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

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49 Exhibit B.1: Tribal Self-Assessment Checklist A P P E N D I X B Issue Self-AssessMent Checklists Assessment for Cultural Competency Issues YES NO N.A.* A Is there at least one individual in your tribe who is knowledgeable about the organizational culture of the agency(ies) involved in the transportation initiative? B Can this person provide the cultural knowledge for all the individuals in your team (e.g., by training team and/or facilitating efforts)? YES to (a) and (b): While Cultural Competency may always hinder a transportation initiative, these issues do not seem serious this time. Therefore, your collaboration strategy does not need to be designed to specifically address these issues. However, you may use any of the practices listed as effective for cultural competence issues to further your overall collaboration strategy. NO to (a) or (b): Cultural Competency issues are present on the proposed transportation initiative, and you will need to include “training” on cultural competency in your overall collaboration strategy. (*) Not Applicable Assessment for Protection and Preservation of Tribal-Sensitive Resources Issues YES NO N.A.* A If the proposed initiative has a direct or indirect impact on cultural resources, are any of these of significance to your tribe? B If the proposed initiative has a direct or indirect impact on historical resources, are any of these of significance to your tribe? C Does the proposed initiative have a direct or indirect impact on areas where traditional practices are performed? D Does the proposed initiative include using tribal symbols? YES checked once or more: Protection/Preservation issues are present on the proposed transportation initiative. (*) Not Applicable

50 Assessment for Confidentiality of Tribal-Sensitive Resources Issues YES NO N.A.* A If the proposed initiative has a direct or indirect impact on biological or natural resources of significance to your tribe, is the knowledge of any of these matters confidential to your tribe? B If the proposed initiative has a direct or indirect impact on cultural resources of significance to your tribe, is the knowledge of any of these matters confidential to your tribe? C If the proposed initiative has a direct or indirect impact on historical resources of significance to your tribe, is the knowledge of any of these matters confidential to your tribe? D If the proposed initiative has a direct or indirect impact on areas where traditional practices are performed, is the knowledge of any of these matters confidential to your tribe? E If the proposed initiative needs to use tribal symbols, is the knowledge of any of these matters confidential to your tribe? YES checked once or more: Confidentiality issues are present on the proposed transportation initiative. (*) Not Applicable Assessment for Sovereignty Issues YES NO N.A.* A Is your tribe recognized by the state or federal government as a sovereign nation? YES to (a): Sovereignty issues may be present. Please answer the following questions. NO to (a): Sovereignty issues as described in this section do not apply. This checklist has been developed to identify and address minor sovereignty issues. The research did not identify best practices to address major sovereignty issues (i.e., the tribe has not been recognized either at the federal or at the state level). YES NO N.A.* B Could your jurisdictional power be unclear to some of the parties involved in the transportation initiative? C Do you consider your government-to-government relationship with the agencies involved unsuccessful? D Could any of your tribe’s institutional protocols be unclear to some of the parties involved in the transportation initiative? YES to (b), (c) or (d): Sovereignty issues are present, and you will need to include “training” in your overall collaboration strategy. NO to (b), (c) and (d): Sovereignty issues are not present. (*) Not Applicable

Exhibit B.2: Agency Self-Assessment Checklist In multi-agency initiatives, this assessment should be undertaken by each agency. 51 Assessment for Land Ownership Issues YES NO N.A.* A Does the proposed transportation initiative require your tribe or some of your tribal members to provide right-of-way (either on tribe-owned or trust land)? B Does the proposed right-of-way have any issues with mineral exploration rights? YES checked once or more: Land Ownership issues are present on the proposed transportation initiative. (*) Not Applicable Assessment for Monetary Issues YES NO N.A.* A Does the proposed transportation initiative require your tribe or some of your tribal members to commit funding to participate in the process (either monetary contributions or in-kind commitments)? B Could any of your tribe’s taxes and fees be unclear to some of the parties involved in the transportation initiative? C Could any Indian or Tribal employment preference be unclear to some of the parties involved in the transportation initiative? YES checked once or more: Monetary issues are present on the proposed transportation initiative. (*) Not Applicable Assessment for Cultural Competency Issues YES NO N.A.* A Is there any individual in your agency who is knowledgeable on the culture of the tribes involved? B Can this person (these people) provide the cultural knowledge for all the individuals in your team? (e.g., by training team and/or facilitating efforts) YES to (a) and (b): While Cultural Competency may always hinder a transportation initiative, these issues do not seem serious this time. Therefore, your collaboration strategy does not need to be designed to specifically address these issues. However, you may use any of the practices listed as effective for cultural competency issues to further your overall collaboration strategy. NO to (a) or (b): Cultural Competency issues are present on the proposed transportation initiative, and you will need to include “training” on cultural competency in your overall collaboration strategy. (*) Not Applicable

52 Assessment for Protection and Preservation of Tribal-Sensitive Resources Issues YES NO N.A.* A Does the area affected by the proposed initiative have any known significance to tribes? B If the proposed initiative has a direct or indirect impact on biological or natural resources, could any of these resources be of significance to tribes? C If the proposed initiative has a direct or indirect impact on cultural resources, could any of these resources be of significance to tribes? D If the proposed initiative has a direct or indirect impact on historical resources, could any of these resources be of significance to tribes? E Could the proposed initiative have a direct or indirect impact on areas where traditional practices are performed? F Could the proposed initiative need to use tribal symbols? YES checked once or more: Protection/Preservation issues are present on the proposed transportation initiative. (*) Not Applicable Assessment for Confidentiality of Tribal-Sensitive Resources Issues YES NO N.A.* A Does the area affected by the proposed initiative have protection/preservation issues (to be determined by previous checklist)? YES: Confidentiality issues may be present, and descriptions included in the definition of tribal-sensitive resources may be used to determine which specific issues may arise. NO: Confidentiality issues are not expected. (*) Not Applicable

53 Assessment for Sovereignty Issues YES NO N.A.* A Do the project stakeholders represent more than one sovereign government? NO to (a): Sovereignty issues as described in this section do not apply. This checklist has been developed to identify and address minor sovereignty issues. The research did not identify best practices to address major sovereignty issues (i.e., the tribe has not been recognized either at the federal or at the state level). YES NO N.A.* B Is the jurisdiction of each party, and more specifically tribes, clearly defined and understood? C Have government-to-government relationships been established between the agency and the tribe(s) involved? D Are the operations and organizational structure of the tribes involved clearly understood? YES to (a), (b), (c) and (d): Sovereignty issues are not present. YES to (a) and NO to either (b), (c) or (d): Sovereignty issues are present. (*) Not Applicable Assessment for Land Ownership Issues YES NO N.A.* A Does the project/initiative take place on land of significance to a tribe? B Is the land in question held in trust for the tribe or owned by the tribe? C Does one party own the land in question while another retains surface ownership or mineral exploration rights of the land? YES checked once or more: Land Ownerships issues are present on the proposed transportation initiative. (*) Not Applicable Assessment for Monetary Issues YES NO N.A.* A Does the party proposing the transportation initiative lack the funding to complete the initiative? B Do contracting parties have different protocols for taxations and fees that must be taken into consideration? C Are Indian or Tribal employment preference laws expected to affect the transportation initiative? YES checked once or more: Monetary issues are present on the proposed transportation initiative. (*) Not Applicable