A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities (2011) / Chapter Skim
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Appendix C - Case Studies
Appendix C - Case Studies
Pages 54-99
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From page 54... ...
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.
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From page 55... ...
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 funding 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.
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From page 56... ...
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.
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From page 57... ...
Correct signing of tribal reservations 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 planning council.
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From page 58... ...
This competitive and highly publicized race included proposed routes that traversed tribal lands. ISSUES: Sovereignty, Land Ownership
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From page 59... ...
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 crucial for project success. Cultural properties and resources must be considered during the planning process.
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From page 60... ...
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.
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From page 61... ...
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 transportation.
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From page 62... ...
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.
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From page 63... ...
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 proposed 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.
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From page 64... ...
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.
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From page 65... ...
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.
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From page 66... ...
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.
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From page 67... ...
PRACTICES: Meetings, Tribal Liaisons and Coordinators, Formal Agreements, Resource Sharing, Investigation of Alternatives PRACTICES IMPLEMENTED: In order to discuss right-of-way issues, the state worked with the tribe through the tribe's technical 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.
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From page 68... ...
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.
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From page 69... ...
Understanding the who, when, where, and precisely how to conduct meaningful consultation was problematic at best during this period. ISSUES: Cultural Competency, Protection of Tribal Sensitive Resources, Confidentiality of Tribal Sensitive Matters, Funding Issues ISSUES IN CONTEXT: Despite the long-standing federal mandate requiring government-to-government consultation 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.
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From page 70... ...
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)
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From page 71... ...
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.
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From page 72... ...
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)
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From page 73... ...
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.
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From page 74... ...
ISSUES: Protection/Preservation of Tribal Sensitive Resources, Sovereignty, Land Ownership, Funding Issues ISSUES IN CONTEXT: In Southern California, Native American tribes, the California Department of Transportation (Caltrans) and the San Diego Association of Governments (SANDAG)
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From page 75... ...
, 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.
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From page 76... ...
There are nine federally recognized Native American tribes located in mostly rural regions; none fall within the boundaries of designated South Dakota Metropolitan Planning Organizations (MPOs)
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From page 77... ...
TRPC serves as both the federally designated MPO and the state-designated regional transportation planning organization (RTPO)
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From page 78... ...
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.
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From page 79... ...
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 public, an appreciation of the state's archaeological resources through research, stewardship and
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From page 80... ...
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"
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From page 81... ...
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 compiled by OHDOT and FHWA, consisting of pertinent federal and state regulations, contacts at agencies and tribes, maps, etc.
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From page 82... ...
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.
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From page 83... ...
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 transportation 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)
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From page 84... ...
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
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From page 85... ...
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/)
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From page 86... ...
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.
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From page 87... ...
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 environmental 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)
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From page 88... ...
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)
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From page 89... ...
maintenance and water quality considerations. ISSUES: Protection/Preservation of Tribal Sensitive Resources ISSUES IN CONTEXT: Many transportation agencies have developed stewardship programs to help construction staff protect the environment and increase the efficiency of transportation projects.
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From page 90... ...
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, Procedures, and Policies for Highway Construction and Maintenance" by the National Cooperative
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From page 91... ...
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 environmental issues that may arise in construction.
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From page 92... ...
More specifically, the listening session would allow key federal decision makers to hear directly from Indian tribes on important natural 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 guarantee of who could remain and whether upper-management executives could participate.
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From page 93... ...
• 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.
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From page 94... ...
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)
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From page 95... ...
ISSUES: Cultural Competency, Sovereignty, Land Ownership ISSUES IN CONTEXT: The community favored an alternative that offsets the junction by 500 feet at two T-intersections; 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.
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From page 96... ...
Two area tribal communities passed resolutions supporting the roundabout design, other stakeholders 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 transit needs in all areas of the state, including areas within the jurisdiction of existing metropolitan planning organizations (MPOs)
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From page 97... ...
ISSUES: Cultural Competency, Sovereignty, Land Ownership ISSUES IN CONTEXT: The project area is in an unincorporated community of mostly non-tribal residents that is surrounded by a mosaic of tribal lands. Many people in the community are unfamiliar with roundabouts, and some contended that these intersections are too confusing for elder tribal drivers, who may not be able to comprehend complex road signs.
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From page 98... ...
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 roadway improvements can address, and to achieve a design that meets standards and also is context sensitive and acceptable to the local population.
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From page 99... ...
• Informational kiosks were set up at key community locations throughout the project area. • Oral translations were provided at public meetings.
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