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Appendix A - Policy Resources
Pages 35-48

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From page 35...
... 1831 X Worcester v. Georgia - The Supreme Court decided that states have no power on tribal lands; Congress has plenary over tribal affairs.
From page 36...
... This Act broke up communal tribal lands and resulted in checkerboard patterns of land ownership, including by non-Indians, and the imposition of nontribal government authority over those lands, which then led to overlapping policies. 1887 X X Supreme Court Cases Talton v.
From page 37...
... 1975 X X American Indian Religious Freedom Act – Protects and preserves Native Americans' right of freedom to believe, express, and exercise their traditional religions. 1978 X X X Archaeological Resources Protection Act – Protects and manages archaeological resources and sites that are on public lands or tribal lands.
From page 38...
... 1981 X X Merrion v. Jicarilla Apache Trib e – This Supreme Court decision affirmed tribal sovereignty and recognized that Indian tribes have the inherent right to tax activities occurring on Native American land, including activities conducted by non-members.
From page 39...
... 2004 X Presidential Memorandum for Heads of Executive Departments and Agencies on Tribal Consultations, November 5, 2009– Reaffirmed the federal government's commitment to regular and meaningful consultation and collaboration with tribal officials in policy decisions and accountability for the implementation of Executive Order 13175. 2009 X X Current Issues Impacting Tribal Transportation Description Y ea r C ul tu ra l C om pe te nc y Pr ot ec t/ Pr es er va tio n C on fid en tia lit y So ve re ig nt y La nd O w ne rs hi p M on et ar y Presidential Executive Order No.
From page 40...
... 1998 X X X X X FHWA Indian Task Force Report (February 4, 1998) – Issued to provide guidance to FHWA regarding its relationship with federally recognized tribal governments with the Federal Lands Highway and Federal-Aid Highway Programs.
From page 41...
... 1999 X Exhibit A.3: Federal Tribal Transportation Funding Programs Funding Program Funding Purpose Administering Agency Federal Share B - Federal Lands Highway * B.1 Emergency Relief Federal Roads Assistance for roads to and within federal and Indian lands damaged by natural disaster or catastrophic failure.
From page 42...
... US DOT 80% - 100% C.1.m High Priority Projects Priority projects identified in SAFETEALU. US DOT 80% C.2 Flexible C.2.a Surface Transportation Program Highway, bridge and transit planning and safety.
From page 43...
... Planning Level Metropolitan, Rural and Small Community, Statewide, Tribal Title Federal Highway Administration (FHWA) Resource Type Training Organizations Description The FHWA website offers links to a variety of training opportunities and institutions.
From page 44...
... Planning Level Metropolitan, Statewide, Tribal Title Federal Title 25- Indians, Chapter I-BIA, Department of the Interior, Subchapter H-Land and Water, Part 170 IRR Program Resource Type Legislation, Regulations, and Guidance Description This part provides rules and a funding formula for the Department of the Interior (DOI) in implementing the Indian Reservation Roads (IRR)
From page 45...
... Planning Level Metropolitan, Rural and Small Community, Statewide, Tribal Title The Transportation Planning Process: Key Issues A Briefing Notebook for Transportation Decision makers, Officials, and Staff Resource Type Publications Description The Briefing Notebook is a primer for transportation decision makers and stakeholders. It provides government officials, planning board members, transportation service providers, and the public at large with an overview of transportation planning in metropolitan settings.
From page 46...
... Planning Level Metropolitan, Rural and Small Community, Statewide, Tribal Title Final Rule on Indian Reservation Roads Program Subject Index Description An index to 25 CFR Part 170, Indian Reservation Roads Program; Final Rule. Planning Level Metropolitan, Rural and Small Community, Statewide, Tribal Title Framework for Action Building the Fully Coordinated Transportation System Description The Framework for Action is a comprehensive evaluation and planning tool to help state and community leaders and agencies involved in human service transportation and transit services, along with their stakeholders, improve or start coordinated transportation systems.
From page 47...
... Planning Level Metropolitan, Rural and Small Community, Statewide, Tribal Planning Level Metropolitan, Rural and Small Community, Statewide, Tribal Title The Environmental Guidebook Description The Environmental Guidebook website is a companion website to the Federal Highway Administration's Environmental Guidebook on Compact Disc, November 1999. It provides NEPA environmental guidance and policy information on The Natural Environment (Volume 1)
From page 48...
... Planning Level Metropolitan, Rural and Small Community, Statewide, Tribal Title Transportation Management Area Planning Certification Review Primer Description This primer provides a basic understanding of the key concepts and expectations addressed through a review of, along with references to, pertinent laws, regulations, policies, and other resources. Planning Level Metropolitan, Rural and Small Community, Tribal Title Transportation Conformity: Reference Guide Description The Transportation Conformity: Reference Guide contains transportation conformity rules and relevant preamble language, questions and answers, lists of resource materials, new information, guidance, case studies, and approaches to meeting requirements.


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