A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities (2011) / Chapter Skim
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Current issues impacting tribal transportation projects include cultural competency, protection and preservation of tribal-sensitive resources, confidentiality of tribal sensitive matters, sovereignty, land ownership, and monetary issues. These issues are complex and steeped in history.
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Project coordination and collaboration are impacted by cultural competency; protection and preservation of tribal sensitive resources; confidentiality of tribal sensitive matters; sovereignty; land ownership; and monetary issues. Insights gained from history and changing tribal legal policies are important for understanding these complex intergovernmental relationships and their impact on transportation projects.
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limited tribal sovereignty and broke up communal tribal lands into smaller pieces that were given to individual landowners, including non-Native Americans. The resulting checkerboard pattern of land ownership, occupancy of reservation lands by non-Native Americans, and non-tribal authority over those lands led to overlapping and conflicting policies.
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This led to the passage of the Indian Civil Rights Act (1968) , which entitled Native Americans to provisions of the Bill of Rights and mandated that tribal consent be required for states to assume civil and criminal jurisdiction over tribal lands (4)
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However, tribal environmental issues were to be incorporated to a greater degree into the tribal transportation planning process as well as during the project development and implementation processes in federally funded state transportation projects that impact tribal trust resources or tribal communities (4)
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2.3 Transportation-Specific Policies Impacting Native American Tribes The creation of the Indian Reservation Roads (IRR) program in 1928 marked the beginning of the federal government role in tribal transportation programs.
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in 1991 mandated that statewide planning requirements include consultation, cooperation, and coordination with tribal governments on a government-to-government basis. Tribes and tribal concerns are to be included in the regional and statewide transportation planning processes.
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The purpose of Order 5301.1 was to affirm the department's unique legal relationship with tribes and established its consultation and coordination process with Native American tribes. The Order's requirements were designed to, "recognize Indian statutory preferences in employment, Federal financial assistance arrangements, and contracting; respond to the transportation concerns of Indian tribes related to environmental justice, children's safety and environmental health risks, occupational health and safety, and environmental matters; foster opportunities for hiring tribal members and increasing participation in Federal training activities; include tribal colleges and universities in Departmental educational, research, and program activities; and treat correspondence from leaders of Indian tribes in the same manner as Congressional correspondence" (12)
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Transportation planning efforts through Metropolitan Planning Organizations (MPOs) and Regional Planning Organizations (RPOs)
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In addition to MOUs and other formal agreement, states have initiated a number of strategies to better coordinate transportation planning and construction with tribes (3) : • Tribal liaisons in state DOTs provide a central point of contact, establish a long term relationship and serve as the cultural competent link between tribal representatives and multiple departments within a state DOT (Arizona, California, Minnesota, Montana, and Washington State)
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, and SAFETEA (2005) – which, over time, increased IRR funding, mandated tribal consultation in state and regional transportation planning, established the TTAP program, provided assistance in developing tribal transportation planning capacity, and strengthened the direct relationship between tribes and the FHWA.
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