: Adapted from U.S. Department of Transportation, Federal Highway Administration: http://www.fhwa.dot.gov/hep/tribaltrans/ttpcs/arizona.htm. SITUATION: Arizona has the third largest Native American population in the United States, following Cal- ifornia and Oklahoma. There are 22 federally recognized tribes in the state, which comprise approximately five percent of the total state population. Tribal lands are located throughout the state, and Native Americans can be found in all fifteen Arizona counties. Founded in 1952, and established as a private, non-profit corporation in 1975, the Inter Tribal Council of Arizona, Inc. (ITCA) provides independent analysis, information, and advocacy vital to Native American community self-development. The goal of ITCA and its commitment to its 199 member tribes is to ensure the self-determination of tribal governments through participa- 9Though there are 22 federally recognized tribes in Arizona, two tribes, the San Juan Southern Paiute and the Pueblo of Zuni, are not involved in transportation planning in Arizona. The San Juan Southern Paiute Tribe does not currently have a reservation land base, and the Pueblo of Zuni Tribe is headquartered in New Mexico. The Navajo Nation, through its Division of Transporta- tion, works directly with ADOT and FHWA, separate from ITCA.

72 tion in the development of the policies and programs that affect their lives. Membership consists of elected officials from each tribe. ISSUES: Cultural Competency, Land Ownership, Funding ISSUES IN CONTEXT: The numerous tribes involved are characterized by extreme differences in both tribal land holdings and population. By building the technical capacity of state transportation planners and tribal members, Arizona Department of Transportation (ADOT) and ITCA have been able to undertake effective consultations within the transportation planning process. PRACTICES: Regional Conferences, Meetings, Presentations, Tribal Liaisons & Coordinator, Standards and Handbooks, Newsletters PRACTICES IMPLEMENTED: Arizona’s consultation efforts have been shaped by ongoing technical “capacity building” activ- ities being undertaken both by ADOT and by tribal communities through ITCA. Both organiza- tions are undertaking efforts to build planners’ awareness of state and tribal opportunities for coordination and the processes for effective partnerships. Key mechanisms have been the devel- opment of dedicated staff positions within ADOT to focus on tribal transportation issues and the development of an ITCA Transportation Working Group to share information among staff. • Since 1999, ADOT has established highly visible tribal liaison positions in several sections of the department that interact frequently with tribal governments. The ADOT tribal liaisons created the Arizona Tribal Strategic Partnering Team (ATSPT) as a body commit- ted to improving the efficiency and outcomes of tribal consultation in the state through internal changes at the department headquarters. • In 2002 and 2003, the ATPST held a series of three State-Tribal Transportation Forums in the north, south and western regions of the state in order to stimulate dialogue between people working on various transportation processes in Arizona. Proceedings from each forum were prepared and distributed to all the participants. • The ATPST is working on developing a partnership training guide, a statewide tribal con- sultation policy and a transportation resource guidebook to assist tribal planners and lead- ership in identifying additional opportunities for involvement with the state. • ITCA recognized the key role that transportation plays in connecting tribal members and non-members alike. Consequently, ITCA created an intertribal Transportation Working Group in 1998, and hired a dedicated transportation coordinator to oversee the group. • The ITCA Transportation Working Group holds meetings in Phoenix on a quarterly basis to maximize participation by tribes and federal and state agency guests. • The group also holds special meetings at reservations when requested by a particular tribe. Each of the 19 ITCA member tribes has a designated liaison to attend the working group meetings and report information to its tribal council and planning staff. In addition, the working group coordinator prepares meeting summaries and newsletters that are sent to each tribal government and its liaison. This has been a very effective way to provide information to transportation planners at small tribes where travel costs and resources are often issues. • The working group coordinator organizes each working group meeting and acts as a facil- itator, in addition to delivering presentations on current issues and inviting guest speakers to present. Regular guest attendees from ADOT, FHWA and BIA usually provide status updates on agency issues or respond to questions raised at earlier meetings. OUTCOME: Tribal consultation in Arizona has been streamlined due to the efforts of the ITCA Transporta- tion Working Group and the ADOT Tribal Strategic Partnering Team. The working relationships

73 developed through these technical capacity building efforts have yielded tangible results. Statewide planning processes now emphasize early and ongoing tribal involvement, as demon- strated by the active involvement of tribal members and planners in the most recent update to the statewide Long Range Transportation Plan. In addition, tribes have learned about opportu- nities for technical assistance and funding from the state. 24: Development of a Regional Transit District SOURCE: Adapted from U.S. Department of Transportation, Federal Highway Administration: http://www.fhwa.dot.gov/hep/tribaltrans/ttpcs/newmexico.htm SITUATION: The North Central region of New Mexico is one of the most diverse in the state, characterized by stark economic and demographic contrasts. Within the Native American community, the pueblos are located in close proximity to two relatively major urban areas, Santa Fe and Espanola. Traffic congestion stemming from dispersed commercial, research and residential areas has cre- ated a demand for transportation services far exceeding that of other comparably rural areas of New Mexico. In 1996 the New Mexico Department of Transportation (NMDOT) assessed an improvement project to the US 84/US 285 corridor to relieve traffic congestion in the area between Santa Fe and Espanola. The three tribes in the region found road widening to be an unacceptable element in each of the proposed alternatives because it would require additional right-of-way from the pueblos. Tribal leaders lobbied NMDOT to study alternative transportation demand management (TDM) measures. The FHWA conducted a major investment study of the corridor. The Alter- natives Analysis Report concluded that widening could be deferred through establishment of a park and ride system and other TDM measures. This collaborative process not only saved the NMDOT more than $1-million in construction costs compared to the widening alternatives, but provided the tribes with more mobility options and access to additional economic development opportunities in the region. Momentum gained through the highway improvement project and park and ride system proved to be important factors in the successful development of the North Central Regional Transit District (NCRTD). In March 2003, a Regional Transportation District (RTD) Act was signed into law, allowing for the creation of RTDs across the state. The NMDOT Research Bureau provided funding to the Alliance for Transportation Research Institute (ATRI) at the University of New Mexico to develop a NCRTD case study and model for district development that could be used by other RTDs developing across the state. ISSUES: Land Ownership, Sovereignty, Funding Issues ISSUES IN CONTEXT: The NCRTD is a regional transit planning organization that was planned and structured with involvement of representatives of all five of the Indian pueblos in the region and includes repre- sentatives from each of the Board of Directors. PRACTICES: Investigation of Alternatives, Public Involvement, Regional Transit Districts, Tribal Modera- tors, Presentations, Meetings, Planning Organizations PRACTICES IMPLEMENTED: • An NCRTD Organizing Committee was convened to proceed with the membership process and bylaws first. Public meetings were held within each members’ jurisdiction to explain the benefits of an RTD and obtain written commitments signed by member governments.

74 Attention did not turn to the service plan until the organization had been defined to the satisfaction of all members and the district had been certified by the state. • A “Voting Strength Analysis for NCRTD Members” was conducted using various method- ologies and published on the RTD website for distribution among stakeholders. The analy- sis resulted in a weighted voting formula that lowers the relative voting strength of the larger members while providing the pueblos an equitable share. • The Board of Directors also plans to amend the NCRTD bylaws to formalize the require- ment that either the Chairman or Vice Chair of the Board come from a pueblo, with the other position to be filled by a non-pueblo member. • Throughout the organizing process, ATRI and the Regional Development Corporation acted as facilitators by coordinating representatives’ input and presentations at committee meetings, investigating funding sources and conducting a voting analysis. Their unbiased involvement helped develop trust among members and avoid historical differences. • Each NCRTD member signed a binding Member Contract tailored to its circumstances and financial commitments. Flexibility is provided in the resolution process to allow member pueblos time to analyze decisions and additional time to pass tribal resolutions on matters before voting. • NCRTD holds regular monthly meetings to develop its service plan and explore funding options and other activities. Meetings rotate among member locations. The Eight North- ern Pueblos Regional Planning Organization (RPO) sends a representative who has served as a technical resource for the RTD. NMDOT and FHWA also attend and have been helpful in suggesting potential funding sources and making NCRTD transit proposals a priority. OUTCOME: Structuring tribal involvement into the RTD organization enables tribes and other govern- mental entities to collaborate on transportation planning in an ongoing way. The NCRTD con- tinues to benefit from taking a regional approach to transit, offering the most efficient service possible to the region’s residents. Tribal leaders recognize the NCRTD’s potential to deliver eco- nomic and community benefits. 25: Tribal Consortium Enhances Tribal/State Coordination Efforts SOURCE: Adapted from U.S. Department of Transportation, Federal Highway Administration: http://www.fhwa.dot.gov/hep/tribaltrans/ttpcs/california.htm SITUATION: There are 108 federally recognized Native American tribes located in California and 17 Native American reservations in San Diego County alone – more than any other county in the United States. Many of these reservations, however, are very small and have limited staff and resources for transportation planning. Although tribal territories require relatively little transportation planning on the reservations, tribal economic development efforts have intensified tribes’ use of the regional transportation infrastructure. ISSUES: Protection/Preservation of Tribal Sensitive Resources, Sovereignty, Land Ownership, Fund- ing Issues ISSUES IN CONTEXT: In Southern California, Native American tribes, the California Department of Transporta- tion (Caltrans) and the San Diego Association of Governments (SANDAG) are taking an active approach to building relationships and improving coordination in transportation planning.

75 PRACTICES: Tribal Liaisons, Training, Resource Sharing, Planning Organization, Meetings, Workshops/ Summits PRACTICES IMPLEMENTED: • Caltrans has developed a statewide framework for consulting with tribes and involving them in transportation planning at the state- and metropolitan-area level. This framework includes the formation of a Caltrans Native American Advisory Committee (NAAC), and the creation of guidelines for consultation with tribes in all transportation planning processes in the state. • Caltrans has established a tribal liaison office that provides tribal consultation training to Caltrans staff and training to tribes on BIA and state requirements. • Tribes in southern California have worked together to develop the Reservation Trans- portation Authority (RTA) to more effectively represent the interests of tribes in this region in working with the state. As of 2001, the RTA had 24 member tribes and has been very useful in bringing together the interests of diverse tribes and enabling them to pool resources to address common transportation goals. The organization also serves as a focal point for sharing information and a mechanism for improved communication between the tribes and Caltrans. • Although Caltrans and other planning agencies are still required to hold consultations with each tribe, tribes that joined the RTA included in their bylaws that RTA would be given cer- tain powers of authority to negotiate on behalf of tribes that belong to the consortium. The RTA has also become a venue for Caltrans staff to provide resources to help address tribal transportation planning issues. • The Caltrans District 11 office and SANDAG regularly communicate with tribes through informal and formal meetings and conversations. Caltrans and SANDAG also have created an interagency ad-hoc planning group, which is attended by representatives from RTA and Native American liaisons for Caltrans, SANDAG and San Diego County. Additionally, the elected officials of SANDAG have been pursuing government-to-government relations with tribal nations in the region through its Borders Committee. The Borders Committee discusses policy issues related to trans-boundary planning issues from interregional, bi- national and tribal perspectives. • Caltrans has worked with SANDAG to survey all of the tribes in San Diego County on their transportation needs and issues. The survey was completed in person and the results will be used as the basis for government-to-government dialogue and the inclusion of tribal concerns in various transportation planning documents, including the Regional Trans- portation Plan (RTP). Caltrans will bring the results of the survey back to the tribes and convene a technical workshop among tribal representatives and transportation managers from local and regional transportation staff to discuss potential issues and action items. Together, tribal and agency transportation staff will analyze the results and develop possi- ble policy recommendations that will form the basis of discussions between elected tribal leaders and the SANDAG Board of Directors at a summit. OUTCOME: Increased and earlier involvement in the transportation planning process helps tribes play a more meaningful role in shaping project decisions and in developing projects that are more sensitive to the context of their lands and tribal transportation needs. Consortia such as RTA bring together the interests of diverse tribes and help pool resources to improve tribal trans- portation planning activities and coordination with other agencies. The benefits of this approach were exemplified by the coordination of a corridor study that was conducted coop- eratively by the RTA and Caltrans District 11 in San Diego County to examine growth patterns of the tribes, provide an in-depth look at development along the route and aid in long-term planning for the area.

76 26: State/Tribal Planning Coordination Meetings Achieve Results SOURCE: Adapted from U.S. Department of Transportation, Federal Highway Administration: http://www.fhwa.dot.gov/hep/tribaltrans/ttpcs/southdakota.htm SITUATION: Native Americans comprise approximately 9 percent of the total population of South Dakota, and enrolled members are located throughout the state. There are nine federally recognized Native American tribes located in mostly rural regions; none fall within the boundaries of des- ignated South Dakota Metropolitan Planning Organizations (MPOs). Though tribal members are involved in MPO planning processes, coordination on improvements to state highways located on tribal lands is captured through the statewide planning process. Transportation needs on reservations are addressed through the Indian Reservation Roads Transportation Improvement Program (IRR TIP) planning process. At the same time, the state’s transportation agency conducts a similar planning process to develop the State Transportation Improvement Program (STIP). ISSUES: Protection/Preservation of Tribal Sensitive Resources, Sovereignty, Funding Issues ISSUES IN CONTEXT: Funding, design, construction and planning for projects within IRR TIP and STIP were tra- ditionally done separately. The South Dakota Department of Transportation (SDDOT) held the first tribal coordination meeting in 1991, and the meetings have since evolved into a vital link between tribal and state transportation planners. PRACTICES: Meetings, Public Involvement, Presentations, Sharing Resources, Grants for Funding PRACTICES IMPLEMENTED: • Tribal leaders and transportation planners are alerted to the dates and locations for five public input meetings throughout the state. • The STIP annual planning meeting is held each year in Pierre, SD, and includes represen- tatives from each of the tribes, BIA, FHWA and SDDOT. SDDOT presents information on projects that are included in the current year’s STIP. Then, the BIA representative and tribes present information on IRR projects they expect to be completed during the year. Lastly, participants identify projects where schedule coordination could support the use of shared resources or minimize road disruption. • Through relationships fostered at the annual meeting, transportation planning has resulted in better outcomes for the state and tribes. • The Lower Brule Sioux Tribe and SDDOT coordinated to improve SD 1806, which trav- erses tribal lands. The transportation planner from the Lower Brule Sioux Tribe was involved in the state project from the onset, through meeting mailings and phone contact, and receives frequent project status updates. The tribe was concerned about the level of funding proposed for the project and provided state officials with a proposal to use a “For- ward Funding” system for the project, which would allow the tribe to pay for additional enhancements in coordination with the state’s construction project. • The SD 63 highway serves as a major connector through the Standing Rock Sioux reserva- tion, and the tribe determined safety enhancements were necessary. The tribe approached SDDOT and FHWA officials at an annual STIP meeting with their concerns and asked that the state study the feasibility of improvements. SDDOT added the highway to the STIP as a priority project and then worked with the tribe to conduct the desired improvements uti- lizing funding that would otherwise have been unavailable. Effigies were discovered dur- ing the environmental review prior to construction. Through a cooperative agreement

77 between the BIA and SDDOT, the tribe conducted the cultural resource survey for the proj- ect. The right-of-way was cleared of artifacts, while respecting the dignity and land owner- ship of the Standing Rock Sioux Tribe. • The Lower Brule Sioux Tribe approached SDDOT about developing a Native American Scenic Byway to follow the Missouri River. The proposed route needed improvements, and SDDOT received $8.5-million of Public Lands Highways (PLH) discretionary grant funds, which were combined with state funds and IRR funds to grade and asphalt surface both roads. The route was officially designated the first section of Native American Scenic Byway in 1996 and a National Scenic Byway in 1998. A byway steering committee, composed of multi-agency partners and individual tribal participants, works to present visitors with cul- turally sensitive facilities and attractions showcasing tribal culture and history. OUTCOME: At least 12 projects in the past 10 years have been accomplished through coordination among local governments, SDDOT and tribal leadership. This project coordination saves both the state and the tribes up to $500,000 per project. The annual meetings build on past coordination suc- cesses at the project level to provide a forum to address emerging issues and to identify new means for collaboration at the long-range planning level. 27: Partnership between Tribes and an MPO SOURCE: Adapted from U.S. Department of Transportation, Federal Highway Administration: http://www.fhwa.dot.gov/hep/tribaltrans/ttpcs/washington.htm SITUATION: Located in western Washington State, Thurston County has a population of more than 224,000 people and includes two tribes, the Nisqually Indian Tribe and the Confederated Tribes of the Chehalis Reservation. The Thurston Regional Planning Council (TRPC) is an intergov- ernmental board comprised of representatives from local government jurisdictions within Thurston County and these two tribes. TRPC serves as both the federally designated MPO and the state-designated regional transportation planning organization (RTPO). In 2000, the county’s transit agency, Intercity Transit, experienced a major reduction in rev- enue, which prompted them to significantly reduce transportation service and the service boundary. Through collaboration between the tribes and TRPC, transportation service was suc- cessfully funded through roughly equal parts of state rural mobility and Federal Job Access and Reverse Commute sources. The experience of restoring transportation service in the rural county laid an important foundation for both tribes to become more actively involved with TRPC. ISSUES: Funding Issues, Sovereignty ISSUES IN CONTEXT: The cooperative efforts made between TRPC and the two tribes have resulted in improved vis- ibility of tribal needs in the county, improved regional coordination of projects, more complete data and an awareness of other common regional transportation needs. PRACTICES: Data Collection and Analysis, Meetings, Trainings, Grants for Funding PRACTICES IMPLEMENTED: • As members of TRPC, both tribes attend the council’s monthly meetings, and each has a full vote on the council. • The Chehalis Tribe was very involved in the development of the most recent Regional Trans- portation Plan (RTP). The Chehalis Tribe also was involved in the “Vision Reality Disconnect” project that looked at whether growth management policies were working as envisioned.

78 • TRPC now requires key staff members to attend the government-to-government training program offered by Washington State’s Governor’s Office of Indian Affairs, which covers cultural awareness and history. • The Nisqually Indian Tribe transportation planner currently attends up to eight meetings a month at TRPC, representing the tribe on a range of issues. • TRPC is also working toward formalizing a government-to-government policy with each tribe. • Tribes contract with TRPC directly and indirectly through grants received from the state and other sources to conduct specific projects. The Confederated Tribes of the Chehalis Reservation contracted with TRPC to prepare the update of the Chehalis Reservation Transportation Plan. The Nisqually Tribe recently hired a planner to begin developing its first-ever comprehensive community plan and is working with TRPC to write their first long-range transportation plan, which will also incorporate a trails plan. • The tribes and TRPC have worked to ensure that the reservations are consistently shown on all mapping products produced by TRPC. As a result of increased participation, the level of data available about the tribes in the TRPC’s annual statistical report, The Profile, has increased substantially. • TRPC also produces a Population and Employment Forecast, which is used extensively for planning purposes in the region. Due to tribal participation in TRPC’s Forecast Stakehold- ers group, data from the two reservations will be included in the forecast for the first time and will be used to update the region’s land use analysis through the Buildable Lands Program. • TRPC has set aside an allocation of their Federal Surface Transportation Program (STP) funds, called the Rural Community Support Program (RCSP), for the tribes and smaller rural communities who will have the opportunity to apply for those funds without com- peting against the larger jurisdictions that have more grant-writing staff resources. • TRPC assisted the Nisqually Tribe with the examination of their non-motorized trans- portation needs and helped to ensure previously allocated grant funding was not rescinded by the Washington State Department of Transportation (WSDOT). Subsequently, in 2005, the Nisqually Pathway was dedicated as part of the trails system. • One-on-one interviews, in some cases, provided more complete information than other transportation survey methods. Face-to-face meetings generally are more successful in establishing the tribes’ trust. OUTCOME: Tribal involvement in a metropolitan planning organization can yield tangible results and benefits to the tribe in terms of influence on planning studies and projects that directly address tribal transportation needs. Additionally, support from the political strata, such as is represented by TRPC members, can ensure that tribal needs and concerns are heard. 28: Public Involvement Prompts Creative Solutions SOURCE: “The Road to Better Transportation Projects: Public Involvement and the Nepa Process” SITUATION: US-93, north of Missoula in western Montana, faces increased congestion from traffic heading toward Glacier National Park. The Montana Department of Transportation (MTDOT) proposed to take a 56-mile, two-lane segment of Route 93 and change it into a five-lane, undivided highway. This segment runs through the unique cultural landscape of the Flathead Indian Reservation, including territory in the heart of the Rocky Mountain ecosystem and the Ninepipe Wetlands Area, an ecosystem with thousands of kettle ponds supporting unique and fragile species of wildlife. Under NEPA’s rules, the Confederated Salish and Kootenai tribal government and grassroots cit- izen groups such as Flathead Resource Organization (FRO) were able to challenge MTDOT — first, on the validity of the initial Environmental Assessment (which evaluated only a seven-mile stretch of the 56-mile project) and later on the Environmental Impact Statement (EIS). Federal agencies are

79 required to make and evaluate EIS reports in order to determine the consequences of a proposed action, analyze action alternatives, and share the results with other agencies and the public. ISSUES: Protection/Preservation of Tribal Sensitive Resources, Land Ownership Issues ISSUES IN CONTEXT: By forcing the DOT to do an EIS, tribal members and citizens made the DOT develop creative solutions and consider alternatives for the highway, which could affect safety, environmental issues and lack of protection for tribal culture and family farms. PRACTICES: Investigation of Alternatives PRACTICES IMPLEMENTED: • A Federal Highway Administration decision stipulating that the tribes and the Montana Department of Transportation must agree on the project design prompted them to hire landscape architect Jim Sipes of Jones & Jones (a firm based out of Seattle, Washington). • Sipes helped create a final design agreed to by all government entities involved. Sipes’ design addressed safety, environmental and cultural concerns about sprawl. • Slow curves in the roadway are planned along the most scenic areas of the route to discour- age speeding and follow the contour of the land. • One mile of the highway will be relocated around the Ninepipe Wetlands area. • Additionally, an unprecedented 42 wildlife crossings and wildlife fencing will be added at the request of the tribes to reduce harm to area wildlife. • Amanda Hardy, a research ecologist at the Western Transportation Institute at Montana State University, was involved with the design and evaluation of the wildlife crossings. She said NEPA allowed “the public and agencies an opportunity to comment” so alternatives like these could be pursued. OUTCOME: “US-93 became a project dramatically different than what the DOT had ever done,” said Sipes. “NEPA gave us more weight so our voices could be heard — without it, US 93 would have been a standard four-lane highway with destructive impacts to the community,” he added. 29: Operations for the Minnesota Office of the State Archaeologist SOURCE: “Annual Report, Fiscal Year 1999,” Dudzik, M., State Archaeologist, Office of the State Archaeologist, Minnesota, http://www.leg.state.mn.us/docs/2009/mandated/090548.pdf SITUATION: The story of Minnesota’s past spans thousands of years, from a time when the area’s first peo- ples hunted elephants along the margins of continental glaciers, through the historic period of logging, farming and milling. This fascinating story continues to this day. The State of Minnesota has supported efforts to identify, protect and interpret its archaeolog- ical resources for more than 100 years. Beginning with surveys to identify American Indian earth- works and campsites in the late 1800s, this involvement continues today as an element of both private and public construction processes. ISSUES: Protection/Preservation of Tribal Sensitive Resources ISSUES IN CONTEXT: The mission of the Office of the State Archaeologist (OSA) is to foster, among its diverse pub- lic, an appreciation of the state’s archaeological resources through research, stewardship and

80 education; to provide quality technical information, support and service to individuals and agen- cies; and to promote, among archaeologists, the very highest standards of professional conduct. PRACTICES: Presentations, Public Involvement, Regional or State Level Conferences, Investigation of Alternatives, and Data Collection, Analysis and Distribution PRACTICES IMPLEMENTED: • In January 1998, the OSA presented an innovative proposal to the Native American Graves Protection Act (NAGPRA) Review Committee, National Park Service, in Washington, DC (Dudzik 1998). This proposal described a model for repatriating Minnesota’s “culturally unidentifiable” Native American remains and associated grave goods to the tribal commu- nities presently residing in the geographic areas from which the remains and materials orig- inated (cf. National Park Service 1998). In November 1998, the Review Committee advised the OSA that it had endorsed the proposed model, which established a national precedent for repatriation efforts (McManamon 1998). • The OSA provides interested groups and individuals with information about the State’s archaeological past and the process of archaeological research. Presentations to profes- sional, interagency and public audiences included: – Prehistoric Mortuary Practices in Minnesota: A Comprehensive Review of Excavated Sites – Visions in Stone: An Overview of Minnesota’s Rock Art – Case Study 21-HE-0064: the Role of the Office of the State Archaeologist – Cultural Resources in Minnesota and State Laws - “Protecting America’s Past – Archae- ological Resources Crime” – An Overview of Minnesota’s Archaeology and Minnesota Statute 307.08 - The Private Cemeteries Act – Culture through Artifacts – Burial Sites Preservation Program – A state-wide pre- and protohistoric mortuary practices and patterns study is also ongo- ing (per interagency agreement with the Minnesota Department of Transportation). – The development of an interactive website, which provides local governments/land managers direct access to burial site location information was anticipated for implemen- tation in 2000 (per interagency agreement with the Land Management Information Center, Minnesota Planning). – OSA, as Conference Chair, hosted the joint Plains and Midwest Archaeological Conference in November 2000 (per interagency agreement with the Office of Special Events Planning, DOER). • Planned activities also include: – Continuing research on the mortuary practices and patterns of prehistoric and proto- historic Indian peoples. – Publication of the article, Burial Practices and Patterns in Prehistoric Minnesota: A Comprehensive Review of Excavated Mound Sites, in a volume commemorating the 50th anniversary of Effigy Mounds National Monument. OUTCOME: This on-going research has already proven useful for anticipating, identifying and avoiding potential burial areas in advance of construction/development projects. Providing access to this information via the interactive website provides enhanced protection of these sensitive areas. 30: Tribal Consultation SOURCE: “Federally Recognized Ohio Tribes And FHWA-Ohio Division: Tribal Consultation April 12, 2005”

81 SITUATION: The FHWA Ohio Division, with assistance from the Ohio Department of Transportation (OHDOT) sponsored a workshop for Federally Recognized American Tribal Governments located in the State of Oklahoma and surrounding states that are recognized as having ancestral ties to Ohio. The workshop was intended to strengthen government-to-government relationships and streamline the coordination of Ohio transportation programs and projects with the tribal govern- ments in both Ohio and Oklahoma. The workshop was held in Tulsa, Oklahoma, on April 12, 2005. ISSUES: Cultural Competency, Protection/Preservation of Tribal Sensitive Resources, Sovereignty ISSUES IN CONTEXT: The workshop focused on streamlining the coordination process by establishing a mutually acceptable consultation process and exploring the development of written MOUs with the tribes. PRACTICES: Presentations, Summits/Workshops, DOT Standards and Handbooks, Formal Agreements PRACTICES IMPLEMENTED: • Each workshop attendee was presented with a workshop notebook of information com- piled by OHDOT and FHWA, consisting of pertinent federal and state regulations, con- tacts at agencies and tribes, maps, etc. • The workshop opened and closed with a prayer from a tribal representative, and included the following topics: – Introductions, Purpose, and Expectations – Overview of Section 106 Process – Overview of OHDOT’s Project Development Process (PDP) and organizational structure – Consultation Discussion • A goal of the workshop was to find out what information each tribe wants to receive, when they want to receive it, and how they want to receive it. A questionnaire was designed to deter- mine each tribe’s level of interest regarding certain project types, resource interests, etc, and was given to each tribe. The tribes were invited to provide any additional information on or attached to the questionnaire, and were informed that FHWA and OHDOT did not expect to receive the questionnaires back at the meeting; rather it was expected that each tribe would provide information later. • Another goal was to determine acceptability with the tribes of OHDOT continuing to man- age the administrative, project specific tasks on behalf of FHWA, given that OHDOT has the staff to do so. This in no way removes FHWA from its responsibility for government- to-government relations with the tribes, but OHDOT will provide project information directly to the tribes and FHWA staff contact. • The tribes requested that OHDOT staff build personal relationships with them by calling on the telephone or using email, which will help keep the contact lists updated. • The tribes in general preferred to maintain an informal agreement; therefore FHWA and OHDOT agreed not to pursue the development of a MOU at this time. • FHWA and OHDOT continue to consult with the tribes on all EA (Environmental Assess- ment) and EIS (Environmental Impact Statement) level major projects. FHWA and OHDOT also continue to consult with the tribes on minor projects where the roadway is on new location and when archaeology sites have been identified and found eligible for the National Register through consultation with the State Historic Preservation Office. Tribes requested that FHWA and OHDOT streamline paperwork and give them the bottom line. • Tribes requested that when finding human remains during construction, the first choice is to leave the remains in place; if they have to be moved, they should be buried as close as possible to where they were found, and findings should be documented and kept as con- fidential as possible.

82 OUTCOME: This workshop was a new beginning to building relationships with Indian Nations. The consul- tation process helped streamline the environmental process in Ohio and support FHWA’s “envi- ronmental streamlining initiatives.” Continuing to build relationships with each of the tribes will allow for more efficient, and, ultimately, more effective consultation. 31: Public Involvement Handbook SOURCE: Adapted from the Florida Department Of Transportation (FDOT) (http://www.dot. state.fl.us/planning/training/pitraining.shtm) and the Federal Highway Administration (http:// www.fhwa.dot.gov/safetealu/summary.htm) SITUATION: On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). Previously, the Intermodal Sur- face Transportation Efficiency Act (ISTEA) of 1991 required states and Metropolitan Planning Organizations (MPOs) to involve the public to a much greater extent in transportation decision- making than under previous law. When ISTEA expired in 1998, it was replaced by the Transportation Equity Act for the 21st Century (TEA-21), which continued to place strong emphasis on public involvement, including tribes. SAFETEA-LU retained all of the public involvement language from the previous acts and added new requirements, including the development of an MPO Public Participation Plan in consultation with interested parties, and the use of electronic methods and visualization tech- niques to provide information to the public. Recognizing the important role of public involvement in developing an efficient transporta- tion system where projects move forward smoothly, the Florida Department of Transportation (FDOT) developed the Public Involvement Handbook. This handbook provides specific tech- niques, ideas and examples to help FDOT project managers and engineers, consultants, MPOs, and other transportation partners fulfill both the letter and the spirit of FDOT’s public involve- ment policy. ISSUES: Sovereignty ISSUES IN CONTEXT: The FDOT Public Involvement Handbook provides techniques and methods for public involvement practitioners to encourage meaningful public participation in the development of a transportation system that meets the needs of Florida residents, visitors, and tribes. PRACTICES: DOT Standards and Handbooks, Public Involvement PRACTICES IMPLEMENTED: The Public Involvement Handbook includes the following content areas: • FDOT’s approach to public involvement and the legal foundation for this approach. • Introduction to the public involvement process to use in conjunction with sociocultural effects evaluations in the Efficient Transportation Decision Making (ETDM) process. • Assistance in coordinating a full public involvement program: creating public involvement goals and objectives, identifying the audiences, developing a set of general strategies, flesh- ing out the approach with specific techniques, documenting the results, and evaluating the entire outreach effort. • Steps taken to evaluate public involvement techniques, measures to quantify success rates, and strategies to improve the public involvement process.

83 • The three appendices contain: – Tools and Techniques - gathered from Public Involvement Techniques for Transpor- tation Decision Making, a collection of techniques developed by the Federal Highway Administration. – Glossary - A list of acronyms and glossary to assist the practitioner in defining and explaining complex transportation jargon in easily understandable language. – Resources - A listing of public involvement resources to highlight research efforts and offer ideas for complex projects requiring additional public involvement support. The handbook addresses public involvement from planning through Record of Decision. Later revisions will include Design, Right-of-Way, Construction and Maintenance. OUTCOME: Active public involvement leads to transportation improvements that meet community needs and desires, provide greater acceptance of projects, engender a sense of community and enhance agency credibility. Public involvement builds a credible and trusting relationship between the transportation agency and the community it serves through partnering, outreach, active listen- ing and two-way communication. Understanding the relationship between transportation deci- sions and the community will minimize conflict and help resolve potential problems. 32: Sociocultural Effects Evaluation Handbook SOURCE: Adapted from the Florida Department of Transportation (FDOT) (http://www.dot. state.fl.us/emo/pubs/sce/sce1.shtm) SITUATION: Beginning in the Mid 1990s, federal and state transportation agencies have refocused their efforts to involve communities when evaluating the sociocultural effects (SCE) of proposed transportation actions. These efforts include more extensive public involvement, better training and stricter adher- ence to regulations, instructional manuals, and other guidance for transportation professionals. SCE Evaluation is a proactive process to ensure that community values and concerns, includ- ing those of tribes, receive adequate attention during transportation development. The evalua- tion process is an integral part of project planning and development. The process focuses on a transportation project’s potential effects on social, economic, land use, mobility, aesthetic, and relocation issues. In addition, it provides that human values and concerns receive due attention. ISSUES: Cultural Competency, Protection/Preservation of Tribal Sensitive Resources, Sovereignty ISSUES IN CONTEXT: The SCE Evaluation process involves affected communities and citizens, as well as transporta- tion planners and decision-makers, to evaluate the potential effects of a transportation action on a community and the quality of life of the citizenry. PRACTICES: DOT Standards and Handbooks, Public Involvement, Investigation of Alternatives PRACTICES IMPLEMENTED: The SCE Evaluation Handbook provides guidance and assistance to the Florida Department of Transportation (FDOT) and all others involved in conducting SCE Evaluations. The hand- book describes the process of analyzing the potential sociocultural effects of a transportation action on a community, assessing the degree of effect this action may have, and determining if mitigation and/or avoidance measures are warranted. The Handbook is structured to identify the legal mandates supporting SCE Evaluation, enumer- ate the six sociocultural effects issues, and define the process of SCE Evaluation. The Handbook

84 explains the SCE Evaluation process and describes the process for study area identification within which to apply the SCE evaluations. Guidance is included to enable the collection, organization and assessment of data relative to the SCE Evaluation process, and to prepare a Community Char- acteristics Inventory. Methods are described to analyze the SCE issues and assess the degree of effect of a proposed transportation action on the community. Finally, techniques are suggested to resolve consequences of the transportation action in cooperation with the affected community. The six appendices contain: • Glossary - a list of words, phrases, and acronyms to assist in defining and explaining com- plex transportation jargon. • Legal Authority - federal statutes, regulations, policies, technical advisories, and executive orders relevant to transportation planning and project development. • Title VI/Civil Rights - guidance while performing the SCE evaluation in order to under- stand the implications of Title VI/Civil Rights issues. • SCE Considerations - a list of 54 considerations developed to provide a basis for address- ing social, economic, land use, mobility, aesthetic, and relocation issues. • Resources - applicable resources providing additional information for conducting thor- ough SCE evaluations. This section also includes guidance for suggested scope elements necessary to evaluate sociocultural effects in the planning and project development phases. • District Presentations - case study presentations that exemplify the role of public involve- ment and SCE Evaluation in the transportation process. OUTCOME: As FDOT continues to adapt and implement the SCE Evaluation process, project delivery and the quality of life of affected communities will be enhanced. 33: Intertribal Summit SOURCE: Adapted from “Proceedings of the FHWA Pennsylvania Division Intertribal Summit, September 10–12, 2003” and “Pennsylvania Transportation and Tribal Consultation Newslet- ter,” Issue 3: Winter/Spring 2005 SITUATION: Formal consultations with federally recognized Native American tribes under Section 106 of the National Historic Preservation Act (NHPA) are a significant undertaking and an important responsibility. The success or failure of those consultations can have dramatic effects on the efforts of a Federal Highway Administration State Division and its state-agency partners to suc- cessfully deliver transportation projects. The Pennsylvania Division of the Federal Highway Administration (PA-FHWA), in cooper- ation with the Pennsylvania Department of Transportation (PENNDOT), hosted its first-ever Intertribal Summit meeting on Section 106 issues September 10-12, 2003, in Harrisburg, PA. Previous tribal summits were conducted by Minnesota (2002, 2003), Idaho (2002), Iowa (2001), New Mexico (1999), and Washington (annually since 1994), and provided a basis for planning the Pennsylvania Summit. ISSUES: Protection/Preservation of Tribal Sensitive Resources, Confidentiality of Tribal Sensitive Matters, Sovereignty, Land Ownership Issues ISSUES IN CONTEXT: A tribal summit can help prepare the path federal agencies and federally recognized tribes must travel together, leading to effective and streamlined consultation, sound decision making, efficient project delivery, and solid stewardship of the past. PRACTICES: Presentations, Trainings, Regional/State Level Conferences, Meetings, Formal Agreements

85 PRACTICES IMPLEMENTED: Important goals identified for the intertribal summit were as follows: • Provide an opportunity to define and shape mutual concerns and interests, and identify opportunities to streamline and strengthen the consultative process early in its development. • Afford an important opportunity to cultivate the person-to-person relationships and trust between FHWA, transportation department management and staff, and tribal leaders and members that will facilitate effective and efficient consultation. • Afford the tribes an opportunity to familiarize themselves with the role of FHWA and with FHWA and transportation department procedures, and to help them identify and priori- tize the projects and processes that concern or interest them. Concurrently, the summit also allows FHWA and state DOT staff to familiarize themselves with individual tribal his- tories, organizations, concerns, staffing, procedures and priorities. • Provide a forum for an exchange of views and information about homelands, and help define a “road map” for curation and treatment of artifacts. Additional lessons learned from the summit included: • Funding - Familiarize yourself with applicable purchasing regulations and guidelines, and talk with your purchasing and fiscal staff to be certain that the specific goods and services needed can be procured with federal funds. • Planning - Establish goals and expectations for the summit that will help frame the pro- gram, e.g. establishing a Memorandum of Understanding (MOU), providing information, or facilitating introductions. Involve the tribes early in the planning process and maintain regular contact with them. • Developing the program – Events might include meetings, discussions, and field trips to nearby sites of significance to all of the invited tribes. • Venue – Select a venue consistent with the goals of the summit and conducive to a relaxed and productive exchange of information, views and suggestions. • Meals - Useful and important interaction can and does take place over meals. Shared meals also help to make visitors feel welcome and relaxed. • Caucuses and discussions – Use of a professional facilitator experienced with tribal sum- mits and both the Native American and transportation communities was effective. Allow opportunities for individual representatives to be heard, and clearly explain and define transportation terminology, acronyms, procedures and regulations. In response to requests received during the Summit, the PA-FHWA and PENNDOT met with eight of the federally-recognized tribes involved in Pennsylvania Section 106 consultation in their own states. The purpose of these meetings was to continue learning about each other and to strengthen the relationships between them. Discussions focused on how to better streamline the current Section 106 tribal consultation process to work more effectively. OUTCOME: Since the Intertribal Summit, PA-FHWA and PENNDOT have continued to build on their consultative relationship with the fifteen federally-recognized tribes that have expressed interest in this state. PENNDOT District archaeologists requested tribal consultation on approximately 80 projects in 2004. 34: Tribal Transportation Planning Guide SOURCE: Adapted from “Tribal Transportation Planning Guide For Washington State,” the Washington State Department of Transportation (http://www.wsdot.wa.gov/tribal/) and North- west Tribal Technical Assistance Program News Bulletin, “Washington State Publishes Guide For Tribal Participation With Ewu Support” (http://www.ewu.edu/groups/cbpanwattap/ announcements/ws_tribalguideannouncement.pdf)

86 SITUATION: The Washington State Department of Transportation (WSDOT) maintains government-to- government relations with 35 federally-recognized tribal governments. Twenty-nine tribes are located in Washington State; the additional six tribes have reservations outside the state, but have traditional homelands, treaty rights or other interests within the state. The first state/tribal conference in the country was held in December, 1993, between the Washington State Department of Transportation (WSDOT) and leaders of 26 of the 29 recog- nized tribes located in the state. The tribes at that meeting asked for a guidebook to assist them with understanding and participating in WSDOT planning and programs and in working together to meet transportation needs. That guide was completed in 1995 and became a national model for state/tribal planning. Updated in 2004, the guide continues to chronicle the transportation programs, accomplish- ments, and collaboration of tribes and the state. ISSUES: Cultural Competency, Protection/Preservation of Tribal Sensitive Resources, Sovereignty, Land Ownership, Funding Issues ISSUES IN CONTEXT: The Washington State-Tribal Transportation Planning Guide provides a resource to Tribes, to the WSDOT, and to the general public to support and encourage participation, collaboration and consultation of the Washington tribes with WSDOT in tribal transportation planning, program development and implementation. PRACTICES: Data Collection, Analysis & Distribution, DOT Standards & Handbooks PRACTICES IMPLEMENTED: The planning guide provides an overview of tribal transportation issues, unique relations and recognition between Washington state and the tribes within the state, and the programs and mechanisms to identify and apply for state funding for which tribes are eligible10. The guidebook has six sections covering the following content areas: • Overview of Tribal Transportation – including federal and state policies to recognize and address tribal sovereignty • Planning Resources – the need for transportation planning and planning resources avail- able to tribes • Tribal Transit – tribal program planning and funding • Financial Resources • Policy Development Resources • Case Studies & Best Practices – documenting successful tribal/state programs, which are updated on a regular basis Two supplements were also published, the “Tribal Transportation Planning Organization Project & Planning Resources Matrix” and “The Planning and Project Topic Index” to expand the value and use of the Guide. The Guidebook is available in two formats – a hard copy bound book created as a desk refer- ence and a web-based document. Live links in the web version connect to websites and resource documents that others maintain. This approach seeks to ensure that the most current back- ground information is linked to the document. 10Northwest Tribal Technical Assistance Program News Bulletin, “Washington State publishes Guide for Tribal Participation with EWU Support”, page 1.

87 OUTCOME: Since 1993, the WSDOT has met with tribes annually to address mutually identified trans- portation issues. The guidebook continues to serve as a resource for tribes, WSDOT, and all parties to advance transportation programs and services and meet critical transportation needs. 35: Stakeholder Involvement Guidance and Public Involvement for National Environmental Policy Act (NEPA) Projects SOURCE: Adapted from “Stakeholder Involvement Guidance And Public Involvement Plan” by Colorado Department of Transportation SITUATION: Public involvement, including involvement with tribal stakeholders, is a key component of the environmental review and project development process. Federal laws and regulations establish some basic requirements for public involvement. Developing a public involvement process that is appropriate for the project and will lead to sustainable decisions requires care- ful planning and consideration and often requires elements that go beyond the basic federal requirements. The Colorado Department of Transportation (CDOT) invested considerable resources, time, and talent in compiling detailed information about environmental issues, conducting environ- mental analysis, and preparing documents to comply with the National Environmental Policy Act of 1969 (NEPA). The NEPA Manual is a resource for CDOT staff, local agency representa- tives and consultants engaged in these efforts. ISSUES: Cultural Competency, Protection/Preservation of Tribal-Sensitive Resources, Sovereignty ISSUES IN CONTEXT: It is intended that CDOT staff, local agency representatives and consultants use the NEPA Manual to implement NEPA in an effective manner, producing more consistent, improved envi- ronmental documents that decision-makers may use to make well-informed transportation decisions. PRACTICES: DOT Standards & Handbooks, Public Involvement, Meetings PRACTICES IMPLEMENTED: Chapter 7 of CDOT’s NEPA Manual is dedicated to “Stakeholder Involvement Guidance and Public Involvement Plan.” It is intended to fulfill Federal Highway Administration (FHWA) requirements to submit a description of the public involvement component of plans, programs, and projects considered and undertaken by CDOT. The chapter is organized into four main content areas: • Public Involvement Overview – including the definition of stakeholders and purpose of pub- lic involvement, as well as information on tribal sovereignty and government-to-government consultations. • Public Involvement Plan – steps for development of the plan and descriptions of key elements. • Required Elements for NEPA Compliance – information on Environmental Impact State- ments (EIS), Categorical Exclusions (CatEx), Environmental Assessments (EA), and pub- lic involvement when reevaluations and supplemental actions are necessary. • Public Involvement Documentation – how to provide reasonable accommodations in ful- fillment of the Americans with Disabilities Act of 1990 (ADA), requirements for public hearings, and the use of comment forms.

88 The Manual provides users with additional information and tools to assist with developing and implementing a public involvement plan: • A list of federal regulations related to public involvement for transportation planning and project development. • The history of public involvement. • A list of additional resources and websites. • Steps for developing a project public involvement plan. • Public involvement plan development worksheets. • Additional public involvement techniques and best practice examples. • Sample comment form and newspaper notice. • Guidelines for conducting open forum meetings and hearings. The manual uses and references other than DOT, Federal Highway Administration, and Coun- cil on Environmental Quality (CEQ) NEPA guidance where possible for consistency and efficiency. OUTCOME: Effective public involvement supports the development of sustainable decisions – which results in the development of projects that do not require significant redesign, are less likely to end up being litigated, are able to obtain all necessary permits, and are financially responsible. 36: Environmental Training for 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 Highway Research Program (http://environment.transportation.org/environmental_issues/ construct_maint_prac/compendium/manual/2_1.aspx) SITUATION: State transportation agencies are increasingly adopting a wide array of stewardship and envi- ronmental protection and enhancement practices, many on a voluntary basis. Regulatory agen- cies, insurers, and interest groups also favor adoption of construction and maintenance practices that protect or enhance the environment. In a 2002 survey by the National Cooperative Highway Research Program (NCHRP), almost half of the 50 state transportation agencies indicated they have begun to train maintenance staff on environmental regulations, issues, and Best Management Practices (BMPs). Environmental regulations provide protection to environmental resources, including tribal resources. ISSUES: Protection/Preservation of Tribal Sensitive Resources ISSUES IN CONTEXT: Many transportation agencies have developed stewardship programs to help maintenance staff protect the environment, which includes the protection of tribal resources, and to increase the efficiency of transportation projects. PRACTICES: Training, Presentations, Summits/Workshops, Regional or State Level Conferences PRACTICES IMPLEMENTED: Following are examples of specific programs developed for training of maintenance staff on environmental issues and stewardship: Oregon DOT (ORDOT) Environmental Outreach and Training for Maintenance Staff Elements of this training program include environmental orientation for new employees, monthly/quarterly manager team meetings, winter pass foremen annual meetings, annual field

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.

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

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,

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.

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

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 Strategy–Tribal 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

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

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.

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.

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.

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.

Next: Appendix D - Guidebook Implementation Process (GIP) »
A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities Get This Book
×
MyNAP members save 10% online.
Login or Register to save!
Download Free PDF

TRB’s National Cooperative Highway Research Program (NCHRP) Report 690: A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities includes guidelines designed to help departments of transportation and tribal communities work together to achieve successful transportation projects on tribal lands.

The report explores a wide range of issues and topics to be considered and offers a flexible approach that can be adapted to most situations. The report also includes case studies to illustrate successful practices.

The report on the project that led to the development of NCHRP Report 690 was published as NCHRP Web-Only Document 171.

  1. ×

    Welcome to OpenBook!

    You're looking at OpenBook, NAP.edu's online reading room since 1999. Based on feedback from you, our users, we've made some improvements that make it easier than ever to read thousands of publications on our website.

    Do you want to take a quick tour of the OpenBook's features?

    No Thanks Take a Tour »
  2. ×

    Show this book's table of contents, where you can jump to any chapter by name.

    « Back Next »
  3. ×

    ...or use these buttons to go back to the previous chapter or skip to the next one.

    « Back Next »
  4. ×

    Jump up to the previous page or down to the next one. Also, you can type in a page number and press Enter to go directly to that page in the book.

    « Back Next »
  5. ×

    To search the entire text of this book, type in your search term here and press Enter.

    « Back Next »
  6. ×

    Share a link to this book page on your preferred social network or via email.

    « Back Next »
  7. ×

    View our suggested citation for this chapter.

    « Back Next »
  8. ×

    Ready to take your reading offline? Click here to buy this book in print or download it as a free PDF, if available.

    « Back Next »
Stay Connected!