Tribal Transportation Programs (2007)

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.

39 This appendix is a compilation of 30 profiles of Indian tribal transportation programs based on interviews with tribal contacts, using the questionnaire reproduced in Appendix D. The ques- tionnaire itself was developed by the American Planning Asso- ciation (APA) project team in consultation with TRB Synthesis Studies Manager Jon Williams and the project review panel in the early stages of the project. The review panel also worked with APA to develop a representative list of tribes that currently receive most of the Bureau of Indian Affairs (BIA) Indian Reser- vation Roads (IRR) program funds, in part because they include most of the largest tribes nationwide. The leaders of these tribes received letters from TRB inviting them to participate in the study by designating the individual within tribal government most capable of answering the questions posed. Once APA succeeded in establishing contact with a willing tribe, with a des- ignated contact to answer the questionnaire, it then arranged for telephone interviews, either to work through the questionnaire from scratch or to review answers supplied in writing. Through an iterative process, in most cases, of clarifying answers, review- ing drafts of the resulting profiles, and subsequent revisions as needed, the profiles that appear here became the resulting prod- uct. Each tribe was given the opportunity to review the results and submit proposed revisions, the vast majority of which were then incorporated into the final versions. Alabama–Coushatta Tribe Bad River Band of Lake Superior Tribe of Chippewa Indians Bois Forte Band of Chippewa Cherokee Nation Coeur D’Alene Tribe Confederated Salish and Kootenai Tribes Confederated Tribes of the Warm Springs Reservation Craig Community Association Eastern Band of Cherokee Indians Eastern Shoshone and Northern Arapahoe Native Village of Eyak Fort Belknap Indian Community Ho-Chunk Nation Hoopa Valley Tribe Kawerak, Inc. Makah Tribe Mashantucket Pequot Tribal Nation Navajo Nation Prairie Band Potawatomi Nation Pyramid Lake Paiute Tribe Red Lake Band of Chippewa Indians Sac and Fox of the Mississippi in Iowa Saint Regis Mohawk Tribe Seminole Nation of Oklahoma The Shoshone–Bannock Tribes Southern Ute Indian Tribe Standing Rock Sioux Tribe Tohono O’Odham Winnebago Tribe of Nebraska Pueblo of Zuni APPENDIX A Tribal Profiles

Alabama–Coushatta Tribe 519 State Park Road 53 Livingston, TX 77351 Date: November 25, 2005 Revised: May 26, 2006 Contact Information: Donnis B. Battise, Tribal Transportation Planner Telephone: 936-563-1100 E-mail: tcdbattise@actribe.org Basic Tribal Data and Structure The Alabama–Coushatta tribe has 1,119 members, of which 503 live within the boundaries of the reservation as of 2000. The tribe’s total land area is 9,569.588 acres, of which 5,133.716 are trust property, and 4,455.872 are pending trust property. The tribal council governs the Alabama–Coushatta Indian Reservation. A seven-member panel is elected for staggered, three-year terms. Once the newly elected council candidates are seated, the council elects its own officers to serve one-year terms. The council serves as the policymaker and governing body of the tribe. Council members are sworn in by the chiefs to uphold and abide by the tribe’s constitution and by-laws. The tribe has a principal chief and a second chief, and they are the supporting body to the tribal council. The two chiefs are elected by tribal members to serve the remainder of their lives as chiefs of the tribe. Transportation Responsibilities The Alabama–Coushatta tribe has a P.L. 93-638 contract with BIA for the operation of its transportation program, which includes the following components: • Preparation and maintenance of a long-range transportation plan • Preparation and maintenance of a capital budget or capital improvement program • Overseeing contractors in construction projects • Maintenance of existing roads • Operation of a public transportation system • Maintenance of an inventory of transportation facilities, which includes: – Road and rights-of-way – Pavement management system – Bridges – Signs. At the time this study was being completed, the tribe did not yet have a long-range transportation plan. However, the tribe had hired PAIKI, a Native American engineering and architec- ture firm based in Albuquerque, to complete such a plan. It was expected that work on the plan would begin in the spring or sum- mer of 2006 and be finished within six months to a year. The firm had already begun work on a survey of the existing situa- tion and analysis of road inventory data. For design and construction of new roads, the tribe hires engineers. The tribe also hires a road inspector to oversee specific construction projects. Mr. Battise is conducting the inventory. The tribe currently has 22 miles of tribal roads, but possibly up to 60 miles more pending in land the tribe is acquiring through purchases. The public transportation system involves the operation of a disabled-access van. It provides service on call to senior citizens and is equipped with wheelchairs. Staff The tribe has 2.6 full-time equivalent (FTE) staff working on transportation programs. This includes Mr. Battise, who spends an average of three days per week on transportation as the plan- ner, and a six-member maintenance staff that spends an esti- mated one-third of its time on road maintenance but serves other tribal maintenance needs as well. According to Donnis Battise, “My qualification is training in the operation of heavy equipment, and site preparation and con- struction of Woods Road, which is used by a timber company using heavy equipment and trucks.” Mr. Battise attends contin- uing education offered and provided by the regional Tribal Technical Assistance Program (TTAP). The tribal transporta- tion planner reports to the tribal administrator. The staff does not include any professional planners or engineers, the latter being hired on contract as needed for specific jobs. Training and continuing education are provided through the TTAP program. However, the tribe is somewhat geographically isolated, 900 miles away from the TTAP in Oklahoma, and “it is difficult as a part-time employee to attend training, we don’t 40 Texas Texas

41 have that much travel money.” Mr. Battise reports that he found PAIKI, the firm that is developing the long-range transportation plan, at a conference in Tulsa, Oklahoma. Planning The tribe is currently working on its first transportation plan. The tribe has contracted with PAIKI, for preparation of the long- range transportation plan. After the plan is complete, the tribe’s transportation planner will complete updates of the plan (with resolution from the tribal council). The tribal council has not yet adopted the plan. Because the plan is pending, Mr. Battise did not list any significant proposals for the plan or indicate how much of the plan has been implemented to date. It is expected to use a 20-year time frame. Although no plan is yet in place, citizen participation has been part of the planning process in the form of public meetings and housing meetings, with regard to preparation for specific upcoming projects. The pending plan contains linkages to the following other activities: • Land-use planning • Public utilities, including water and sewer • Historic preservation, cultural resources, and archaeology • Community and economic development Coordination with Outside Agencies BIA. BIA provides technical assistance regarding the P.L. 93-638 contract. U.S.DOT. No coordination exists. Other federal agencies. None. Regional councils of government. None. State transportation agencies. Texas DOT has a thruway, US Highway 190, which runs through the reservation. The state maintains this road, as well as State Park Road 56, two miles east, which also goes through the reservation. County transportation agencies. The county maintains a 1⁄4-mile county road through the reservation. The county vol- untarily grades the road as needed. Funding/Major Projects Operating expenses for 2003 for transportation purposes were approximately $11,877.97 for salaries. All revenue came from BIA. Mr. Battise indicated that the tribe has a P.L. 93-638 maintenance contract with BIA that provides $5,000 per year, with the tribe adding $1,000 from its own general revenue. Capital expenditures for 2003 for transportation purposes were approximately $67,829.00. The main projects included: • Completion of Colabe Road—5,300 ft of flexbase material. • Completion of Bear Lake Loop Road—18,850 ft of flexbase material. • Completion of Chief Kina Road—5,500 ft of flexbase. Unmet Needs The greatest unmet needs are seen as: • Locating damaged culverts that are covered with silt and debris and replacing them. • Lack of funds to purchase a road grader to keep roads maintained. • Weatherproofing of roads. Maintenance Maintenance of transportation facilities is undertaken by monitoring the roads and documenting what issues need to be addressed. The tribe provides work orders. The tribe controls litter by holding a trash pickup day. Grass is mowed by the tribe’s maintenance department. As noted above, the state is responsible for its road through the reservation. There is only one bridge within the boundaries of the reser- vation, which the state maintains. The tribe’s maintenance department handles right-of-way maintenance, including mow- ing around the edges of the road. Signs are inventoried and replaced when faded or destroyed. Safety Programs Signalization. Within the boundaries of the reservation, there are two caution light warnings near dangerous intersections. One is at the entrance to the reservation, where there is a small hill. The intersection is almost at the top of the hill, with traffic going both up and down. Signage. Speed limit signs are posted on the state road, but not on tribal roads. Channelization. None. Road reconfiguration. None. Speed control. Tribal security enforces speed control. Pedestrians and bicycles. None. Child car seats. None. Seat belt safety. None. Safe routes to schools. Tribal security personnel monitor school bus routes and stops. The school is off the reservation, but a security car follows the bus. Alcoholism counseling or intervention related to the operation of motor vehicles. None. Innovations/TTAP Assistance According to Mr. Battise, “the tribe has built a 25-acre lake from a stream and installed a road on top of the dam that other tribes may find beneficial.” The tribe has utilized the TTAP program through seminars on changing laws and policy and how to implement them properly. The tribe usually chooses training for the maintenance department “accordingtowhatkindofequipment we have,” such as a backhoe. The tribe reports, “Lack of equipment or no equipment at all has been a challenge, but help from other agencies, such as the county provides, helps us to overcome the challenges.” Desired Changes “We need our own transportation facilities. We have a plan- ning office and a maintenance office. We need to put that together to become a transportation facility.”

42 Wisconsin Bad River Band of Lake Superior Tribe of Chippewa Indians P.O. Box 39 Odanah, WI 54861 Date: October 20, 2005 Updated: June 8, 2006 Contact Information: Angela Houle, Transit Manager Telephone: 715-685-9461 E-mail: brtransit@badriver.com Robert Blanchard, Tribal Roads Manager Telephone: 715-682-7153 E-mail: brroads@mail.badriver.com Basic Tribal Data and Structure The Bad River Band of Lake Superior Tribe of Chippewa Indians has a 2000 census population of 1,935. The tribe’s total land area is roughly one-quarter of a million acres. The tribal governance structure consists of the seven- member Bad River Tribal Council. The council is composed of a chairperson, vice-chairperson, treasurer, secretary, two senior council members, and one council member. Transportation Responsibilities The Bad River Band of Lake Superior Tribe of Chippewa Indians operates its own transportation program and contracts with BIA for some transportation functions. The tribe operates the following components of their trans- portation program: • Preparation and maintenance of a long-range transporta- tion plan • Maintenance of existing roads • Maintenance of an inventory of transportation facilities, including the following: – Road and rights-of-way – Pavement management system – Bridges – Signs – Transit fleet (passengers, miles traveled) • Operation of a public transportation system that includes a bus system, van service, park-and-ride, dial-a-ride, para- transit (transit for handicapped people). The tribe, jointly with BIA, prepares and maintains a capital improvement program in the form of a yearly control schedule that puts a dollar amount on the projects that the tribe puts in the transportation improvement program (TIP). The following components are operated by third party contractors: • Design and construction of new roads • Overseeing contractors in construction projects Staff The tribe reports between 18 and 20 full-time staff persons working on transportation programs. The tribe does not employ any professional planners or engineers. In the roads department, there are two full-time employees who work on road maintenance, a transportation coordinator who works on the IRR inventory and the long-range transportation plan, and a road manager—all of whom received on-the-job training. The transit staff was trained on the job and also attended available conferences and seminars. Transportation staff reports to the tribal operations manager, who then reports to the executive director. In-house staff uses TTAP training and information and BIA regional inventory trainings as resources for continuing education. Planning The current transportation plan was prepared and adopted by the tribal council in 2000. The tribe is currently updating the long-range transportation plan, which will be for 2006–2026, and anticipates that the process will be completed in six to nine months. The Bad River Tribal Transportation Planning Committee, trans- portation staff, and the Bad River community prepared the plan. According to Ms. Houle and Mr. Blanchard, four significant proposals contained in the plan are: • A tribal transportation facility • Pine Flat Road—culvert replacement • Three Facilities Center Road—roads to three new facilities: elderly housing, cultural center, and preschool; construction to begin in 2006 • Kakagon Street—new asphalt, sub-base work, and drainage Wisconsin

43 Mr. Blanchard estimated that 20% of the plan has been imple- mented. Citizen participation was part of the planning process in the form of public hearings and public meetings. The plan contains linkages with the following other activities: • Land-use planning • Public utilities, including water and sewer • Historic preservation, cultural resources, and archaeology • Community and economic development • Integrated Resource Management Plan Coordination with Outside Agencies BIA. The tribe works very closely with BIA to develop a con- trol schedule for projects, and BIA engineers do all design work except for bridges. BIA provides training two or three times a year for all Wisconsin tribes to complete inventory. U.S.DOT. No direct coordination, all interaction is mediated by the state. Other federal agencies. The reauthorization of the Trans- portation Equity Act for the 21st Century (TEA-21) included a takedown from the Section 5311 program that sets aside dollars for Indian reservations. As a result of this set-aside, FTA will be directly administering the funding to tribes. FTA has begun the consultation process with tribes to get their input on how they would like to see the funding distributed and the process for dis- tribution. The tribe also contracts with the U.S. Army Corps of Engineers. Regional councils of government. The tribe coordinates with the Northwest Regional Planning Commission and local, county, and township highway departments. The Tribal Roads Department would like to contact the commission to work on the 20-year long-range transportation plan, but so far the Tribal Transportation Committee has been reluctant to work with the Northwest Regional Planning Commission. State transportation agencies. The tribe keeps in close con- tact with state DOT representative Glen Landice, typically not through the tribal liaison Gwen Carr. Through Landice, the tribe finds out about opportunities such as a federal grant for pedes- trian safety. The tribe receives section 5311 funding for public transportation from the Wisconsin DOT (WisDOT). In August 2005, all of the 11 federally recognized tribes in Wisconsin signed a partnership agreement with WisDOT. As a direct result of the agreement, a task force was created with representatives from WisDOT, the Wisconsin office of FHWA, and a desig- nated tribal representative from each of the 11 tribes. Other transportation providers. In 2005, the tribe received a long-term technical assistance grant from the Community Transportation Association of America to perform a feasibility study on a transportation maintenance facility. The study will focus on transportation needs and economic development, and will include a financial plan. Funding/Major Projects Operating expenses for road and bridge maintenance only was approximately $133,000. Total operating expenses for public and work-related transit services were approximately $340,000. The transportation planning budget was approxi- mately $38,000 in 2005. The cost for specialized transportation services, such as home meal delivery, the elderly, and disabled, are unknown at this time. Additionally, the tribe incurred other transportation-related costs this year, such as medical trans- ports, tribal school, Head Start program, and casino shuttle. Revenue for transportation projects comes from BIA, state, and tribal funds. The transit program currently receives Section 5311 funding from WisDOT and Wisconsin Employment Transportation Assis- tance Program (WETAP), which is a partnership with WisDOT and Department of Workforce Development. WisDOT monitors compliance and Department of Workforce Development admin- isters the funding. The tribe asserted its eligibility for state funds under Wisconsin Statute 85.20 and requested these dollars, but was denied in 2005. Currently, the 5311 and WETAP funds provide approximately 60% of total operating costs for public transportation. Tribal sources provide 40% of the funding for public tran- sit from cash and in-kind funds. The tribe also funds other transportation-related costs, but the amounts are unknown owing to lack of response from the providers. Another source of funds was a Community Transportation Association of America Technical Assistance Grant (12–18 months). Capital expenditures in FY 2005 were more than $100,000 for the transit program, whereas the roads department reported no capital expenditures, though it received a $362,000 grant from WisDOT SAFETEA-LU funds to build a trail that will get pedestrians off US Highway 2, which leads from a residential area to the casino. Major projects that were completed in the last fiscal year include street and bridge rehabilitation projects. Unmet Needs Funding, and in particular maintenance funding, is a constant challenge for the tribal transportation program. Another barrier to progress is poor coordination between the tribes and various transportation agencies at all levels of government. More specif- ically, Robert Blanchard indicated that the tribe needed bicycle safety education and to improve street lighting, because at dusk it is difficult to see people in the streets. Maintenance The tribe maintains roads with grading, gravel replacement, and culverts, and contracts out for bridge maintenance. The tribe also maintains rights-of-way and signage, which was com- pletely replaced ten years ago with an Indian Highway Safety Program grant from BIA. Snow clearance is another major oper- ation of the transportation department. Safety Programs Signalization. None. Signage. Yes. Channelization. None. Road reconfiguration. The tribe has done two or three road turn-offs and plans to do more. Speed control. County sheriff and tribal policy enforce speed limit.

Pedestrian/bicycle/sidewalk safety. None, but needed. Child car seats. The Health Department distributes child car seats. Seat belt safety. None. Alcoholism counseling or intervention related to the opera- tion of motor vehicles. A program exists within the tribe outside the auspices of the Transportation Department. Innovation/TTAP Assistance According to Ms. Houle, “in seeking ways to fund various projects, the tribe has had to assert its unique relationship with state agencies on a continuing basis and define its eligibility for various funding sources. The tribe’s persistence in pursing its eligibility has been an ongoing battle, and has reaped some benefits. It is my belief that no tribe should have to go through such extreme measures to fund programs that are vital to the social and economic welfare of each tribe’s community.” She adds that these measures “may have been a deterrent in seeking these funds.” 44 The tribe has utilized the TTAP program. According to Ms. Houle, “they have provided training in Bad River for the roads department, and have made other training available. The transit [program] has not utilized TTAP and I am not aware of any other programs that have.” Desired Changes Desired changes to transportation programs are: • More direct funding from federal agencies, versus the tribes dealing with state agencies. • Coordination and collaboration between tribal programs and agencies to help make transportation-related services more cost-efficient and effective. The head of the tribal roads department suggested that if tribes could coordinate among themselves and speak to policy- makers in Washington, D.C. collectively it would be easier to achieve these goals.

45 Minnesota Bois Forte Band of Chippewa P.O. Box 16 Nett Lake, MN 55772 Date: July 27, 2005 Contact Information: David Danz, Planning Director Carl Dagen, Public Works Director Telephone: 218-757-3261 E-mail: ddanz@rangenet.com Basic Tribal Data and Structure The Bois Forte Band of Chippewa has a 2000 census popu- lation of 657. The tribe is divided into two main parcels—the Nett Lake Reservation is 103,000 acres and the Lake Vermilion Reservation is 2,000 acres. The Bois Forte Band of Chippewa is one of six member bands of the Minnesota Chippewa Tribe. These six bands are organized under a single constitution, but each band operates independent of the others. The governing body is the tribal council, consist- ing of five positions—a chairperson, secretary–treasurer, and three district representatives. All tribal council positions are elected to office for four-year, staggered terms. Transportation Responsibilities The Bois Forte Band of Chippewa operates its own transportation program. The program includes the following components: • Preparation and maintenance of a long-range transporta- tion plan • Preparation and maintenance of a capital budget or capital improvement program • Design and construction of new roads • Overseeing contractors in construction projects • Maintenance of existing roads • Operation of a transportation safety program • Operation of a public transportation system • Maintenance of an inventory of transportation facilities, including the following: – Road and rights-of-way – Bridges – Culverts. Additionally, the tribe has plans to add the following ele- ments to its transportation program: • Construction and maintenance of sidewalks • Construction and maintenance of bikeways and bike lanes Staff The tribe reports that between five and seven FTE staff per- sons are currently working on transportation projects. The band employs one professional planner with a master’s degree and considerable experience, and one technical assistant with a bachelor’s degree and skills in geographic information system (GIS) mapping software. The Public Works Director holds a civil engineering degree and is currently working on P.E. certi- fication. All of the transportation staff reports to the executive director. Training and continuing education are periodically provided to staff to continually improve on their capabilities in trans- portation best management practices. Training includes map- ping and computer-aided design software for professional plan- ning staff. Focused training for transportation maintenance and construction staff is provided on a variety of road maintenance issues including snow removal, safety, signage, and transporta- tion and maintenance best management practices. Planning The current transportation plan was prepared and updated in March 2002. The time frame for the plan is 20 years. The plan was prepared by Bois Forte Planning Department staff in coop- eration with the contracted assistance of the Arrowhead Regional Development Commission. The plan was adopted by tribal resolution in February 2003. Approximately 15% of the plan has been implemented. Citizen participation was included in the planning process, and took the form of: • Public hearings • Public meetings • Mail survey • Personal interviews • Postings of traffic counts Minnesota

Three significant proposals contained in the plan are: • O’Leary Bridge—replacement of a 55-ft bridge (steel construction) spanning the Nett Lake River. • Farm Point Road—construction of a 0.10-mile new hous- ing development access road. • State Trunk Highway 65 Little Fork River Bridge Replace- ment—construction of a new concrete bridge over the Little Fork River in cooperation with the MnDOT. The project cost was $1.5 million. The plan contained linkage with the following other activities: • Land-use planning: Planning department staff has devel- oped the land-use plans and is also part of the transporta- tion program team. • Public Utilities, including water and sewer: Administra- tively, public utilities staff is assigned to the Public Works Division, and as such they are under the same director as that of roads maintenance and construction. • Historic preservation, cultural resources, and archaeology: Planning and public works staff coordinate new projects, planned or under construction, with the band’s cultural resources staff. • Community and economic development: These are issues that parallel transportation planning and construction. Coordination with Outside Agencies BIA. The band compacts with BIA for nearly all compactable functions, including road maintenance and construction. U.S.DOT. The band maintains communication with federal officials “as needed.” Other federal agencies. Band officials work with nearly all agencies of the federal government. Regional councils of government. The band has appointed a planning staff person to provide representation on transportation committees established by the Arrowhead Regional Develop- ment Commission. State transportation agencies. The Bois Forte Band has an exceptional relationship with the Minnesota DOT (MnDOT) and its district office in northeastern Minnesota. A number of projects have been completed because of the level of coopera- tion and communication between them. Examples include the $2.1 million project that paved State Trunk Highway 65 through the Nett Lake reservation and the $1.5 million project that replaced the bridge over the Little Fork River on Highway 65 some 12 miles west of the reservation. Other transportation providers. Band officials have devel- oped a cooperative relationship with the county commissioners and public works staff. Examples include the cost sharing to construct a salt/sand storage facility, winter snowplowing, and summer mowing along roadside ditches. Funding/Major Projects Operating expenses were approximately $600,000, including administrative, maintenance, and contracted services. Eighty percent of the operating expenses came from BIA, 8% from other federal sources, and 12% from tribal sources. 46 Capital expenditures were $430,000 for new construction and existing road maintenance. The primary source of trans- portation revenue was through BIA compact with financial sup- port from the tribal council. Major projects that were completed in the last fiscal year were: • Farm Point Road—an access road for new housing con- struction. • Site development and underground water and sewer instal- lation for a new public works building. • Completion of the construction of the bridge over the Little Fork River on State Trunk Highway 65. Unmet Needs The three greatest unmet needs are seen as: • Reconstruction of County–State Aid Highway 793 enter- ing the Nett Lake Reservation. • New road system to a 53-acre parcel recently purchased for residential housing development. • Reconstruction of County Road 104 providing access to the Lake Vermilion Reservation. Maintenance The tribe maintains roads, including those providing access to the reservation. BIA inspects bridges in the IRR system, and the state inspects and maintains bridges on state roads. The Band Leasing Department staff shares administrative right-of-way responsibilities with BIA. The Band Public Works Division pro- vides side mowing and brush clearing for the right-of-way. Sidewalks, pedestrian, and bicycle facilities are currently at the planning stage. Tribal staff provides updates for signs and the seasonal posting of weight limits on roads in the IRR system. Further, the Band operates a shuttle service for Nett Lake com- munity members employed at its resort and casino enterprise. Safety Programs Signalization. None indicated. Signage. The tribe responds to community concerns on sig- nage for speed, children playing, etc. Channelization. None indicated. Road reconfiguration. New construction design considers safety issues associated with the movement of traffic. Speed control. Public works staff and tribal police cooperate on monitoring traffic speed in residential areas. Emergency medical technicians with the Bois Forte Ambulance Service also will stop traffic and provide reminders to slow down and wear seat belts. Pedestrian/bicycle/sidewalk safety. In cooperation with the local electric cooperative, Lake Country Power, the band is cur- rently clearing a right-of-way that will extend three-phase power to a new community facility at the Lake Vermilion Reservation. The project will also allow the construction of a pedestrian walk/bicycle pathway in a heavy traffic area. Child car seats. The band health division has received sev- eral Indian Health Service (IHS) grants to provide free child car seats to the community.

47 Seat belt safety. None indicated. Safe routes to schools. Planning staff considers school loca- tion when planning road improvements. Alcoholism counseling or intervention related to operation of vehicles. The band’s human services division has an active chemical dependency prevention/intervention program that pro- vides driving under the influence (DUI) classes and education of the public on the issue of drinking and driving. Innovations/TTAP Assistance The Bois Forte Band excels in building relationships with other entities. Over time this approach has resulted in the construction and maintenance of transportation infrastructure that would take much longer to achieve. Band officials cooper- ate and communicate regularly with county and state trans- portation and public works representatives and elected officials. The band is represented on the state transportation planning process through attendance at the Arrowhead Trans- portation Partnership and Regional Transportation Advisory Committee. Establishing real working relationships has resulted in paving State Trunk Highway 65 through the Nett Lake Reser- vation, securing BIA bridge funding to replace a state-owned bridge 12 miles west of the reservation boundary, sharing the cost to construct and supply a sand/salt shelter on the reserva- tion with the county, and snowplowing and mowing rights-of- way on county-owned roads serving the reservation. The tribe has used TTAP on several occasions to provide training to staff. Desired Changes The remoteness of the reservation and shortage of transporta- tion funding have been the band’s principal challenges. Through communication with county, state, and federal officials and the sound use of combined resources, the band stretches its ability to improve and maintain its transportation infrastructure. Mr. Danz and Mr. Dagen indicated that one desired change is continually respecting the authority of one another and regular communication so that all parties are aware of issues that may be addressed more effectively through combining resources.

48 Oklahoma Cherokee Nation P.O. Box 948 Tahlequah, OK 74465 Date: June 22, 2005 Contact Information: Michael Lynn, Director, Cherokee Nation Roads Program Telephone: 918-456-0671, ext. 2396 E-mail: mlynn@cherokee.org Basic Tribal Data and Structure The Cherokee Nation is essentially the size of a medium- sized city. It is one of the nation’s largest tribal organizations, with 281,069 people in the 2000 census. Its’ land area is also substantial, at roughly 4,480,000 acres, or 7,000 square miles, larger than some of the smaller states. The Cherokee Nation uses a governance structure with three branches—executive, legisla- tive, and judicial. The transportation program is within the exec- utive branch. The judicial branch includes the tribal courts, whereas the legislative branch consists of a 15-member tribal council, all of whose members are elected simultaneously every four years from individual districts. Transportation Responsibilities The Cherokee Nation operates its own transportation pro- gram, which includes the following components, all managed by the tribe: • Preparation and maintenance of a long-range transporta- tion plan • Preparation and maintenance of a capital budget or capital improvement program • Design and construction of new roads • Overseeing contractors in construction projects • Maintenance of existing roads • Maintenance of inventory of transportation facilities • Working with the city of Tahlequah to provide transit for all citizens of both jurisdictions. (The city maintains a dispatch office and parks its vehicles at the Cherokee Nation facility, but the city operates the system.) • Construction and maintenance of sidewalks • Construction and maintenance of bikeways and bike lanes. (The Cherokee Nation is just beginning its involvement in this area, putting 4- to 6-ft shoulders on the sides of roads for pedestrian walkways or bicycles.) The inventory of transportation facilities consists of the following: • Road and rights-of-way • Bridges. Staff The Cherokee Nation has a total of 24 FTE staff working on transportation programs. This staff includes one professional planner and two engineers; one fully licensed engineer and one trainee. In addition, the tribe’s transportation department includes a right-of-way division with four people, a design division with six people, a survey staff of three, a construction inspection crew of five, and six people who constitute the administrative staff. The design division does all transportation design for the tribe, and its personnel hold certificates as Certified Engineering Technicians. The transportation staff reports to the Senior Director of Community Infrastructure, Harley Buzzard, who in turn reports to the Group Leader of the Community Services division of the Cherokee Nation, Marvin Jones. Training for staff centers on maintaining certification of design staff, which must be kept up to date, because “the field is constantly changing; we have to send staff out for education and development.” Planning The current transportation plan was completed in March 2005, and covers a time frame of 20 years. In the same month the tribe adopted the plan, which was prepared in-house by the transportation planner, Robert Endicott. However, at the time of the interview, the level of implementation was minimal because the plan was so new. According to Mr. Lynn, three significant proposals contained in the plan involve: • Economic development • Land planning and land use • Cultural renewal Citizen participation was part of the planning process and took the following forms: • Public hearings • Public meetings • Website information Oklahoma

49 In addition, the transportation plan contains linkages with the following other planning activities by the tribes: • Land-use planning • Historic preservation, cultural resources, and archaeology • Community and economic development Coordination with Outside Agencies BIA. The tribe works in conjunction with the Eastern Oklahoma regional office in Muskogee. The tribe submits its transportation improvement plan to BIA for approval, which ultimately comes from the Albuquerque Central Office. BIA also reviews and approves environmental reviews and environ- mental assessments and handles right-of-way issues for trusts and restricted properties. The tribe invites BIA to all meetings on projects and final inspections. U.S.DOT. The tribe mainly works through the U.S.DOT’s FHWA, which approves all bridge applications. The tribe invites FHWA to all meetings and final inspections. Other federal agencies. There is little coordination with any other federal agencies on transportation issues. Regional councils of government. The tribe works very closely with cities and counties, especially on issues involving utilities, rights-of-way, and cooperative projects. If a project lies within city boundaries, the tribe also works with county com- missioners and the relevant cities. Tribal funds for materials are provided to counties, which provide manpower and equipment for construction. City and county officials are also invited to meetings and final inspections. State transportation agencies. The Cherokee Nation works closely with the Oklahoma DOT, particularly in coordinating planning activities. Mr. Lynn notes, “They have a plan, and we do too.” Coordination on planning includes work on overlap- ping areas for roads and bridges. The tribe, he says, is “currently trying to work out a similar arrangement on bridge cooperative projects right now.” A Tribal Advisory Board meets regularly to work out any issues between tribes and the state of Oklahoma, such as those involving restricted Indian tribal lands. The tribe is also a member of the board of the Oklahoma Tribal Transportation Council, which covers the states of Oklahoma, Texas, and Kansas. The members of this council are “almost the same” as with the Tribal Advisory Board. The latter group hosts a “road summit” once a year to bring state, federal, and tribal staff together to discuss common challenges. Other transportation providers. None. Funding/Major Projects Operating expenses last year were $1,364,500, of which 89% came from BIA. The balance included $72,323 in tribal gas taxes and $46,249 in tribal vehicle taxes. Capital expenditures in FY 2004 included $4,033,868 in IRR funds from BIA, $885,960 from gas taxes, and $698,304 in vehi- cle taxes, for a total of $5,618,132. The main projects completed include: • Summerfield Hollow—an IRR project extending 6.2 miles and costing $4.5 million, with 11-ft lanes and 2-ft shoul- ders, designed for 40 mph traffic. • Nicut Phase II (funded by IRR)—4.1 miles, $3.1 million, 11-ft lanes, with earth shoulders, 45 mph design. • The tribal council appropriates $1.5–2 million yearly for tribally funded projects in cooperation with counties to rehab or pave existing county roads. Unmet Needs The greatest unmet needs are seen as: • Funding—There is “never enough to go around.” • Bridges—Oklahoma has the highest number of deficient bridges in the nation, says Lynn, with most “built for Model A and Model T cars between the 1920s and 1950s.” These often have load limits posted, and school buses cannot cross. Maintenance The tribe receives minimal federal maintenance money for roads and bridges, a little more than $1,000 per year. Tribal funds are used to maintain county roads, supplemented by IRR if needed. They often work with the counties, but fund- ing is still through the tribe. For rights-of-way maintenance the tribe is dependent on the county, having no dollars for the purpose. Such jobs as repairing slopes also depend on the county. Maintenance of sidewalks and pedestrian facilities is “not an issue” because there is “very little to maintain.” Bicycle lanes and bikeways are “not a factor.” Signs are posted when a job is constructed, but then handed over to the county for mainte- nance. As noted earlier, public transit is handled by the city of Tahlequah in cooperation with the Cherokee Nation. Safety Programs Signalization. No program exists. Signage. Any signage is installed “in accord with the Man- ual on Uniform Traffic Control Devices.” Channelization. Work in this area was described as “none or minimal.” Road reconfiguration. All roads, according to Mr. Lynn, are redesigned to meet federal or state standards, either AASHTO or Oklahoma DOT. Speed control also meets AASHTO and Oklahoma DOT standards. Pedestrians and bicycles. These safety efforts are also designed to meet AASHTO and Oklahoma DOT standards. Child car seats. “The Cherokee Nation operates a child car seat safety program.” The tribe gives out car seats to individ- uals and does car seat safety checks. An injury prevention spe- cialist is employed within the Division of Community Services. Seat belt safety. The same is true of seat belt safety as of child car seats. Safe routes to schools. Rating criteria for road projects are applied beforehand. This actually creates a higher rating for improvements. Alcoholism counseling or intervention related to the opera- tion of motor vehicles. No program exists.

Innovations/TTAP Assistance The Cherokee Nation has taken control of its entire program on transportation from BIA under a self-governance compact. “We have taken over everything we can,” says Lynn, except for some areas considered inherent federal functions, such as envi- ronmental assessments or restricted and trust land acquisitions. This transfer of authority “allowed us to receive our funds all at once at the beginning of the fiscal year. It rarely happens right away, but we can invest the program funds in interest-bearing accounts. The interest is used to further develop construction projects.” The Cherokee Nation uses the services of the Oklahoma State University TTAP center. “We quite often work closely with them,” Lynn reports. The TTAP, in turn, stay active with the Office of Technology Transfer and Commercialization (OTTC) board. The Cherokee Nation used the TTAP for several instances of training, “which is very beneficial to staff.” Staff members who attend training are expected to brief everyone else by e-mail or similar correspondence. 50 Desired Changes The tribe has faced some significant challenges in recent years. One is that “BIA this year changed the inventory update process. It’s more cumbersome than it used to be. We actually had about six in-house staff that worked three to four months on the project.” The tribe added more road miles to its inventory than any year in the past because, in the past, there was a 2% limit on how much inventory could be added annually. The second challenge has involved funding issues. The staff, says Lynn, “worked diligently for several years on the compact. Funding is always an issue. Drawing interest on the money has helped.” The one desire expressed for change was that “tribes should receive recognition within areas where they reside. Sometimes tribes are given a bad name or reputation, but they bring a sig- nificant economic impact to their areas. They provide health care, roads and infrastructure, and education. I would work to give tribes more recognition for the revenues and infrastructure they generate.”

51 Idaho Coeur D’Alene Tribe 850 A Street P.O. Box 408 Plummer, ID 83851 Date: May 26, 2006 Contact Information: Lux Devereaux, Transportation Planner Telephone: 208-686-5702 E-mail: ldevereaux@cdatribe-nsn.gov Basic Tribal Data and Structure The Coeur D’Alene Tribe has a land area totaling 362,000 acres. The total population living on the reservation is 6,511, of which 1,961 are tribal members, although Mr. Devereaux indicates that many of the others are members of other Native American tribes. There are numerous private landowners on the reservation. Approximately 85% of the land is held in fee simple. The tribe’s governance structure consists of a tribal council of seven members, with the chairman, vice-chairman, and sec- retary chosen by the council. The chairman holds the only full- time paid position. The members serve three-year, staggered terms. In addition, there is an executive committee that includes the administrative director and finance director. Transportation Responsibilities The Coeur D’Alene Tribe operates its own transportation program under a P.L. 93-638 contract with BIA. The program consists of the following elements, all managed by the tribe: • Preparation and maintenance of a long-range transportation plan • Preparation and maintenance of a capital budget or capital improvement program • Design and construction of new roads • Overseeing contractors in construction projects • Maintenance of existing roads • Operation of a public transportation system • Construction and maintenance of sidewalks • Construction and maintenance of bikeways or bike lanes • Maintenance of an inventory of transportation facilities, including: – Road and rights-of-way – Pavement management system – Bridges – Signs. Staff Mr. Devereaux spends approximately 40% of his time on transportation, and one other staff member spends approxi- mately 10%. In addition, the tribe has a grant writer who spends approximately 40% of his time on transportation, for a total FTE commitment of 0.9 person. Training is available to the staff in the form of workshops, seminars, and college classes. Planning The current transportation plan was updated in 2004 by Mr. Devereaux. The time frame for the plan was three years. The tribal council adopted the plan in 2003. Significant proposals contained in the plan are: • Repairing Anne Antelope Road • Repairing Kings Valley Road • Repairing Old Agency Road • Repairing Level Valley Road • Repairing the housing access road off Osprey Access Road Public comment was part of the planning process in the form of: • Public hearings • Public meetings • Survey The plan contained linkages with the following other activities: • Land-use planning • Public utilities, including sewer and water • Historic preservation, cultural resources, and archaeology • Community and economic development Idaho

Coordination with Outside Agencies BIA. The tribe works directly with BIA branch office in Port- land, Oregon. U.S.DOT. The tribe “does not really work with DOT a whole lot.” Largely, it is a matter of staying up to date on DOT infor- mation, and “once in a while” working through the Local Tech- nical Assistance Program (LTAP). The tribe does, however, work “really closely” with FTA, beginning with a pilot project that has matured into a full-service transit link with the nearby cities of Coeur d’Alene and Post Falls, Idaho. State agencies. Some of the roads on the tribe’s inventory are county and state roads. On state roads, the tribe works through two different highway districts of the Idaho DOT: the Plummer Highway District and the Kootenai County Highway District. The tribe worked with the state on a big project involving U.S. Highway 95 realignment. Regional councils of government. The tribe is working with the new Kootenai Metropolitan Planning Organization (MPO), and one tribal council member, Francis SiJohn, sits on the MPO board as a tribal representative. The Kootenai MPO was until recently a rural planning organization until the area was desig- nated a Standard Metropolitan Statistical Area after the 2000 census. Mr. Devereaux says this freed up previously rural dol- lars to allow the MPO to coordinate with the tribe on its transit program through a joint agreement with Kootenai County. This is now a full-service transit program with four buses providing regular scheduled service between the reservation and the cities of Coeur d’Alene and Post Falls. The buses are coordinated through the Coeur d’Alene casino resort and hotel, which also has its own transit system that runs through Coeur d’Alene and Spokane, Washington. The new transit system is jointly man- aged by the casino and tribe and with the Kootenai MPO. Funding/Major Projects Operating expenses for 2004 were $45,000, of which between $5,000 and $7,000 came from the tribe’s 2% allocation from BIA, with another $35,000 derived from capacity-building funds, the result of an initiative by the Affiliated Tribes of Northwest Indians transportation committee of the association of Northwest Indians to help tribes establish planning offices. These funds also come from BIA. Capital expenditures for 2004 were $80,000 for pavement evaluation and erosion control, arising from a combined package of chip seal projects prepared for the Coeur d’Alene and Spokane reservations by a BIA official at the Spokane reservation. Major projects that were completed in the last fiscal year were: • Pavement evaluation • Long-range transportation planning • Enrolled inventory Unmet Needs The three greatest unmet needs for transportation are: • A new bridge on Highway 5 on the IRR system, currently slated for action on the state’s TIP for 2007. • Work on Osprey Access Road. • Highway 95 through Plummer, a state project. 52 Mr. Devereaux notes that the tribe misses many opportuni- ties to engage state transportation officials on tribal needs, such as Highway 95, but also including issues of signage at the reser- vation boundaries, because “there is only one of us,” and state officials “show up with plans already written. We have really limited participation early in the process. We have missed several opportunities because of a lack of personnel.” Maintenance Mr. Devereaux notes that the tribe has a P.L. 93-638 pro- gram. The tribe designated a certain percentage of its 3% gaso- line tax, approved by a resolution of the tribal council in 2005, toward transportation planning and road maintenance. “The state said we should get that money,” he adds. The tribe is responsible for 47 miles of road contained in BIA inventory, most of which are secondary or farm-to-market roads. The tribe also maintains its public transit system throughout the community, as well as sidewalks and bicycle lanes in Plummer. Safety Programs Mr. Devereaux says the tribe “needs a safety audit carried out.” BIA provided this through a transportation safety program, and the tribe requested it through a resolution passed in early 2005, but the technical assistance has yet to happen. “BIA didn’t follow through,” he says, noting that “the new highway has dollars for safety.” With regard to specific elements of a safety program: Signalization. None. Signage. The tribe handles signage on BIA roads. Mr. Devereaux notes that “reflectors are the big thing” because they have a tendency to be knocked down occasion- ally by farm vehicles. Channelization. None. Road reconfiguration. The tribe does not do this. The state handles it where necessary. Speed control is handled by the tribal police, state, county sheriff, and city. Child car seats are provided by the tribe’s community health department. Seat belt safety is handled largely as a public education func- tion of the community health department. Pedestrians and bicycles. None. Safe routes to schools. The city handles this a little; the tribe does not. Alcoholism counseling or intervention related to the opera- tion of vehicles. This is provided by the tribe’s family healing department. Innovations/TTAP Assistance The transit system that the tribe operates in cooperation with Kootenai MPO, “linking the city with the reservation,” is the leading innovation that Mr. Devereaux wants to point out on behalf of the Coeur d’Alene Tribe. However, another innovation worthy of note is the tribe’s initiative in negotiating with the Union Pacific Railroad over converting its abandoned rail line into a rails-to-trails path for

53 bicycles and pedestrians. The total line was 72 miles, of which 15 miles run through the reservation. The tribe acquired that trail mileage and cleaned up the pollution along the rail line. The railroad paved the trail up to Plummer and provided funds to build kiosks, and built a trailhead up to the tribe’s celebra- tion grounds in Plummer. Improvements include a couple of miles of sidewalk pavement up the trail to Highway 95, plus a pedestrian/bike tunnel under Highway 95. The trail has now been named the Trail of the Coeur d’Alene and is creating tourism opportunities that are part of the tribe’s economic development plan. Plans include building a new market in that area. They even took an old trail trestle bridge and refurbished it and put a bike trail on it on both sides of the lake, “so we’re connected.” The tribe works “very closely” with the TTAP, which provides technical information and keeps the tribe “updated on regulations and comments with DOT and FHWA.” The tribe has sent its staff to TTAP training, most recently on road inventory and transportation planning. Desired Changes The tribe would most like to see more active participation in state projects on the reservation.

54 Montana Confederated Salish and Kootenai Tribes P.O. Box 278 Pablo, MT 59855 Date: June 14, 2005 Revised: June 6, 2006 Contact Information: Lewis Yellow Robe, Transportation Planner Telephone: 206-675-2700, ext. 6207 E-mail: lewisy@cskt.org Basic Tribal Data and Structure The Confederated Salish and Kootenai Tribes have a 2000 census population of 4,200. The tribes’ total reservation land area includes 1.6 million acres, of which 70% consists of tribal lands held outright. The tribes are organized under the 1935 Indian Reservation Act. The constitution provides for a 10- member tribal council, directly elected by the membership every two years for staggered terms, with half the council elected each time for four years. Transportation Responsibilities The Confederated Salish and Kootenai Tribes operate their own program, which they took over from BIA in 1994–1995. The program includes the following components conducted by the tribe itself: • Preparation and maintenance of a long-range transporta- tion plan • Preparation and maintenance of a capital budget or capital improvement program • Design and construction of new roads • Overseeing contractors in construction projects • Maintenance of existing roads • Maintenance of inventory of transportation facilities • Operation of a transportation safety program • Construction or maintenance of sidewalks • Construction or maintenance of bikeways and bike lanes The inventory of transportation facilities consists of the following: • Road and rights-of-way • Pavement management system • Bridges • Signs. It should be noted that rights-of-way in the inventory are “very elusive here,” and hence actually a yes/no answer. “The rights-of-way are granted by order of the governing body and not always properly recorded.” However, all governments “are getting better at this.” Staff The tribes report a total of 10 FTE staff. Of these, one is a professional planner, and five are engineers. The remaining staff is maintenance and field technicians. This latter group gathers samples to test roads and their foundations in road constructions, test them in laboratories, and report the results to the construc- tion engineer. All have training in their field. The transportation staff report directly to Mike Brown, the manager of the road program. Mr. Brown reports to Bill Foust, Water Manager, who in turn reports to Clayton Matt, the head of Natural Resources. Clayton Matt reports to the tribal council. Training and continuing education are available for in-house transportation staff, but no formal program exists. Instead, the staff is expected to find the appropriate continuing education units related to their positions. Planning The current transportation plan was prepared and approved by the tribal council in April 1997, and covers from 1997 to 2017. This plan is currently being updated. However, Mr. Yellow Robe says he is unwilling to present the update to the tribal council until the current federal transportation bill has been passed by Congress. The plan was prepared by the first tribal transportation planner, with the help of the planning staff and a committee before approval by the tribal council. Approximately 85% of the plan has been implemented to date. According to Mr. Yellow Robe, three significant features of the plan are: • Road planning, design, and construction • Bridge planning, design, and construction • Mapping of all tribal roads, totaling 1,300 miles, using GIS and global positioning systems (GPS) Montana

55 Citizen participation was part of the planning process and took the following forms: • Public hearings • Public meetings • Survey In addition, the transportation plan contains linkages with the following other planning activities by the tribes: • Land-use planning • Public utilities, including sewer and water • Historic preservation, cultural resources, and archaeology • Community and economic development Coordination with Outside Agencies BIA. BIA’s northwestern regional office receives the tribes’ transportation improvement plan and approves the construction control schedule, then approves the transportation planning, design, and construction programs and projects. U.S.DOT. The tribe coordinates with U.S.DOT through FHWA’s Montana Division. This is the agency that approves road design plans for compliance with AASHTO standards. Other federal agencies. Coordination occurs infrequently. Regional councils of government. These do not exist in Montana. State transportation agencies. The tribes have an agreement with Montana DOT (MDT) under which the tribes have direct consultation and oversight on state planning and road designs on all state and federal highways within the boundaries of the reser- vation. The tribes negotiate with the state on these issues. There is no tribal liaison for this purpose, but a de facto committee exists that conducts the negotiations with the tribal council, transportation and land-use planners, water quality and wildlife staff, and right-of-way agents. Other transportation providers. Four counties have some contacts with the reservation for transportation purposes. These are Lake, Missoula, Flathead, and Sanders Counties; however, there is occasional contact also with the cities of Missoula and Kalispell. Funding/Major Projects Operating and capital expenses for 2004 together were $1 million, of which “95 to 99%” came from BIA under the IRR program. State air quality funds were used to purchase a street sweeper. The tribe does not own any maintenance or construc- tion equipment and handles only design and planning. The main projects consisted of a combination of both new construction and reconstruction of three one-mile road projects. Unmet Needs The greatest unmet needs are seen as: • Underfunded road maintenance priorities and budgets. • The need to simplify federal rules and regulations to plan, design, and build roads. “The regulations are horrendous” and “make the job harder.” In addition, the road inventory process is described as “difficult” because BIA rules change “about every five minutes.” Maintenance Maintenance of roads, including those providing access to the reservation, is handled through contracts. For bridges, the tribes award bid construction to contractors, but the bridges are maintained by tribal contractors. Also contracted for mainte- nance are rights-of-way, sidewalks and pedestrian facilities, and bikeways and bike lanes. Signs, however, are handled in-house. Safety Programs Signalization. The reservation has no signalization. Signage. The tribes erect their own signage. Channelization of traffic is handled by installing turn bays or wider shoulders, which they plan, design, and build, handling building by contract. Road reconfiguration. The tribes plan and design road recon- figurations in-house, but contract out the construction. Speed control is less of an issue because 95% of the tribal roads are considered “low volume,” with speed limits of 25 to 35 mph. Pedestrians and bicycles. The tribes are planning and design- ing a five-mile bike path, but this is complicated by problems with securing right-of-way. Child car seats are handled by the tribal health department. Seat belt safety is handled by the tribal health department and law and order. Safe routes to schools. No program exists. Alcoholism counseling or intervention related to the opera- tion of motor vehicles is handled by the tribal health department and law and order. Innovations/TTAP Assistance The tribes are now involved in the construction phase of an improvement project on US Highway 93, under a Memorandum of Agreement signed in December 2000 by the MDOT, FHWA, and the Confederated Tribes, for a 55.8-mile segment running through the Flathead Reservation from Evaro to Polson. The tribe was asked to help design the road to incorporate safety, efficiency, and environmental and cultural aspects, all of which it treats as equally important. The Memorandum of Agreement was made possible because FHWA, acting in a trust capacity on behalf of the tribes, refused to issue Highway Trust Fund money for the project until all three parties had come to an agreement, as a result of which the state and tribe were able to negotiate a solution. Three segments of this road are now under construc- tion, and all will be completed in the next three years. The safety element involves changing the originally intended lane configurations. The state plan developed in 1981, which the tribe had rejected, envisioned expanding to four lanes throughout the reservation. Instead, the tribe agreed to a scheme varying road width between two to four lanes, with pedestrian sidewalks extended to rural areas to increase non-automobile use of the road for bikers and walkers, including designated

crosswalks with concrete strips and changes in surface texture to alert drivers. “We wanted the roads to handle more than motorized traffic. There’s a substantial amount of landscaping that goes into that, including trees and native foliage.” Landscaping and pedestrian facilities serve as traffic-calming devices, as do bulbouts and the designated crosswalks. The environmental elements include 42 wildlife crossings; hydrological restoration of rivers, streams, and wetlands; and landscaping with native foliage. Mr. Yellow Robe says the agreement included “Do not disturb” areas for sensitive sites along the road, some of which are just a few square feet in size, but these will “end up saving money because there will be less environmental mitigation after construction.” 56 The cultural element consists of installing place names and community entrance signs in local native languages, both in town and rural areas, with the local language more prominent and English below in smaller print. The Northwest TTAP in Cheney, Washington, has assisted the tribes with their GPS project. Tribal staff occasionally attends training sessions. Desired Changes The one change Mr. Yellow Robe indicated he would most like to see in the operation of tribal transportation programs is an increase in the funding levels for all programs, including planning, design, construction, and maintenance.

57 Oregon Confederated Tribes of the Warm Springs Reservation 1233 Veterans Street P.O. Box 1299 Warm Springs, OR 97761 Date: June 28, 2005 Updated: June 5, 2006 Contact Information: Kip Burdick, Tribal Engineer and Transportation Planner Telephone: 541-553-3221 E-mail: kburdick@wstribes.org Basic Tribal Data and Structure Confederated Tribes of the Warm Springs Reservation con- sists of three tribes—the Warm Springs, Wasco, and Paiute tribes. The tribes have a combined 2000 census population of 4,319. Their total land area includes 665,000 acres of tribally owned land. The tribe is governed by an 11-member tribal council, with a secretary–treasurer appointed by the council. Eight of the tribal council members are elected by district, and the chiefs of the three tribes are automatically on the council. The tribal council has combined legislative, judicial, and exec- utive responsibilities. Transportation Responsibilities Confederated Tribes of the Warm Springs Reservation operate their own transportation program, which is assisted by one BIA engineer who is located at the reservation. The pro- gram includes the following components operated by the tribe: • Preparation and maintenance of a long-term transportation plan • Preparation and maintenance of a capital budget, which is contained in the tribes’ TIP and submitted to the IRR pro- gram each year • Operation of buses for seniors and children going to school and day care The following components are operated by the tribe with BIA: • Design and construction of new roads • Overseeing contractors in construction projects • Construction and maintenance of sidewalks • Construction and maintenance of bikeways or bike lanes Geovisions, the technical arm of Warm Springs Ventures, is a tribally owned entity that includes a Project Engineering Ven- ture, which designs roads and subdivisions, a GIS Venture, which mainly provides mapping services, and a Cultural Resources Venture, which analyses cultural and archeological resources. In terms of overseeing contractors in construction projects, the tribe oversees the projects designed in-house, and likewise BIA oversees its own projects. In addition, the BIA engineer operates the following compo- nents of the program, although often either contracts or cooper- ates with tribally owned ventures: • Maintenance of existing roads • Maintenance of a pavement management system and inventory • Maintenance of an inventory of transportation facilities, including the following: – Road and rights-of-way – Bridges – Signs. Staff There are at least nine FTE staff working on transportation programs. The head tribal planner is a professional engineer and reports directly to the joint ventures board, which includes the tribe’s secretary, treasurer, and chief financial officer. There are four or five people who work on maintenance, three people working in the Project Engineer Venture, a varying number of people who do construction, and the tribe has just hired a tran- sit director to further develop their transit program. Training and continuing education are provided for in-house staff by the TTAP. Planning The current transportation plan was prepared in December 2000 and covers a 20-year time frame (2000–2020). Project man- agement consultants Pinnell Busch, Inc., based in Portland, Ore- gon, prepared the plan. The tribal council adopted the plan in Oregon

2002, and the tribe updated it in 2006. According to Mr. Burdick, approximately 10% of the plan has been implemented. Citizen participation was part of the planning process and took the form of: • Public hearings • Public meetings • Survey According to Mr. Burdick, the four significant proposals con- tained in the plan are: • Sunnyside Subdivision—new roads in a new housing development; construction is in progress. • Seekseequa Subdivision—new roads in a new housing development; construction is in progress. • County Line Road—paving an existing gravel road. • Simnasho Subdivision—new roads for housing; construc- tion next year. The transportation plan contains linkages with several other planning activities by the tribe, including: • Land-use planning • Public utilities, including water and sewer • Historic preservation, cultural resources, and archaeology Additionally, the tribe’s transportation advisory group coor- dinates with the tribal forestry, realty, planning, and business and economic development departments on transportation plan- ning issues. Coordination with Outside Agencies BIA. A BIA engineer sits on the transportation advisory com- mittee. Also, the tribe is responsible for submitting an annual TIP to BIA. U.S.DOT. Mr. Burdick and the tribal staff receive informa- tion from U.S.DOT through presentations and some training. However, Mr. Burdick indicates that there is very little coordi- nation with U.S.DOT. Regional councils of government. The tribe is a member of the Central Oregon Advisory Committee on transportation, which consists of two counties, six cities, and the tribe. State transportation agencies. Mr. Burdick indicates that there is some coordination between the tribe and Oregon DOT through the transportation advisory group. An Oregon DOT representative comes to monthly meetings of the tribal transportation focus group that are held on the reservation. Oregon DOT recently performed a traffic volume and com- munity impact study for the state highway that runs through the reservation. Funding/Major Projects Operating expenses for 2004 were $2 million, all of which came from BIA. In past years, additional operating expenses have been provided from the Oregon DOT though planning grants, a tribal casino, and a tribally owned mill. Capital 58 expenditures for transportation purposes in 2004 were $2.5 million, all of which came from BIA. Three major transportation projects were completed in the last year: • Bear Drive—a transportation system for a new subdivision. • Upper Dry Creek—paving an existing gravel road. • Culpus Bridge—a new bridge constructed across the Warm Springs River. Unmet Needs Mr. Burdick expressed extreme dissatisfaction with the length of time that BIA takes to review plans, award contracts, and run all aspects of its transportation programs. In addition, communication with BIA is impeded because they do not use e-mail. Maintenance BIA engineer located at the reservation handles mainte- nance of roads, including roads that provide access to the reser- vation, bridges, and signs. When the maintenance project is too large for BIA (e.g., chip and seal road resurfacing), the bureau contracts with the tribal construction company. Even larger projects are contracted out to third parties. Mowing and grad- ing of the right-of-way are handled by BIA engineer, whereas the tribe maintains the right-of-way in the developed areas of the community. Tribal staff maintains off-street paths, whereas BIA engineer maintains on-street bikeways. Safety Programs Signalization. The tribe has one traffic signal, which is for a pedestrian crosswalk. Signage. The tribe has a signage program distributed among several entities, such as the Range and Agricultural Committee Department of Natural Resources that puts up signs to protect wildlife, Project Engineering that puts up speed limit signs, stop signs, etc. Channelization. The tribe incorporates channelization into the planning and design process. Road reconfiguration. The tribe does not currently have a road reconfiguration program, but there are several proposed road reconfiguration projects on the TIP list. Speed control. The tribal police handle speed control on the reservation, and BIA engineer and Project Engineers handle speed control as it pertains to road design. Pedestrian/bicycle/sidewalk safety. The tribe does not have a pedestrian safety program. Child car seats. Tribal police and the IHS departments have child car seat programs. Seat belt safety. Tribal police and the IHS departments implement seat belt safety programs. Safe routes to schools. The above-mentioned signalized crosswalk was installed to allow some students to walk to school. The tribe also buses students to the nearby large city schools.

59 Alcoholism counseling or intervention related to the opera- tion of motor vehicles. Tribal police handle vehicle and alco- holism issues. Innovations/TTAP Assistance The tribe has worked hard at retrofitting existing streets with sidewalks and including sidewalks in the design of new streets. The tribe has completed environmental assessments for large areas, up to a 20-year build-out area. Mr. Burdick indi- cated that this is an innovative practice because it allows the tribe to complete a single environmental assessment instead of completing multiple assessments at each phase of projects. This has saved time with regard to design and approval of trans- portation projects. Tribal staff members have attended TTAP seminars held by the Northwest Regional Indian Association. Desired Changes Mr. Burdick indicated that the one change he would most like to see is a more responsive BIA. He indicated that the tribes would rather perform their own planning, design, and review processes, and seek approval from FHWA instead of BIA.

60 Alaska Craig Community Association P.O. Box 828 Craig, AK 99921 Date: September 23, 2005 Revised: January 6, 2006 Contact Information: Sam Thomas, Transportation Planner Telephone: 907-826-3998 E-mail: crabbay13@hotmail.com Basic Tribal Data and Structure The Craig Community Association had a 2000 census popu- lation of 640. The tribe does not have any land. The tribal gover- nance structure consists of a president, vice-president, secretary, and treasurer. However, this structure, as Mr. Thomas notes, is distinct from Alaska’s Native Village Corporations, and the two entities are not always working harmoniously because of varying agendas, with the corporations more oriented to resource devel- opment. The tribe, on the other hand, does have an Environmen- tal Department that works on protection of local watersheds, restoration projects, enhancement projects, solid waste manage- ment, and other ecological enhancement-type projects. The tribe is one of four tribes inhabiting Prince of Wales Island, a large island on the southeastern coast of Alaska, 70% of which is owned by the U.S. Department of Agriculture (USDA) Forest Service. Transportation Responsibilities The Craig Community Association operates its own trans- portation program, contracts with BIA, and contracts with Rodney P. Kinney Associates, Inc., in Eagle River, Alaska, for part of its transportation program. The transportation program includes the following compo- nents: • Preparation and maintenance of a long-range transporta- tion plan • Preparation and maintenance of a capital budget or capital improvement program • Design and construction of new roads • Overseeing contractors in construction projects • Maintenance of an inventory of transportation facilities, including: – Road and rights-of-way – Bridges – Crash data. The issue of crash data bears some additional scrutiny, given the tribe’s situation with regard to land and roads. Mr. Thomas says it is hard to get crash data from the state because, unless the crash occurs on a numbered state highway, the data are simply dumped into a single database that does not differentiate loca- tions; one must know the date and time of the crash to retrieve the data. “We are trying to get the state and city to develop a bet- ter database,” Mr. Thomas says. Local crash data are more eas- ily obtained from local emergency medical services because “they are the primary responders to any crashes. We are work- ing collaboratively with them on an appropriate way to net- work” that type of data. The tribe is in an interesting position with regard to its BIA roads inventory. Because IRR funds are now allocated and pri- oritized based on roads inventories, it is critical for the tribe to get its fair share by properly documenting the full extent of the roads for which it has responsibility or that are important to the tribe, whether it be for cultural, historical, food-gathering, or other reasons. Roads outside the tribe’s jurisdictional boundary are especially important to the tribe because there are no reser- vation lands, unlike tribes in the continental United States. Because the USDA Forest Service owns most land on Prince of Wales Island, the most important negotiations in developing that inventory occurred in cooperation with that agency. There are, says Mr. Thomas, 2,800 miles of roads on the third-largest island in North America, of which the Forest Service owns 1,900 miles. The tribe and the Forest Service worked out a clear division of road miles on Prince of Wales with the four tribes based on migration patterns, cultural importance, historical importance, and traditional food-gathering locations along with similar considerations. The result was a memorandum of under- standing (MOU) with the agency on which roads the tribe would be allowed to place in the inventory. Where the Forest Service would identify within that MOU that it does not have adequate funding to maintain roads, the tribe is eligible for 100% fund- ing; otherwise, it is allowed only to draw down 20% of its base allocation. The tribe is now adding some 400 extra miles to a base that consisted in 2000 of 4.2 miles and now totals 46.5 miles. The tribe must still work out similar understandings with the Alaskan native corporations concerning 1,000 miles of other roads in the region. The transportation program does not include the following components: • Maintenance of existing roads • Sign inventory Alaska

61 • Pavement management system inventory • Transportation safety program • Operation of a public transportation system • Construction or maintenance of sidewalks • Construction of maintenance of bikeways or bike lanes • Operation of air, freight, rail, port, or multi-modal facilities It is worth noting that, given the context described earlier, there are new elements of local transportation coming into play for the tribe, whether individually or in cooperation with other jurisdictions on the island, including the city of Craig, with which, Mr. Thomas says, the tribe has an excellent working rela- tionship. They are developing, he says, an island-wide commu- nity transportation program. Prince of Wales Island developed its own ferry system apart from the state of Alaska’s Alaska Marine Highway System. This system is called the Inter-Island Ferry Authority with service from Hollis to Ketchikan, and another ferry servicing the northern portion of the island and going to Wrangell and Petersburg and back to Coffman Cove. The tribe is planning to get buses for its island-wide community transporta- tion system. The tribe must find a $50,000 match for the funds provided out of an “earmark” out of the Job, Access, and Reverse Commute Program. These are a dollar-for-dollar match program. The tribe has identified USDA economic and community devel- opment funds as a potential funding source for its maintenance and dispatch facility. Finally, there is a plan to provide pedestrian access to points of interest throughout the island that will “prob- ably access six communities,” with “lots of opportunities for ecology tours” and similar recreational activities. Staff The tribe reports one full-time staff person working on trans- portation programs. That person is a professional planner. There are no engineers on staff. Professional qualifications of other staff persons working on transportation programs are “common knowledge of tribal needs and the ability to seek alternative funding to possibly achieve the goals and objectives spelled out in our plan.” The transportation staff reports directly to the tribal council as a whole. The tribe does have a training program for staff working on transportation projects. According to Mr. Thomas, “we plan it out through our program dollars either through BIA 2 percent plan- ning funds or our tribal shares dollars, along with scholarships from some of the sponsors of the agencies putting on the training.” Planning The current transportation plan was prepared or updated in 2005 by Sam Thomas. According to Mr. Thomas, the time frame for the plan is “on-going. Depends on when all the defi- ciencies are complete within the plan.” The plan was adopted by the governing body of the tribe in 2005. Three significant proposals contained in the plans are: • Island-wide community transportation system for Prince of Wales Island • Alternative ways on and off Prince of Wales Island • Dust control over paving streets within Craig Mr. Thomas indicates that none of the plans have been imple- mented to date. Citizen participation was included in the planning process in the form of an advertisement in the local newspaper indi- cating that the draft plan was available for public comment for 30 days. The plan contained linkage with the following other activities: • Land-use planning • Public utilities, including water and sewer • Historic preservation, cultural resources, and archaeology • Community and economic development • Need Coordination with Outside Agencies BIA. Daily coordination. U.S.DOT. None. Other federal agencies. According to Mr. Thomas, “we’re trying to get the federal agencies educated in their responsibili- ties and duties to consult or coordinate with tribes in their decision-making process within transportation-related issues. It’s a challenge, but we are making slow progress.” Regional councils of governments. None. State transportation agencies. According to Mr. Thomas, “we want to be involved in the process of the development of the State Transportation Improvement Plan but, since they don’t acknowledge tribal sovereignty, we are not at the table.” One issue that is particularly contentious involves the 12.2-mile Point St. Nicholas Road project, a joint project of the Alaska Department of Transportation and Public Facilities (AKDOT & PF) and BIA. Mr. Thomas says that the final rule that came into effect on August 14, 2004, requires BIA to allocate tribal shares of IRR funds based on inventory. Under Section 1939 of the IRR program, the tribe was exempted from the final rule, which would have made the tribe pre-allocate its tribal shares that came into effect October 14, 2004. “We didn’t feel we should have to do that,” he says. Instead, the tribe turned to the Alaska con- gressional delegation, winning the support of U.S. Rep. Don Young, who helped exempt this and several other projects from the final rule. The tribe then got $3 million in additional funding for its 5.3 miles of the project, out of the state’s high-priority program, but the state then moved to take the $3 million out of its State TIP), effectively negating the allocation. Mr. Thomas says FHWA is now “looking into the legality” of the state offsetting dollars in that manner. Meanwhile, the tribe’s design and environmental documentation will go out for public review in February, followed by review periods for comments and changes to the final environmental document before it goes to FHWA for final approval. The tribe has been working on this project since 1993. Other transportation providers. None. Funding/Major Projects Mr. Thomas did not list operating expenses for trans- portation. He did list BIA as the only source of revenue. Mr. Thomas cites the pending programs and funds cited above as reasons for being unable to provide greater certainty about current funding.

Mr. Thomas did not list capital expenditures for transporta- tion projects. Mr. Thomas did not list any major projects that were com- pleted in the last year. Unmet Needs The three greatest unmet needs are seen as: • Communication with federal and state agencies in identi- fying our needs • Funding, inventory, and design • Deficient bridges Maintenance Maintenance of roads, including roads providing access to the reservation, is in the planning stages. Bridges are currently under a maintenance structure plan. Public transit maintenance is in the planning stage. Mr. Thomas did not list maintenance 62 programs for right-of-way, sidewalks and pedestrian facilities, bikeways and bike lanes, and signs. Safety Programs The main safety initiative, according to Mr. Thomas, is that the tribe is trying to install lighting for intersections and cross- walks to improve pedestrian safety in areas where they might otherwise be poorly marked. Innovations/Unmet Needs Mr. Thomas did not list any innovative practices that are employed by his tribe’s transportation program. The tribe has utilized TTAP assistance. Mr. Thomas did not indicate the type of assistance that TTAP provided. Desired Changes Mr. Thomas did not list any desired changes to tribal trans- portation programs.

63 North Carolina Eastern Band of Cherokee Indians P.O. Box 2400 Cherokee, NC 28719 Date: July 25, 2005 Revised: May 26, 2006 Contact Information: Barak Myers, Transportation Planner Telephone: 828-497-1867 E-mail: baramyer@nc-cherokee.com Kathy Littlejohn, Transit Manager Telephone: 828-497-7974 E-mail: kathlitt@nc-cherokee.com (Survey was initially completed by Ned Long, but supplemented later through a telephone interview with Barak Myers, his succes- sor, and then with Kathy Littlejohn concerning transit programs.) Basic Tribal Data and Structure The Eastern Band of Cherokee Indians had a 2000 census population of 8,166. The tribe’s total land area is approximately 56,700 acres. The governance structure of the tribe consists of three branches—legislative, judicial, and executive. The princi- pal chief and vice-chief, both serving four-year terms, lead the executive branch, whereas the legislative branch has a 12-mem- ber council serving two-year terms. This branch is also respon- sible for managing tribal property and resolving land disputes. Transportation Responsibilities The Eastern Band of Cherokee Indians operates its own transportation program under a P.L. 93-638 contract. It includes the following elements, all managed by the tribe: • Preparation and maintenance of a long-range transporta- tion plan • Preparation and maintenance of a capital budget or capital improvement program • Design and construction of new roads • Overseeing contractors in construction projects • Maintenance of existing roads • Operation of a public transportation system • Construction or maintenance of sidewalks • Maintenance of an inventory of transportation facilities, including the following: – Road and rights-of-way – Pavement management system – Bridges – Signs. The transit program is a significant element in the tribe’s overall transportation operations. “We provide safe and reliable transportation for all residents and visitors to the Qualla Bound- ary and Snowbird communities,” says Ms. Littlejohn. The sys- tem operates transit throughout the boundary (the Eastern Cherokee land area), running fixed, scheduled routes seven days a week during the tourist season, May through December, from 5:30 a.m. until 6:15 p.m., with a less extensive schedule during the off-season. However, the tribe also runs deviated routes in which, if someone calls in for a ride, drivers on regular routes “can swing by and pick them up as well.” Within the town, the routes operate on a set schedule with three covered bus stops and benches at other places throughout the town. The buses stop at all major chain hotels, except for a couple that are within walk- ing distance of the casino. One fixed route started last year “mainly because the casino had offered free rooms to their guests and paid for blocks of rooms at the hotels.” The hotels were providing their own shuttles, but the arrangement, which was very expensive and required personnel the hotels could not always spare, did not work out. Consequently, the hotels con- tacted the tribal transit program, which contracted to provide them with shuttle service. To provide service to the public as well, the transit program purchased wooden tokens, which they bag and sell to the hotels at 100 for $90, which the hotels can then either resell or give to their customers, who “pay us $1 or a token.” A new element of the ridership is that the buses pick up foreign workers now at the hotels, who need to “get across town quickly to work.” In addition to the existing service, the tribe has a new Conges- tion Management and Air Quality federal grant to provide fixed, scheduled shuttle service to the Great Smoky Mountains National Park, approximately 35 miles away. The entrance to the park is at the boundary of the Cherokee lands. This service serves several purposes: Many visitors to the park do not want to drive into the mountains, but the tribe suffers from the same problems of traffic congestion and air pollution as the park because businesses strug- gle to “find a flat spot to locate, with no parking available” along curvy, mountainous roads. The transit service also contracts with area county social services departments to transport Medicaid and dialysis patients for medical appointments. There is no schedule for these appointments; “we just work in drivers as we can.” It should also be noted that outside the direct tribal opera- tions, an institution that began in the 1930s and is now known as the Boys Club (originally the Cherokee Boys Farm Club), North Carolina

which has its own staff and board of directors apart from tribal government, operates its own charter bus service, largely for such purposes as transportation to sporting events and activities. Cherokee Central Schools, which has its own P.L. 93-638 con- tract with BIA, subcontract with the Boys Club for school bus service. Staff The tribe’s transportation staff is contained within the Operations Division of the tribal government. Within that division, Central Engineering contains the transit operations, for which Kathy Littlejohn serves as the transit manager. The division also contains the tribe’s DOT, tribal roads, environ- mental resources, fire department, emergency medical ser- vices, and Central Dispatch. The tribe reports 25 full-time staff persons working on road transportation programs, including one professional planner and no engineers. The Cherokee DOT staff reports to Denning Rochester, the DOT manager. Although the Cherokee DOT has no engineers, the tribe does have an engineering division. Ms. Littlejohn reports that the transit program has 22 permanent full-time and four temporary workers, for an FTE total of 26. Altogether, then, the tribe has a combined FTE of 51 devoted to its various transportation programs. Ultimately, all of these employees are under the supervision of Eddy Husky, the chief of the Operations Division. Mr. Barak indicated that the TTAP provides training on heavy equipment operation, GIS, and computer-aided dis- patch. In addition, “BIA may offer some types of assistance here and there.” Tribal members make up most of Cherokee DOT staff. If they find classes on their own that they feel are pertinent, they can apply through the tribe’s education and training department to receive funds to take classes, such as carpentry, welding, etc. On the transit side, Ms. Littlejohn reports that, using a grant in which she included such training, her staff began three years ago to conduct training as part of a regional transit rodeo, under a program run statewide by the North Carolina DOT (NCDOT), “more to put transit in people’s minds than anything.” The tribe invites seven other county systems to close down for the day and come to Cherokee to participate in the rodeo, with trophies for the rodeo winners, who go on to compete in the state rodeo. Skills tested include driving, wheelchair securement, and vehi- cle inspection. Planning The current transportation plan was prepared or updated in 1994 by Kimley–Horn and Associates. The time frame for the plan is 20 years. The tribe’s governing body adopted the plan in 1994 or 1995. Three significant proposals contained in the plan are: • Renovating downtown streetscape • Reconstruction and widening of US-19 • Reconstruction and widening of US-441 Approximately 40% of the plan has been implemented. 64 Citizen participation was part of the planning process in the form of public hearings, public meetings, and a survey. The plan contains linkage with the following other activities: • Land-use planning • Historic preservation • Community and economic development The transit program has its own separate transportation development plan, which is updated once every five years for the state DOT. The new one will be completed in the summer of 2006, covering the 2006–2011 time period. Ms. Littlejohn says that, under SAFETEA-LU, the transit program “may have to show up in the transportation plan,” something that has not hap- pened previously. Coordination with Outside Agencies BIA. The tribe operates under a P.L. 93-638 contract with BIA. “We come up with a priority list of projects, and then BIA contracts with Cherokee DOT to do those projects.” U.S.DOT. According to Mr. Myers, “None that I know of.” Other federal agencies. None. Regional councils of government. None. State transportation agencies. The tribe works closely with NCDOT. Numerous NCDOT roads lead into and out of the reservation, and NCDOT is a major funder of the transit program. Other transportation providers. The tribe works with United South and Eastern Tribes, Inc., a group consisting of tribes east of the Mississippi River. They serve on different committees, such as transportation planning. The state is considering the con- solidation of its rural transit programs, so that several counties in western North Carolina may combine their transit agencies. The tribe is currently participating in a study examining this idea, but also feels that its sovereignty allows it to opt out of such an arrangement if it decides not to join. Funding/Major Projects Ms. Littlejohn indicated that the transit program for FY 2006 has an administrative grant for $121,509 and a capital grant for $64,382, both from the NCDOT. These are actually maximum amounts of eligible reimbursements under which the tribe is reimbursed 85 cents for every dollar spent. In addition, the transit program collected $192,000 in fares, which include negotiated payments from county social services agencies for transporting Medicaid and dialysis patients, as well as payments from the tribal senior citizen program for daily pickups of seniors for shopping trips and the like. Mr. Myers listed as major projects completed within the last year: • Wrights Creek Road design and overlay. • Tow String Bridge project, which involved tearing down and rebuilding a major bridge. • Getting right-of-way from the state on US Highway 19 in connection with the opening of the casino.

65 Unmet Needs The three greatest unmet needs, as seen by Cherokee DOT, are seen as: • Maintenance funding • Construction funding • Equipment funding In addition, for the transit program, replacement of vehicles is “critical” because their replacement by the state is “slow.” Maintenance Maintenance of state roads on the reservation is provided by NCDOT. The tribe and BIA maintain and fund tribal roads. Cherokee DOT employees perform maintenance. BIA and the tribe maintain bridges. Cherokee DOT acquires the right-of-way and installs and maintains signs on BIA and tribal roads. NCDOT installs and maintains signs on state roads. The tribal public transportation program is funded using tribal funds. Safety Programs Signalization. The tribe is installing new pedestrian walk/don’t walk signs. Signage. The tribe is installing speed limit signs and providing more clear indications of traffic patterns such as intersections. Road reconfiguration. The tribe is working with NCDOT on road reconfigurations. It is not directly involved with construc- tion but with plans for reconfiguring roads through the reserva- tion for better traffic flow on existing roadways. Pedestrian/bicycle/sidewalk safety. Sidewalk construction is increasing to assist pedestrians. The tribe is installing more guard rails, and trying to get a full-fledged transit system up and running to move across town, using scheduled buses at stops in town. Child car seats. The tribe has a child car seat program, pro- vided by Cherokee Choices and Healthy Cherokee, the public health program. They have some situations with families in dire need who welcome the chance to get a child seat. Seat belt safety. The tribe has a seat belt usage program. The program tries to post percentage changes in seat belt usage over time. Throughout North Carolina, most counties have a program like this. Safe routes to schools. “Right now,” notes Mr. Myers, “we are in the process of relocating our school system. Feasibility studies will be done in the near future to determine safer routes to schools that buses can take or for parents taking children. Police officers direct traffic, with one at each exit and entry of elementary schools. There are main traffic signals where buses go to elemen- tary schools and then to high school and junior high with another officer to let them in and out, morning and afternoon. Alcoholism counseling or intervention related to operation of vehicles. Healthy Cherokee puts on a program, and there is also a rehabilitation center located on the reservation. In addi- tion, several churches in the community offer Alcoholics Anonymous meetings and prevention meetings. Innovation/TTAP Assistance Mr. Myers suggested that other tribes may wish to use P.L. 93-638 contracts to take over their own programs. However, it would appear that the transit program is consistently innovative in finding new ways to finance and implement service for a mixed population of tourists, tribal members, and guest work- ers. The new Congestion Management and Air Quality grant for shuttle service into the Great Smoky Mountains National Park would certainly constitute an example of such innovation, par- ticularly in view of its combined economic development and environmental implications. The tribe has utilized the TTAP program through workshops and training classes and through information on how to better run the transportation program. However, Ms. Littlejohn says TTAP has had little to offer for transit programs specifically. Challenges to transportation programs are seen as a lack of BIA funding for construction and maintenance. The tribe has been able to put in its own money to provide service to members. Desired Changes Ms. Littlejohn says it is possible that a comprehensive plan that includes transit could avert some future problems by accounting for transit access when a new housing develop- ment is built and roads are needed. Toward this end, she says, her “boss started having weekly meetings with DOT, water and sewer, and other programs, once a week to talk about projects.” She also states that she would like to see the creation of a National Association for Tribal Transit because other trans- portation personnel do not talk about transit.

66 Wyoming Eastern Shoshone and Northern Arapahoe P.O. Box 217 Fort Washakie, WY 82514 Date: June 7, 2005 Revised: July 27, 2006 Contact Information: John P. Smith, Transportation Planner Telephone: 307-335-7669 E-mail: Johnsmith@wyoming.com Basic Tribal Data and Structure The Eastern Shoshone and Northern Arapahoe have a 2000 census population of 7,711. The tribes’ total land area is 2.2 mil- lion acres. According to Mr. Smith, the governance structure for the tribe is an unorganized joint business council. This 12-mem- ber body includes the six members of each tribe’s business council, all of whom are elected to two-year terms. Transportation Responsibilities The Eastern Shoshone and Northern Arapahoe operate their own transportation program and contract with BIA for some transportation functions. The transportation program includes the following activities: • Preparation and maintenance of a long-range transporta- tion plan (by tribe) • Preparation and maintenance a capital budget or capital improvement program (by tribe) • Design and construction of new roads (BIA currently han- dling, but tribe is seeking a P.L. 93-638 contract; they are working on the scope of work under new rules) • Overseeing contractors in construction projects (by tribe) • Maintenance of existing roads (BIA handles, except for state or county maintenance of their own roads) • Construction or maintenance of sidewalks. These are done under transportation enhancement programs, under which the tribe applies to the state for bike paths and walkways. A couple of communities are currently connected with bike paths and sidewalks built by the tribe • Operation of a transportation safety program • Operation of a public transportation program, in conjunc- tion with Fremont County and the Wind River Transit Authority (WRTA) On the last point, the tribe’s senior center has its own service, as do the dialysis center and community center. WRTA is actu- ally a free-standing transit organization, operated with state and county funds, chartered by the state as a regional authority. In addition, there is a bus line for the junior college, and a service for the Head Start program. Additionally, the transportation program includes an inven- tory of transportation facilities, done by an outside consultant, consisting of the following: • Road and rights-of-way • Bridges • Signs. Staff As of April 2006, four FTE staff persons work on transporta- tion programs, including one professional planner and three lab technicians. The tribe’s lone engineer moved to the Environ- mental Quality Commission, but the tribe is planning to fill the vacant position. The transportation staff reports to the joint busi- ness council of the Eastern Shoshone and Northern Arapahoe tribes. The staff is developing a transportation division, which will be managing transit. The tribe already had a plan in progress in conjunction with the county that had a tribal aspect to the Regional Transit Authority, running a route inside the WRTA. Continuing education for transportation staff is provided through 402 funds from the state of Wyoming. The tribe secured a training grant from FHWA for six additional technicians, whose training began in April 2006. Planning The previous transportation plan was completed in 1994, with a five-year time frame, and another plan is in the process of com- pletion. The plan was prepared by consultant Jack Noblitt and Associates in Cheyenne, Wyoming, and was adopted by the tribal Joint Business Council in 1994. The new plan, prepared by PAIKI, was adopted by the joint business council on March 28, 2006. Three significant proposals contained in the new plan, none of it implemented yet, include: • Vessel Road—new construction • Boulder Flat East—new construction • Housing streets—renovations at eight housing sites, Wyoming

67 replacing asphalt, curb and gutter, sidewalks, and relocat- ing utilities Citizen participation in plan development took place in the form of: • Public hearings • Public meetings The transportation plan contains linkage to the following planning activities: • Land-use planning • Public utilities, including water and sewer • Historic preservation, cultural resources, and archaeology • Community and economic development With regard to land-use planning, Mr. Smith says the new plan is a spin-off of the old land-use plan, “which has not been adopted by the council,” but was completed a year earlier, and part of which was used in documentation for the new plan. The land-use provi- sions address health care, social services, gravel and cinderblock, and industrial park areas on the construction priority list. With regard to economic development, the tribe has laid fiber optic lines. Coordination with Outside Agencies BIA. The tribe is part of a regional transportation planners association, and “[we] develop our communication with BIA (Rocky Mountain Region, covering Montana and Wyoming) that way, by means of meetings and communications by letter and telephone.” The Western States Transportation Officials include Montana, Wyoming, Nebraska, Arizona, New Mexico, Washington, Oregon, and California, and has an Indian portion of its agenda. U.S.DOT. Mr. Smith indicated that the tribe coordinates with U.S.DOT through FHWA. He noted that FHWA had a “rollout meeting” in April in Lead, South Dakota, for the Great Plains and Rocky Mountain regions to “explain services in the new highway bill.” The tribe also coordinates with FTA because of its transit services. Regional councils of government. There is a county–tribe transportation committee in Fremont County. State transportation agencies. Mr. Smith indicates that the tribe coordinates with the state of Wyoming, attending “all the state meetings” of the Wyoming DOT, and individual meetings as required by specific projects. Dan Kline is the state planner who serves as a tribal liaison. Other transportation providers. As noted earlier, the tribe works with the WRTA, which provides regional transit service. Funding/Major Projects Operating expenses for 2004 were $3.9 million, which came from BIA, state, and tribal sources. Mr. Smith did not indicate the tribes’ capital expenditures for transportation projects in 2004. Mr. Smith indicated no major project that was completed in the last year. Unmet Needs Mr. Smith indicated that the greatest unmet needs in regards to the tribes’ transportation programs are: • 17-mile road reconstruction • Plunkett Road reconstruction • Little Shield Road new construction The latter two were “in progress,” and need to be finished, but there is “not enough money.” Maintenance BIA provides maintenance of roads, including those that pro- vide access to the reservation. BIA also provides maintenance for bridges, sidewalks, pedestrian facilities, bikeways and bike lanes, and signs. Fremont County and the tribes maintain public transportation facilities. Safety Programs The tribe operates a safety program, which includes the fol- lowing components: • Signalization. BIA handles this. • Signage. Also done by BIA. • Channelization. This is managed by either BIA or the state, depending on whose roads are involved. • Road reconfiguration. This is handled by both the tribe and BIA. • Speed control. This is enforced by BIA federal police. • Pedestrian/bicycle/sidewalk safety. The IHS has an injury prevention specialist on its staff, and conducts bicycle training seminars. • Child car seats. IHS has an Indian highway safety program to provide car seats. • Seat belt safety. Same as with child car seats. • Safe routes to schools. School buses take children to school. • Alcoholism counseling or intervention related to the oper- ation of vehicles. Tribal courts address this problem with referrals to a counseling program. Innovations/TTAP Assistance Mr. Smith indicates that one innovative practice that the tribe has initiated is a laboratory facility for quality assurance. This laboratory takes on state and county projects from all over the state, contracting for other jobs. The tribe has utilized TTAP assistance for transportation planning and safety programs, including flagging. Mr. Smith indicated that his tribal transportation program has had problems with finding a skilled workforce. Desired Changes One change that Mr. Smith indicates he would like to see is direct funding for transportation projects to the tribe. He would like to be able to go directly to FHWA.

68 Alaska Native Village of Eyak P.O. Box 1388 Cordova, AK 99574 Date: June 30, 2005 Revised: May 12, 2006 Contact Information: Joe Kompkoff, Road Planner/Community Development Specialist Telephone: 907-424-7738 E-mail: joek@nveyak.org Bruce Cain, Executive Director of Village Telephone: 907-424-7738 E-mail: bruce@nveyak.org Basic Tribal Data and Structure The Native Village of Eyak had a 2000 census population of 379 persons. According to Mr. Kompkoff, its total land area consisted of 0.25 acre. The village has a tribal council of five members, with a president elected separately, specifically for that post. Council members are elected at-large for two years. Transportation Responsibilities The Native Village of Eyak is now in the process of taking over transportation responsibilities from the city and the state of Alaska by getting involved with the IRR program of the BIA. The program includes the following components: • Preparation of a long-range transportation plan by tribal planners • Maintenance of a public transit system in the form of rides to take the village elders to the airport, doctor appointments, and grocery stores, among other common destinations The tribe also maintains an inventory of transportation facil- ities with the following components: • Road and rights-of-way • Bridges • Deep water port • Vessel launching and staging areas. Staff Two people devote part of their time to the subject—himself and Bruce Cain, the executive director, who “helps as needed.” Mr. Kompkoff reports that presently “90 percent of my time” is spent on transportation while doing the current road inventory. The staff does not include any professional planners or engineers, and the tribe engages consultants when their expertise is required. Mr. Kompkoff came to his job as a former commercial fisherman getting “on-the-job training” as a transportation planner. Training consists of “going to Anchorage, Fairbanks, or Spokane, Washington, for information seminars on tribal trans- portation,” coaching from the executive director, and the North- west and Alaska TTAP through the University of Washington. Planning The current transportation plan was completed in May 2005, when it was also adopted by the council. The plan covers the next 20 years and was prepared in-house by tribal staff. None of the plan has yet been implemented. According to Mr. Kompkoff, the plan’s two most significant features are: • Shepherd Point Project. This is a deep water port now undergoing an environmental impact statement. • Whiteshed Extension. This 5.1-mile stretch of road will reach approximately 500 lots belonging to members. Citizen participation in the planning process took the fol- lowing forms: • Public hearings • Public meetings • Website information In addition, Mr. Kompkoff says a survey is “waiting to be done,” and that the website information was posted by the com- pany that conducted the EIS for the Shepherd Point Project. The transportation plan contains linkages with the following other planning activities: • Historic preservation, cultural resources, and archaeology • Community and economic development • Long-range community strategic planning • Housing development • Health care • Education • Access to natural resources Alaska

69 Coordination with Outside Agencies BIA. “We need to funnel everything through BIA for fund- ing or anything,” says Mr. Kompkoff. “It is part of the planning, and they must approve it. They point us in the direction we need to go.” BIA also provides training, such as for using GIS. U.S.DOT. The comments regarding coordination with BIA also apply to the U.S.DOT. Other federal agencies. The first phase of the Whiteshed extension will be started in 2006 with a grant from the Depart- ment of Housing and Urban Development (HUD). The tribe is forming a relationship with the U.S. Forest Service Forest Road Program and the Bureau of Land Management (BLM) Federal Road Program. Regional councils of government. No coordination applies. State transportation agencies. State transportation agencies are part of the planning process, and the tribe needs “okays from them for any projects.” The Alaskan DOT added the Shepherd Point project to their State TIP, although the tribe is encounter- ing difficulty in getting their next priority project, the Whiteshed Extension, on the State TIP. Other transportation providers. The tribe is developing a close relationship with the city of Cordova Public Works Department and is also coordinating the IRR inventory with requests from the Denali Commission Program, a federal and state partnership designed to provide critical utilities, infrastructure, and economic support to distressed rural communities in Alaska. Funding/Major Projects Operating expenses for 2004 were $35,000, all of which was provided from BIA. Most of this funding was spent on prepar- ing the inventory and the long-range plan, which included activ- ities such as GIS training and attending TTAP seminars. Owing to the newness of the tribe’s transportation planning process and a lack of funding, there were no capital expenditures and no major projects have been completed to date. Unmet Needs Funding for construction and maintenance were the two most significant unmet needs. Mr. Cain also reported difficulty working with BIA upper-level management, because they are slow to return phone calls, micro-manage projects, and do not give tribes adequate decision-making power to realize their plans. Maintenance The tribe as yet does not undertake any maintenance related to transportation of any kind, but within the next few years it hopes to develop the capacity to act as a contractor to provide maintenance for other tribes in the region. Safety Programs Currently, the tribe does not manage any safety-related pro- grams of its own. Innovations/TTAP Assistance The main innovation the tribe reports is developing a long- range transportation plan with very little outside support from consultants or agencies. Local hired and directed staff and vol- unteers from the tribal council have done the bulk of the work. The Native Village of Eyak uses the services of the TTAP at Eastern Washington University (EWU) in Spokane. Mr. Kompkoff recently attended a five-day class at EWU under TTAP sponsor- ship. Mr. Cain noted that many tribes do not have the resources to process a lot of the information TTAP provides, so much of their assistance is underutilized. Desired Changes Two primary concerns—lack of money and frequent rules changes by BIA—frustrate the tribe’s transportation program. “They keep changing the rules as we go,” Mr. Kompkoff reports. “There is no consistency on what’s needed, document- wise. You submit something and it’s not complete. The final rule keeps changing.” One solution proposed by Mr. Cain was for the state to hire a tribal liaison who could help coordinate state and tribal transportation projects. IRR money could be matched with federal funding. The problem here is not with policymakers at the Alaska DOT, but rather with lower-level planners at the state DOT who avoid working with the tribes. One example Mr. Cain provided was how Whiteshed Road was originally on the state transportation plan, but when the tribe put the road on its priority list the state canceled the project.

70 Montana Fort Belknap Indian Community R.R. #1 Box 66 Harlem, MT 59526 Date: July 20, 2005 Revised: August 10, 2006 Contact Information: C. John Healy Sr., Transportation Director Phone: 406-353-8469 E-mail: Cjohnhealysr@fortbelknapnations-nsn.gov Basic Tribal Data and Structure According to the American Indian Population and Labor Force Report 2003, the Assiniboine & Gros Ventre Tribes had 6,427 people. The U.S. Census data for 2000 showed the fol- lowing total and minority population figures for the Fort Belk- nap Reservation area: Area Total Population Minority Population Fort Belknap 2,959 2,790 (94.3%) Blaine County 7,009 3,180 (45.4%) Phillips County 4,601 350 (7.6%) The land area for the reservation is 652,593 acres, or approx- imately 970 square miles. In addition, the tribe has obtained 28,731 acres outside the reservation boundaries through its land acquisition program. The 1985 BIA Annual Report of Indian Lands indicated that 188,017 acres were being held in tribal trust. The report identifies 400,738 acres as being individually owned by Indians. The Fort Belknap Indian Reservation was created by an Act of Congress on May 1, 1888 (Stat., L., XXV, 113). The site for the Fort Belknap Agency as the government headquarters was informally established in 1889. The Fort Belknap Agency is located four miles southeast of Harlem, Montana. The male Indian voters accepted the Indian Reorganization Act (IRA) on October 27, 1934. This allowed tribal members of Fort Belknap to establish a constitution and corporate charter. The constitution was adopted on October 19, 1935, and a cor- porate charter on August 25, 1937, in accordance with Section 16 of the IRA. The Fort Belknap Indian Community Council (FBICC) is recognized as the official government body of the Fort Belknap Indian Community (FBIC). A 10-member council, consisting of two Gros Ventre district representatives and two Assiniboine district representatives, two Assiniboine at-large representa- tives, and two Gros Ventre at-large representatives, is elected to serve two-year terms. A Gros Ventre and Assiniboine President/ Vice-President team is elected at-large with the team serving a four-year term. The tribal secretary/treasurer is appointed when the new council members take office. The current FBICC and its administration were seated in November 2003 with 10 new council members. Transportation Responsibilities The FBIC contracts with BIA for its transportation program. The program includes the following components: • Preparation and maintenance of a long-range transporta- tion plan (by tribe) • Design and construction of new roads (by BIA) • Maintenance of existing roads (by tribe) • Maintenance of an inventory of transportation facilities (by tribe) • Operation of a public transportation system (by tribe) • Construction or maintenance of sidewalks (by tribe) • Construction or maintenance of bikeways and bike lanes (by tribe) • Operation of an airstrip (by tribe) With regard to the last component, the tribe is the manager of the Fort Belknap Public Use Airstrip. This is how it is listed under the state’s inventory system, and listed in their handbook issued to all pilots. There are approximately nine of these noncertified public use airstrips throughout Montana, and the Montana Aeronautics Division is responsible for implementing the FAA 5010 Inspec- tion. This inspection is done every five or six years. The inventory of transportation facilities consists of the following: • Road and rights-of-way • Bridges • Signs. The community does not have a pavement management sys- tem currently; however, FHWA within the last couple of years published notice of its intent to adopt such a system as a result of language in TEA-21. BIA has not adopted a uniform system for all tribes to use, but when they do the tribe will include this as part of its own inventory process. Montana

71 Staff The tribe has two FTE staff positions devoted to its trans- portation program. One of these is the transportation director; there is no engineer on staff. The other position requires a bache- lor’s degree in civil technology or a related field. This two-person staff reports to the tribal planning director. The roads maintenance crew consists of the supervisor and four operators. The transit pro- gram consists of the program manager and three drivers. The tribe does not have a formal program for training and continuing education of its transportation staff, but they do attend regional training sponsored by TTAP centers, training sponsored by the regional BIA office, and “basically benefit from years of experience of working with counties and state and federal agencies.” Planning The current transportation plan was prepared by the Trans- portation Director in 2005 and adopted by the tribe’s governing body the same year. It is updated annually. The general purpose of the plan is to identify and evaluate the past, present, and future transportation needs of the reservation. The TIP planning process follows the concept that a transportation system and land-use and economic activities are interdependent. The num- ber and kind of people who live on Fort Belknap and how they use the land determine the number and variety of trips that occur. The location and quality of the transportation facilities influence the development of land and the location of major activities by connecting people with these activities. The major initiatives contained in the plan, all of which have been implemented, include: • Collection of existing data • Community involvement • Transportation meetings, consultations, and analysis • Plan development, data collection, analysis, and establish- ment of priorities Citizen participation was part of the planning process and took the following forms: • Public hearings • Survey In addition, the transportation plan contains linkages with the following other planning activities by the tribes: • Land-use planning • Public utilities, including water and sewer • Historic preservation, cultural resources, and archaeology • Community and economic development The tribe also specified the following information as data included in the transportation plan: • Transportation data: – Highway and street improvements – Mileage data on IRR system – Construction plans on IRR system – Airstrip improvements – Maintenance program schedule and activities – Data gathered during the annual BIA road inventory – TEA-21 Negotiated Rulemaking Committee – P.L. 93-638 information • Socioeconomic and environmental data: – Existing and proposed land-use patterns – Proposed economic development plans – Demographic data from Census 2000 – Natural resources data Coordination with Outside Agencies BIA. Coordination with BIA is accomplished through the transportation plan and committee meetings. Several years ago the Transportation Director set up an Infrastructure Develop- ment Committee that consists of representatives from BIA, util- ities, the tribal planning office, Idaho Community Development Block Grant Program, Housing, and Solid Waste. Meetings are held on a quarterly basis. U.S.DOT. “Through the contacts I have made in the past 10 years and my involvement on the ITA Executive Committee we keep involved and updated on issues of importance,” Mr. Healy reports. Other federal agencies. The answer for U.S.DOT would apply to other federal agencies such as HUD. Regional councils of government. Regionally, the trans- portation planners in the Rocky Mountain Region work with a transportation subcommittee under the Montana/Wyoming Tribal Leaders Council based out of Billings. The council is composed of either tribal chairmen or their representatives from each reservation in the region and addresses issues for tribes on a regional level. This has proven to be helpful in demonstrating consensus on a regional level when submitting comments on CFR notices or federal highway legislation. The Great Plains Region (North Dakota and South Dakota) has a similar organi- zation and meets with the Montana/Wyoming Tribal Leaders Council on issues of importance. State transportation agencies. The tribe and the MDT have an overall MOU in place that covers all state highway construc- tion projects that come through the reservation. Project specific agreements are signed that address the specifics of each project, and pre-bid meetings are held with potential bidders. These MOUs are for a period of six years, and the tribe is currently renegotiating its MOU. One issue still on the table concerns con- struction projects “on or near” the reservation, and the applica- bility of the tribe’s tribal employment opportunity tribal employee rights office (TERO) laws to these projects. No sin- gle definition of “on or near” has ever been accepted, a situation that has prevailed ever since the passage of ISTEA in 1991. FHWA has a couple of different definitions, as seen in Title 23 USC. However, the states do not necessarily recognize these definitions. A tribal liaison has been appointed under the Director of MDT. The liaison is to coordinate with all tribal governments in the state with regard to transportation issues. In addition, the tribe and the MDT meet on a quarterly basis to discuss trans- portation issues. Other transportation providers. The Transportation Director is a member of a local Transportation Advisory Committee

(TAC). Several years ago the TAC was sent up by an organiza- tion off reservation that was applying for a capital assistance grant under the MDT. Under these guidelines, there must be a TAC for the service area and the capital assistance grants must be reviewed and approved by the TAC. Representatives on the committee consist of: • Public transportation providers • Development disabilities organizations • Senior citizens centers • Hospitals, nursing home, retirement facilities • Mental health centers • Other interested citizens Funding/Major Projects Operating expenses totaled $62,000 in FY 2004, all of which came from BIA. Capital expenditures totaled $2.9 million. The main projects completed in the last fiscal year included: • BIA Route #8 (rebuilt in slopes, fixed shoulders) • BIA Route #112 (reconstruct road, install box culvert, gravel, double-shot chip seal) • Bikeway/pedestrian path from the junction of BIA Route #1 and BIA Route #3 to the high school with a pedestrian bridge (started) • Old Hays Subdivision (complete concrete sidewalks and drive pads) • Whitecow Canyon Road (constructed streets, curb and gutter, storm drains) • Chip seal projects (BIA Routes #8, #11, #129, #3, #1, and #2). Unmet Needs The greatest unmet needs are seen as: • Road maintenance funding • Construction funding • Private roads maintenance • Safety funding: There needs to be more coordination/ collaboration with the MDT on the use of Section 402 funds that MDT receives and the use of those funds on the reservation. • MOU: this is a blanket MOU that is intended to address all state highway projects that bisect Indian reservations throughout the state. Fort Belknap is currently in renego- tiations with MDT, and there remain three items of con- tention: – the “on or near” the reservation issue – the increase in TERO fee issue – employment preference issues • Facilities building for transit. Maintenance “In October 2002, the Fort Belknap Indian Community Council assumed control of the BIA Roads Maintenance Pro- gram through a P.L. 93-638 contract. 72 “Looking back several years, Federal Register Notice (Vol. 61, No. 245) published on February 3, 1997, contained a new Road Maintenance Funding Distribution Methodology. This was directed by Congress in the FY 1995 Appropriations Act, P.L. 103-302. BIA Roads Maintenance Program Funds will be made a part of each tribe’s recurring base funding under their Tribal Priority Allocations. “These allocations of Roads Maintenance Funds are supposed to be in addition to the Tribe’s present Tribal Priority Alloca- tions, and are not supposed to affect the present allocations.” Roads. The tribe provides maintenance to all roads currently on BIA Roads Inventory within the boundaries of the reserva- tion. US Highway 2 and Montana State Highway 66 provide access to the reservation; they are on the MDT system and are maintained through the Havre Section Office. The Fort Belknap Indian Reservation is within the MDT Great Falls District. Other facilities. The BIA Road Department handles bridges on the reservation. Tribal Roads Maintenance manages rights- of-way. Both BIA and the tribe handle maintenance of side- walks, whereas Tribal Maintenance handles pedestrian paths and bikeways and bike lanes, as well as signs. Safety Programs The tribe has been a previous recipient of the Indian High- way Safety Grant under the BIA Highway Safety Program. A Traffic Safety Committee was formed to address the many high- way safety initiatives addressed in the grant application, includ- ing some of the items listed here, which have been addressed through the Transportation Planning Department. Although the grant period has ended, the safety initiatives continue through the Transportation Planning Office and BIA. The committee consisted of key players interested in highway safety. The con- cept was to focus on saving lives and preventing suffering by the reduction of accidents. Through expanded partnerships and sharing resources the tribe was able to reduce the number of seri- ous injuries/deaths on the Fort Belknap Indian Reservation. Participants included: • Chief Administrative Officer, FBICC • Chief of Police • Law and Order Committee • Criminal Investigations • Security Supervisor • Fort Belknap Judicial Courts, FBIC • Service Unit Director, Fort Belknap Health Center • Administrative Officer, Fort Belknap Health Center • Maintenance, Fort Belknap Health Center • Superintendent, Fort Belknap BIA • Supervisor, Fort Belknap Roads Maintenance, FBIC • Injury Prevention, Fort Belknap Tribal Health, FBIC • Director, Fort Belknap Head Start, FBIC • President, Fort Belknap College • Superintendent, Harlem Public Schools • Superintendent, Hays/Lodge Pole Public Schools • Superintendent, Dodson Public Schools • Blaine County Commissioner • Transportation Director, Harlem Public Schools • Director, New Horizons Unlimited

73 • Sheriff, Blaine County Sheriff’s Office • Fort Belknap College/Volunteer Fire Department, FBIC • Fire Chief, Fort Belknap Vol. Fire Department, FBIC • Little Rockies Retirement Home With regard to specific safety programs: Roadway safety audits: This is being addressed through the Transportation Planning Department and will consist of a safety audit in reference to signage inventory, pedestrians/bicycle facilities, signalization, channelization, reconfigurations, speed control, and safe bus routes to school. In addition, the tribe is considering entering into an agree- ment with the MDT and FHWA regarding accident reporting software through Cisco. This accident reporting software has various modules and would have the capability of networking several different departments. One criterion to this, however, is that the tribe must be willing to be on-line with the state. This alone has been a matter of contention for several years. Innovations/TTAP Assistance The FBIC was awarded a Capital Assistance Grant for Sec- tion 5310 funding for three 10-passenger Chevy small buses with wheelchair lifts. MDT provided this award under the Capi- tol Assistance Grant, Section 5310 funding, Transportation for the Elderly and Handicapped. Two things are unique about this grant application. To sub- mit the application, an organization had to be a registered 501 (c) (3) nonprofit organization. FBIC found that the Senior Citi- zens Center was not officially registered as such; Mr. Healy made the argument with the state that under Section 7871 of the IRS Code, tribal governments were to be treated on the same level as such organizations. After an exchange of letters between the state’s attorneys and the tribe’s attorneys, the state informed the tribes that they could submit under Sec. 7871. That approval process took almost a year. This was ground breaking in itself because FBIC is the only tribe in the nation to do so with a tran- sit grant. Secondly, the tribe used a portion of its annual alloca- tion of IRR funding for construction towards the match. This is an eligible use of these funds, and the current and previous tribal councils felt that the whole community would benefit from these vehicles. The tribe has utilized the Northern Plains Tribal Technical Assistance, in the past for Commercial Drivers License, and flagger training. For more information on the Indian LTAP centers refer to Final Rule 25 CFR Part 170.161-176. Desired Changes • Consultation and collaboration with tribal governments. As spelled out under the new Highway Bill, H.R. 3, P.L. 109-59, SAFETEA-LU, Sec. 3006 Statewide Transporta- tion Planning (e)(2), this needs to be furthered emphasized with state transportation departments and county officials. • IRR Inventory. Under 25 CFR Part 170 Appendix C to Subpart C (6), what is the source of the construction cost used to generate the cost-to-construct? The elements used to generate the cost-to-construct number should be the same across the board; otherwise, one region may have an advantage over another. • The authority for the Secretary of Transportation to enter into agreements under P.L. 93-638. This would be directly with tribal governments that want to improve their capacity to deliver transportation services to their constituents and are ready to enter into direct government- to-government agreements with the U.S.DOT to accom- plish those goals. • Mechanisms allowing for greater flexibility in transporta- tion financing. Specifically, legislation authorizing the advance payment of reservation road construction funds and the right to pledge those funds for bonds or other financing vehicles that would allow tribes to leverage these funds in creative ways. This approach would allow tribes to meet more quickly the needs of their tribes, their members, and the public that uses roads within the IRR system. Allowing for the leveraging of federal funds would facilitate more efficient and effective use of federal transportation dollars, resulting in increased savings over time. Further, if a tribe were to use the method, they should not be penalized.

74 Wisconsin Ho-Chunk Nation 28902 Highway 21 Tomah, WI 54660 Date: July 27, 2005 Revised: January 9, 2006 Contact Information: Thaddeus Walczak, BIA Roads Project Coordinator Telephone: 608-374-3953 E-mail: twalczak@ho-chunk.com Basic Tribal Data and Structure The Ho-Chunk Nation counts approximately 6,500 regis- tered members. The tribe does not have a reservation, so there is no census count for specific tracts that will match that number. The Ho-Chunk Nation’s 8,400 acres, a number that fluctuates as the result of land sales and purchases over time, consists of a mixture of tribal trust and fee simple lands the tribe has acquired. The Ho-Chunk Nation’s governance structure provides for an elected president, vice-president, and 11-member legislature, all of whom serve concurrent four-year terms. The legislators represent five districts, with one to three representing each dis- trict, based on population and geography. Transportation Responsibilities The Ho-Chunk Nation contracts with BIA for much of its trans- portation program, which includes the following components: • Preparation and maintenance of a long-range transporta- tion plan. (The tribe takes direction from BIA, and occa- sionally contracts with engineering firms that put plans together.) • Preparation and maintenance of a capital budget or capital improvement program. (This is done by the tribe.) • Design and construction of new roads. (Ho-Chunk Nation, BIA, and the engineering firm are all involved in this activ- ity. The firm does the design, and the tribe provides input.) • Overseeing contractors in construction projects. (BIA and the tribe work together on this. This is part of Mr. Wal- czak’s duties.) • Maintenance of existing roads (done by tribe). • Maintenance of an inventory of transportation facilities (jointly done by BIA and Ho-Chunk Nation). • Operation of a transportation safety program. (This is a “fledgling program. We’re just getting up and running with safety issues on the roads.”) • Construction and maintenance of sidewalks (funded by BIA, but administered by the tribe). • Construction or maintenance of bikeways and bike lanes (see below under Safety Programs). The inventory of transportation facilities consists of the following: • Road and rights-of-way • Pavement management system • Signs • Culverts. The Ho-Chunk Nation does not maintain an inventory of bridges, but regarding the culverts, Mr. Walczak notes, “BIA will consider a series of culverts to be a bridge, but it has to be a minimum of 20 ft from end to end and the distance between the culverts can be no more than half the diameter of one cul- vert. In other words, if the span is made up of five-foot culverts, the spacing between the culverts can be no more than two and a half feet and the total distance has to be twenty feet.” Staff The Ho-Chunk Nation has four FTE staff people devoted to transportation programs, none of whom is a professional planner, although one, working as a surveyor, is a professional engineer. Besides the engineer, the staff consists of a project coordinator, the director of the Heavy Equipment and BIA Roads Department, a contracting and project coordinator, and one new field staff member, recently hired. Garrett Blackdeer, the Heavy Equipment Operations Man- ager, is the person to whom this staff reports. He is, in turn, responsible to Tracy Thundercloud, the Director of Housing and Public Works, who is appointed by the President and confirmed by the Legislature and reports to them. Training and continuing education for the transportation staff consist largely of workshops provided through the state of Wisconsin’s Transportation Information Center or BIA. Wisconsin

75 Planning The tribe’s current transportation plan is very recent, having been completed in June 2005, and adopted by the legislature on June 7. This is a five-year plan, but Mr. Walczak reports that the tribe is also currently working on a 20-year plan. The five-year plan was prepared by a Wisconsin-based engineering firm, Vier- bicher and Associates. Mr. Walczak says approximately 10% of the plan has already been implemented. According to Mr. Walczak, three significant features of the plan are: • Development of future roadways • Identification of alternative sources of funding for trans- portation needs • Proposal to link all-terrain vehicle (ATV) trails to tribal facilities Citizen participation in the planning process occurred through the provision of website information concerning the plan. In addition, the transportation plan contains linkages with the following other planning activities by the tribes: • Land-use planning • Public utilities, including sewer and water • Historic preservation, cultural resources, and archaeology • Community and economic development Coordination with Outside Agencies BIA. “We have usually two or three meetings with BIA,” says Mr. Walczak, “regional meetings in Wisconsin or Minneapolis. We use the Ashland [Wisconsin] office for survey, planning, and design of our projects, plus consultation and funding.” U.S.DOT. Any U.S.DOT rules and regulations are funneled to the tribe through BIA. However, the tribe does work on proj- ects with FHWA, and the U.S.DOT does “present information” at tribal meetings with BIA. Other federal agencies. The Ho-Chunk Nation files stormwater management plans with U.S. EPA, which include a stormwater discharge permit application, a construction plan, and a stormwater management plan. This function is handled through the IHS office. Also, any work affecting navigable waters involves a permit application with the U.S. Army Corps of Engineers. Regional councils of government. The tribe is active in 18 different counties and must deal with between 30 and 40 town- ships on construction projects. This includes the need to win township approval for truck traffic to facilitate the tribe’s large projects. State transportation agencies. The Ho-Chunk Nation works with the Wisconsin DOT through its LaCrosse and Madison dis- trict offices. Functions include obtaining traffic information for the tribe’s inventory, such as traffic counts and physical road data. Any tribal involvement with street lighting, culverts, or right-of-way issues require state DOT permits; water and wet- land permits must come from Wisconsin Department of Natural Resources. Other transportation providers. None. Funding/Major Projects Operating expenses and capital expenditures combined totaled more than $1 million last year, but the tribe is unwilling to share budgetary data in greater detail. Approximately 80% of that money came from BIA. The remainder came from tribal revenues, mostly from casino operations. The main projects completed include: • A 0.9-mile road in community in Sauk County that includes a bicycle lane. The project involved a safety issue in which the goal was to redirect traffic from the residen- tial area of the community to an intersection with a traffic light, improving access to the community, which includes a clinic and wellness center. • A 1⁄4-mile road project on Highway 21 in Monroe County for which the tribe widened the intersection, consolidating two driveways into a single entrance into a convenience store and ancillary casino. The change created temporary bypass lanes for people to access the facility, with perma- nent bypass lanes, a median, and lighting to be completed by the spring of 2006. • Reconstruction of 2.2 miles of road in a community in Jackson County, realigning the intersection for better vis- ibility. “The road was failing,” says Mr. Walczak. Unmet Needs Mr. Walczak identified only one great unmet need: “Fund- ing. There is not enough to go around. Maintenance takes a big hit and we have to stretch the dollar. Funding levels from BIA haven’t changed in seven years.” Maintenance The Ho-Chunk Nation has a “638” contract (under a provi- sion of P.L. 93-638) with BIA that spells out what the tribe is required to do with regard to maintenance in exchange for BIA funding. These duties include routine road patrols, identification of problems, and maintaining a schedule for recurring routine duties such as mowing, patching, shoulder maintenance, and trash pickup, plus the grading of gravel roads. The tribe also handles erosion control. The transportation program handles spring sweeping of sidewalks and pedestrian facilities and schedules repairs; during the winter, the roads department plows the main public thoroughfares whereas the housing department plows side- walks and driveways. Bicycle lanes are relatively new for the Ho-Chunk Nation, but eventually the need will arise for striping the lanes on a rota- tion of three to five years. The tribe repairs and replaces signs as needed and evaluates the need for replacement. They are also in the process of checking to see if appropriate markings fit the physical characteristics of roads. The tribe has no public transit facilities to maintain. Safety Programs Signalization. None. Signage. As noted in the previous section, the tribe has taken responsibility for sign maintenance. “We are adding signs as

problem areas come up,” says Mr. Walczak. “We put in night arrows on one corner to reduce a problem, and it worked.” Channelization. There is no program here because the roads are “fairly rural” with no real congestion problems. Road reconfiguration. The tribe will do intersection realign- ment in order to “improve line of sight and make the road more user-friendly.” Speed control. The tribe is installing curves on some rural stretches as a means of slowing traffic. Pedestrians and bicycles. According to Mr. Walczak, “All road construction in new residential areas is including side- walks.” Child car seats. The tribal health clinic (through the IHS) lends seats. Seat belt safety. No program exists in this area. Safe routes to schools. Signs are posted at day care centers. Crosswalks have been painted. Generally, school children are picked up by buses because it’s a rural area. Alcoholism counseling or intervention related to the opera- tion of motor vehicles. The health clinic and the nation’s Depart- ment of Social Services handle these issues. Other safety issues. Concern has arisen about indiscriminate use of ATVs. A proposed ATV ordinance has been drafted and presented to the Ho-Chunk Nation Legislature for consideration. 76 The ordinance is for designating ATV trails away from other populous locations. No action has been taken on this proposal; however, the transportation agency is planning routes for such vehicles. Innovations/TTAP Assistance No innovations were identified in the interview, although the ATV proposal certainly sounds like a potential innovation. The TTAP based at Michigan Technical University in the Upper Peninsula provides access to BIA documents on its website and provides technical training through workshops. The Ho-Chunk Nation has made use of both of these resources. Desired Changes Funding dominated the discussion of desired changes. “We have to stretch dollars and make things do double duty,” says Mr. Walczak. “We make cooperative deals—work with town- ships to combine funding and work. We share roads with town- ships and provide financial assistance.” He adds, “If the feds are going to mandate rules, they need to provide funding to meet those mandates. Provide the means to accomplish them. Sim- plify the programs; some are unnecessarily complex.”

77 California Hoopa Valley Tribe P.O. Box 1348 Hoopa, CA 95546 Date: August 31, 2005 Revised: June 7, 2006 Contact Information: Jacque Hostler, Roads Director Telephone: 530-625-4017 E-mail: huparoads@gmail.com, hvtroads@gmail.com Basic Tribal Data and Structure In the 2000 U.S. Census, the population living on the Hoopa Valley reservation was 2,633, of which 1,983 were tribal mem- bers, with the rest being non-native residents. The tribe’s land consists of a 12-mile by 12-mile square area in northern Cali- fornia, approximately 300 miles north of San Francisco. The tribe’s constitution delineates the authority of the Tribal Council, the tribal membership, and provides for the creation of specific tribal agencies. The Tribal Council is composed of a separately elected chairman and seven other council members, elected from districts for two-year terms, who serve as repre- sentatives to the tribe’s legislative body. The tribal chairman, although a member of the tribal council, oversees the tribe’s bureaucracy. Transportation Responsibilities The tribe operates its own transportation program. The pro- gram includes the following elements: • Preparation and maintenance of a long-range transporta- tion plan • Design and construction of new roads • Overseeing contractors in construction projects • Maintenance of existing roads • Maintenance of inventory of transportation facilities • Construction or maintenance of sidewalks The inventory of transportation facilities includes the following: • Road and rights-of-way • Signs. For construction, there is a public bid process, and the tribe has fostered a regular relationship with the surrounding building community. Staff There is a total of 8.75 in-house FTE staff working on trans- portation programs. They are split between the Roads Department, which has a roads director, an accountant, and two administrative assistants, and the Maintenance Department, which has seven reg- ular employees and up to five more seasonal employees. The roads director previously set up and managed the tribe’s Ready Mix plant and aggregate operations. The accountant previously worked in the tribe’s enterprise accounting office. Before that, she worked as the tribe’s casino manager and as a private practice medical biller. The administrative assistant/records manager attended college and received her degree before working for the tribe. The administra- tive assistant/new construction manager previously managed the tribe’s newspaper. Before that, he served on the tribal council and worked in the tribe’s legal department. The tribe has no profes- sional planners or engineers in its program, and uses a contract engineer who spends approximately one-third of his time with the tribe doing preliminary engineering and construction manage- ment. There is no formal training program for transportation pro- gram staff. Planning The tribe’s current transportation plan was prepared by a con- sultant in 2001 and adopted by the tribal council the same year. It covers the period from 2002 to 2007, a five-year time frame. Approximately 30% of the plan has been implemented to date. Three significant elements contained in the plan were: • Street naming and numbering • Develop welcome center • Develop bicycle and pedestrian trails Citizen participation was part of the planning process and took the following forms: • Charrettes • Public hearings California

• Public meetings • Survey In addition, the transportation plan contains linkages with the following other planning activities by the tribes: • Land-use planning • Public utilities, including water and sewer • Historic preservation, cultural resources, and archaeology • Community and economic development Coordination with Outside Agencies BIA. BIA’s regional roads engineer is the primary contact and works closely with the tribe on each specific project. As a general rule, “agencies inside the Department of the Interior work with tribal interests, provide technical assistance, and cooperate where possible.” U.S.DOT. Coordination occurs “only for specific items, like one-time emergency funding, disaster relief, etc.” Other federal agencies. The tribe has recently begun to access additional funds and programs under SAFETEA-LU through FHWA, and for parklands and Emergency Relief for Federally Owned Roads. Regional councils of government. Humboldt Council of Gov- ernments (HCOG) acts as the regional transportation agency. Seventeen years ago the state legislature passed a law that allowed the tribe a seat on the HCOG board, although this never happened owing to “unresolved legal issues.” Currently, HCOG is consult- ing with each of the eight regional tribes individually to evaluate their needs, although the tribes have expressed interest in more active participation. Together they have formed an intertribal transportation body, which is officially recognized, although the HCOG has not accorded it a seat. Hoopa has recently stepped out and insisted on its own seat according to state legislation. State transportation agencies. The tribe reports limited coop- eration with the California DOT (Caltrans) “on matters of local interest and cooperation.” State highways bisect the reservation and in the past there has been a good relationship with Caltrans, though last year the Caltrans council suggested to the director that they should stop paying TERO taxes on any reservation. Each tribe had their own policy for levying the TERO tax that reinforced hiring qualified tribal members, but now Caltrans has suspended all TERO payments. Recently there has been more dialogue, but the issue is yet to be resolved. Funding/Major Projects Operating expenses in 2004 were approximately $2.5 mil- lion, all of which came from BIA. Capital expenditures in FY 2004 were approximately $1.6 million, most of which consisted of FHWA funds channeled through BIA. Caltrans granted the tribe $60,000 for a downtown redesign project. The main projects included: • Matilton Cutoff realignment: moved road away from nearby cliff face. • Paving Moon Lane, a dirt road paved with federally approved reduced ROW. 78 • Reconstruction of Loop Road, in which a major non-high- way road was reconstructed and sidewalks were added. In FY 2005, the overall budget of the Hoopa Road Depart- ment was $4.8 million, including funds for maintenance, con- struction, the aggregate enterprise, the Ready Mix operation, and Roads Department administration. Deducting $703,703 for the aggregate operation, and a $105,000 aggregate budget used for transportation, $450,000 of BIA construction funding leaves an actual operating expense budget of $3,751,297. The tribe faces high operating costs in large part because of a very rugged topography within the reservation that poses significant safety problems from landslides, severe winter storms, and other sources of traffic obstructions. Capital expenditures totaled $482,250, of which $450,000 was BIA money cited above, the remainder constituting a per- centage of the aggregate budget used for transportation-related capital additions. Currently, there is a $250,000 downtown corridor manage- ment planning grant that the tribe expects HCOG to award in June or July 2006. Unmet Needs The greatest unmet needs are seen as: • Ability to do large projects, such as bridges or major road rerouting. • Maintenance dollars that are used to preserve and extend the life of newly constructed roads. In FY 2005, SAFETEA-LU took effect, and the amount of IRR funds dropped to approximately $450,000 per year. The tribe explained that this was because the method for calculating this amount works against tribes that have a smaller num- ber of miles in their IRR inventory. To get their tribal allo- cation increased the tribe has put a tremendous amount of work into updating their inventory. Maintenance funding, which was $113,000 in FY 2005, covers only 11% of the need. • Lack of training programs to help with, for example, road construction infrastructure (such as development of an aggregate plant, concrete batch plant, hot asphalt plant, etc.) and hazard mitigation. Maintenance For roads that include those providing access to the reserva- tion, the tribe employs year-round crews to clear culverts and ditches, cut back foliage, remove rocks and slide material, and clear school bus routes. The same crews also handle rights-of- way maintenance. Bridge maintenance is handled by Caltrans “when the need arises.” Sidewalks and pedestrian facilities are “too new to evaluate.” Traffic control signs are replaced “only as necessary,” but “there are no residential or other markers.” Safety Programs Signalization. None. Signage. Speed limit, stop, and yellow advisory signs are used.

79 Channelization. None. Road reconfiguration. There are a number of reconfigura- tions on the list of priority projects. One major realignment proj- ect is with a road that comes underneath the state highway and runs up against the river. The road must merge with the high- way, but drivers cannot see traffic adequately. Speed control. This consists of signage plus enforcement by tribal police, state officers, and the sheriff under a joint powers agreement. Pedestrians and bicycles. The tribe uses some crosswalks with pedestrian crossing signs. Parts of the downtown redesign project are more closings and road narrowing to improve pedes- trian safety. Child car seats. The tribe’s annual “Buckle Up Baby” cam- paign makes a limited number of legal car seats available to community members for no charge. Tribal police, state officers, and the sheriff provide enforcement. Seat belt safety. In addition to signage, the joint powers agreement enforces “click it or ticket.” Safe routes to schools. School buses pick up students, and a year and a half ago the three schools, all located on adjacent blocks, installed sidewalks on the main road. Alcoholism counseling or intervention related to the opera- tion of motor vehicles. Tribal court and medical center refers individuals to Alcoholics Anonymous and substance abuse counselors, who are readily available. Innovations/TTAP Assistance The tribe operates the five departments involved with trans- portation issues as private enterprises with the goal that each will stand alone in terms of expenses and profitability. They predicted that this would take five years, although the transportation department was in the black after three full fiscal years and expects that after the fourth fiscal year all departments will be financially solvent. According to the tribe, this is “one of the very few first models for tribes to develop a profitable enterprise.” The five departments are aggregate, Ready Mix, new construc- tion, roads enterprises, and road maintenance. Profits from the aggregate crushing plant, which harvests rocks from tribal river- banks and produces gravel that is sold to Caltrans and county contractors, are “recycled” for the benefit of the tribe, according to an economic development model. The tribe has also been successful in requesting IRR High Priority Project funds to address the problem of a mountain road that has been experiencing slide activity for the last five years. Because the tribe was unable to apply its construction funds to this problem, it got the emergency project approved by BIA, which allowed for the road’s immediate stabilization. This past winter, a severe winter storm washed out more than 40 BIA, county, and tribal roads on the reservation. BIA road repairs were partially covered by Emergency Relief for Federally Owned Roads, the county filed claims for Federal Emergency Management Agency (FEMA), and the tribe attempted to access FEMA to fund repairs to tribal roads. Instead of going through the county, the tribe had to develop a hazard mitigation plan (under the Disaster Mitigation Act of 2000), which required the combined effort of more than 40 tribal departments. The process began in February 2006, and it was due for completion in May 2006. TTAP presented and hosted a long-range transportation plan- ning workshop in Hoopa. These conferences “have proven to be very informative and are highly recommended.” Desired Changes Roads director Hostler reports, “Changes in funding levels for maintenance dollars are urgently needed. By prioritizing maintenance funds, existing infrastructure is preserved.” Cur- rently the tribe is spending more money on maintenance than BIA is paying them for that purpose. Ms. Hostler also said, “It’s important for tribes to establish their own roads departments and find funds to do this. Money is out there, and they can set up their own departments to recycle the money the way Hoopa has done.”

80 Alaska Kawerak, Inc. P.O. Box 948 Nome, AK 99762 Date: July 21, 2005 Revised: June 5, 2006 Contact Information: Melanie McNally, Administrative Assistant for Transportation Programs Denise Michels, Vice-President for Community Services Division Telephone: 907-443-4395 E-mail: transaa@kawerak.org Basic Tribal Data and Structure The 2000 U.S. Census population is 9,197. Its land area totals 22,000 square miles, located in northwestern Alaska. As an Alaskan tribal organization, the Kawerak regional nonprofit operates under the special laws relating to Alaskan natives and is different from typical structures for reservation tribes in the lower 48 states. Its structure is that of a nonprofit organization authorized by 19 of 20 federally recognized tribes in the region. The regional nonprofit board consists of 20 members, either the president or designee of each tribe under the IRA. The board elects its own officers, including chairman and other regular officers. The administrative staff serves under the president and vice-president. The following statement comes from the Kawerak website: The Bering Straits Native Association (BSNA) was formed in 1967 as an association of the Native Villages in the Bering Straits Region. The association was created to advocate for the passage of a Native Land Claims bill. During this time, BSNA received their first grant from the Office of Economic Opportu- nity within the Johnson Administration. After the passage of the Alaska Native Claims Settlement Act in 1971, BSNA organized Kawerak as the regional nonprofit corporation (incorporated under state law in 1973) to provide services throughout the Bering Straits Region. Today, Kawerak contracts with the state and federal governments to provide services to residents of the Bering Strait Region, 75 percent of whom are of Eskimo, Aleut, or American Indian descent. Kawerak’s organizational goal is to assist Alaska Native people and their governing bodies to take control of their future. With programs ranging from education to housing, and natural resource management to economic development, Kawerak seeks to improve the region’s social, economic, educational, cultural, and political conditions. Kawerak is governed by a board of directors comprised of the president (or designee) of the IRA or traditional Councils, two elder representatives, and a representative from the regional health care provider. Kawerak reorganized in 1995, and we now have five divisions. Transportation Responsibilities Kawerak’s transportation programs include the following: • Preparation and maintenance of a long-range transporta- tion plan • Preparation and maintenance of a capital budget or capital improvement program • Design and construction of new roads • Overseeing contractors in construction projects • Maintenance of an inventory of transportation facilities One item of special note for Kawerak is that funding for maintenance of existing IRR roads is passed through Kawerak directly to the individual tribes. The inventory of transportation facilities consists of a road and right-of-way inventory and a bridge inventory. Staff Kawerak has six full-time staff people devoted to transporta- tion programs. Of these, none are professional planners, but one is a professional engineer. The remainder includes an in-house general counsel who is the self-governance director to work on issues involving the tribe’s rights and responsibilities under the contract with BIA, a division vice-president (Denise Michels) who oversees the transportation division, and the chief financial officer and her staff. The transportation staff reports to Denise Michels, who is responsible to the executive vice-president. Training for the transportation staff is largely through the Northwest/Alaska TTAP at Eastern Washington University in Spokane. The staff participates both in conference calls and direct training provided through BIA. Training covers a wide variety of topics, ranging from planning to construction to design. Planning Kawerak does not have a single transportation plan but pre- pares separate plans for each of the 19 participating tribes. Those Alaska

81 plans are currently under development, but Ms. Michels and Ms. McNally indicated that they expect that 9 of the 19 plans will be completed by the end of 2005. The time frame for each plan is 20 years, but tribes are encouraged not to limit them- selves to that perspective and to consider looking forward from 50 to 100 years. Because the plans are essentially a service for each tribe by the nonprofit, it will be up to the tribes to ratify their own indi- vidual plans. The plans are prepared by Kawerak’s staff in con- sultation with a transportation committee in each tribal village, including local citizen participation. Both because there are mul- tiple plans and they are not yet completed, it is not possible at this time to summarize the main proposals they contain. Citizen participation took the following forms: • Public meetings • Survey • Website information In addition, the transportation plan contains linkages with the following other planning activities by the tribes: • Land-use planning • Public utilities, including water and sewer • Historic preservation, cultural resources, and archaeology • Community and economic development • Subsistence use areas The interviewees note, with regard to the linkage with land- use planning, that, “In some villages, they are waiting for deeds to transfer land from native corporations to the cities under 14 (c) (3) of the Alaska Native Claims Settlement Act (ANCSA).” Coordination with Outside Agencies BIA. As noted above, coordination with BIA has included the recent shift from BIA responsibility for transportation programs to the creation of a compact to transfer those responsibilities to Kawerak, with the previous contract from 1999 being phased out at this point. However, BIA retains some responsibilities for those issues involving an inherent federal function. U.S.DOT. Kawerak works with FHWA on the National Environmental Policy Act (NEPA) process, with which it, BIA, and the state of Alaska must comply. Kawerak also received Emergency Relief for Federally Owned Roads money for a project involving roads repaired because of coastal flooding. Other federal agencies. Kawerak also coordinates with “any federal agency dealing in transportation facilities.” Kawerak provides a federal issue packet to the Alaska Congressional delegation regarding current transportation legislation. Kawerak also coordinates with the Department of Interior’s BLM because its trails go through BLM land. Kawerak also coordinates activities as needed with the U.S. EPA and U.S. Army Corps of Engineers. Regional councils of government. Kawerak is the regional nonprofit for services. Norton Sound Health Corporation is the regional nonprofit for health-related services. State transportation agencies. Alaska DOT and Kawerak are working on a joint project or a Memorandum of Agreement. Staff also coordinates with the state historic preservation office, as well as with the Alaska Department of Environmental Con- servation on wetlands. Other transportation providers. Kawerak networks with state construction project contractors. Funding/Major Projects Operating expenses. All of Kawerak’s IRR operating expenses came from BIA, as did all funds for capital expenditures. Capital expenditures. The main projects were the construction of a 450-ft-long seawall in Shishmaref to protect a BIA road and a dust control evaluation project. Unmet Needs The greatest unmet needs are seen as: • Money for new construction projects. • Maintenance funds. Maintenance As noted above, maintenance funds for roads, bridges, and rights-of-way are passed through the nonprofit directly to the individual villages through an MOA with each village. Safety Programs Signalization. No program exists. Signage. No program for signage. Channelization. No program exists. Road reconfiguration. A program is currently being developed for next summer. Speed control. No program exists. Pedestrians and bicycles. Norton Sound Health Corp. provides bicycle helmets to children. Child car seats. Norton Sound Health Corp. provides these also. Seat belt safety. This is handled by the Alaska Highway Patrol. Safe routes to schools are the responsibility of the individual cities within the consortium. Alcoholism counseling or intervention related to the operation of motor vehicles. Norton Sound Health Corp. conducts AA meetings. In addition to the above, Kawerak has videotapes and provides presentations on ATV and snowmobile safety to village meetings, and one village received a grant for helmets and walkie-talkies. Innovations/TTAP Assistance Innovations. Kawerak provided the following statement: “Kawerak entered into a contract with BIA to assume the Indian Road Reservation Program in 1999 and compacted the program in 2002. The program goals include developing and constructing transportation projects in the Bering Straits region. The program also advocates and provides technical assistance on behalf of our communities with all entities that have roles and

responsibilities in the development and maintenance of trans- portation infrastructure. “Kawerak’s board has authorized by resolution to pool all funds each tribe receives. Before Kawerak’s board compacted the program, each individual tribe would barely receive enough funds to plan for a road project. Pooling resources gives Kawerak greater ability to plan for and complete construction projects. “Kawerak’s board sets the transportation priorities; this process allows them to plan projects to fit their needs instead of an outside agency planning their transportation infrastructure projects. Through this planning process they control and create their future. “Kawerak has the option to use local force account con- struction on the projects by hiring the tribal members at the local level to work and receive training. By doing this, they are pro- viding jobs that would otherwise go to an outside contractor, which would normally hire its’ own employees. This provides economic benefits to tribal members and keeps the money within the community. “One unique aspect of Kawerak’s transportation program is that the Alaska Department of Transportation requires a 10% 82 match for new roads. In rural Alaska, the cities can’t afford such a match, and therefore no new roads have been built or rehabil- itated in the last 20 years except for Governor Murkowski’s Road to Resource Project for Rock Creek, located in Nome. Kawerak is able to provide the 10% match to DOT. This will benefit the region so new roads can be designed and constructed based on our TIP and the state’s TIP.” TTAP: Ms. Michels and Ms. McNally praise the assistance their staff gets from the Northwest/Alaska TTAP, including workshops, seminars, and technical assistance: “They have an open door policy with technical questions.” Because of the dis- tance involved, the TTAP resorts frequently to teleconferenc- ing, telephone, or e-mail from Richard Roland. For the last three or four years, the TTAP has held an annual symposium in Anchorage. Desired Changes One specific concern articulated in this interview is that the “cost of construction is high here and we barely receive any funds. Compacting overcame challenges.”

83 Washington Makah Tribe P.O. Box 115 Neah Bay, WA 98357 Date: September 6, 2005 Revised: May 30, 2006 Contact Information: Greg W. Arnold, Land Use and Transportation Planner Telephone: 360-645-3284 E-mail: mtccped@centurytel.net Basic Tribal Data and Structure The Makah Tribe has a 2000 census population of 1,356. The total acreage of the tribe is 30,142 acres, all in tribal trust, but the tribe recently purchased 3,600 acres of forest land that is not yet in trust. The governance structure consists of a tribal council with five members, all serving three-year terms and elected at large in stag- gered elections, in which two are elected one year, two the next, and one in the following year. The council elects its chairman. Transportation Responsibilities The Makah tribe operates its own transportation program through a P.L. 93-638 contract with BIA. The program includes the following components, all handled by the tribe: • Preparation and maintenance of a long-range transporta- tion plan • Preparation and maintenance of a capital budget or capital improvements program • Overseeing contractors in construction projects • Maintenance of existing roads • Operation of a public transportation system • Construction or maintenance of sidewalks • Maintenance of an inventory of transportation facilities, including: – Road and rights-of-way – Pavement management system – Bridges (BIA contracted out inspection to the state) – Signs. In addition, although BIA designs new roads, the tribe han- dles construction. At one time, the tribe also operated a trans- portation safety program, but it no longer has money for this purpose. The public transportation system involves two buses operat- ing six days a week, six times a day through the reservation, bringing people to a pick-up point at the senior center where Clallam County buses take people to destinations elsewhere in the county. Although the tribe is not yet constructing or maintaining bikeways or bicycle lanes, it plans for eight miles of bike lanes in its next project, and was interviewing for a project manager at the time this study was being completed. Staff The tribe reports 3.25 FTE staff working on transportation planning and transit programs. These include one maintenance person and two bus drivers; Mr. Arnold spends approximately one-fourth of his time on transportation matters. The staff does not include any professional engineers or professional plan- ners. The Makah public transit staff reports to the operations manager, road maintenance reports to the business manager, and the transportation planner reports to the planning manager. In terms of background, the main bus driver has a Commercial Drivers License, and the maintenance person has 30 years of experience in operating heavy equipment. Mr. Arnold has worked in tribal administration since 1976, including 11 years as museum director. Training has taken several forms. Staff members have attended a BIA workshop on construction management and road maintenance. The Tribal Transportation Planning Organization, a tribally run, state-supported organization, has quarterly meetings and an annual conference that staff members have attended. In addition, the Washington State DOT has a training center that provides many different classes. Mr. Arnold has attended a construction management class there, and the worker has attended a class on asphalt. Planning The current transportation plan was prepared in February 2004 by the Makah Tribe. The time frame for the plan was 10 years. The tribal council adopted the plan on February 17, 2004. The plan never officially went to BIA. The tribe is planning an update in the summer of 2006. At least half of the plan has been implemented. Washington

Three significant elements contained in the plan were: • Scenic byway • Repair and reconstruction of Bay View Avenue • Construction of the Cape Flattery scenic byway, which has been funded through an earmark in congressional legislation Citizen participation in the planning process took the fol- lowing forms: • Public hearings • Public meetings • A 19-question community survey In addition, the transportation plan contains linkages with the following other planning activities by the tribes: • Land-use planning • Public utilities, including water and sewer (there is a wastewater master plan) • Historic preservation, cultural resources, and archaeology • Fifteen other active plans developed by the tribe, includ- ing a hazard mitigation plan under the federal Disaster Mitigation Act of 2000, a forest management plan, and a port plan Coordination with Outside Agencies BIA. In a process new to the Makah Tribe, BIA now assigns a staff member from its regional office to serve as their trans- portation coordinator (dealing with everything but transit), and this individual serves as the key contact, with all transportation business routed through him. U.S.DOT. U.S.DOT has an annual meeting in which they attend the regional transportation planning organization and Olympic regional transportation. Other federal agencies. FHWA did source rock testing through a contract to determine the purposes for which they could use some rock. Makah will be moving its program in this area from Washington State DOT to FHWA, and has submitted a letter to this effect, but the FHWA process is not set up to receive the tribes. The tribe has its own rock crusher. Also, as part of a cultural enhancement grant under SAFETEA-LU, the tribe wants to erect two carved statues on either side of the road near its museum. Regional councils of government. The tribe works with the regional transportation planning organization, which covers four counties. State transportation agencies. Mr. Arnold indicates that the Washington State DOT has a new maintenance representative who has been in contact with the tribe but had not yet visited because of a bad winter. The tribe also consults with the state environmental department on road construction. The state is also helping to fund a corridor management plan for the national designated scenic highway in and out of the reservation along SR-112, known as the Straits of Juan de Fuca Scenic Byway. Other transportation providers. Clallam County Transit oper- ates buses that connect with tribal transit at the senior citizen center. 84 Funding/Major Projects Operating expenses in the last fiscal year were $35,000. Capital expenditures were derived from a combination of $1.3 million in casino revenues, none of which goes directly to transportation but into general revenues of which the tribe obli- gates a percentage for transit, and tribal gas taxes, handled the same way. There were no major projects completed in the last fiscal year because all the work was in design for projects to be imple- mented this year, consisting of two bridges and 13 miles of roads. Unmet Needs The greatest unmet needs are seen as: • General road maintenance • Knowing and having funding available when money is promised (from BIA) • Getting a full-time transportation planner Maintenance Road maintenance. The tribe has to complete a road mainte- nance report. It has a garage, a grader, and a truck. The tribe has 23 miles on its IRR inventory. The state DOT handles mainte- nance on State Routes 13 and 112. The tribe notes that the pre- vious maintenance representative from the DOT paid visits at least quarterly and won a “well-deserved” state DOT award for collaboration with tribes. The road poses special problems because it has “steep, slippery slopes” and “tidal action that is enormous.” The road poses a special threat because of its poten- tial loss in an emergency. Alternative emergency routes for evacuation involve land to the south and east of the tribal lands that consists of timber land belonging to a private timber com- pany, which has gated off the road at its boundary. The state signed an agreement for emergency access with the timber com- pany. Once SR-112 is gone, the state takes responsibility for moving cars across the private property. Bridges. Only minor maintenance has been involved. The U.S. Fish and Wildlife Service repaired one bridge, and BIA contracted with the state for bridge inspection. Rights-of-way. This mostly consists of ditching and grading, and culvert maintenance. Sidewalks and pedestrian facilities. The tribe has sidewalks but does not do street sweeping. Signs. The tribe recently replaced its signs. Public transportation. The main bus driver is a mechanic and does most of the maintenance work on the buses, but more seri- ous jobs are sent to a repair shop in Port Angeles. Safety Programs Signalization. None. Signage. All signs have been replaced within the last five years. Channelization. Nothing has been done until now in this area, but because visitors find the situation confusing, the issue is being addressed in the new corridor plan. Road reconfiguration. This is not considered an issue.

85 Speed control. The tribal police address this issue, and respond to telephone calls on this problem. Pedestrian/bicycle/sidewalk safety. Bicycle safety courses are given in schools, but there are not many sidewalks. A bicy- cle path is coming. Child car seats. Under a state program, child car seats are offered to tribal members. Seat belt safety. There is no program on this, and “it is diffi- cult to enforce.” Safe routes to schools. “There is an officer on the road when called. At the beginning of school, signs were temporarily set up that showed drivers how fast they were driving. There is always a crossing guard.” Alcoholism counseling or intervention related to operation of vehicles. When a member has a DWI, that person is sent to tribal counselors, two of whom are available. Innovations/TTAP Assistance The tribe cites two specific innovations, one of which is the scenic byway; the other is the sharing of resources for the paving of Shishi Road. In the latter case, the U.S. Fish and Wildlife Service had the bridge to the hatchery rebuilt. Money was left over for paving, and the tribe was going to contribute. BIA had discretionary money as well. “Shishi Road had been a gravel road, but we got it done with the combination of funds.” The Makah Tribe uses the resources of the Northwest/Alaska TTAP, which attends Makah meetings, “provides a wealth of information, and good documentation for resources on the web- site, and training.” Desired Changes Mr. Arnold offered the following as desired changes in fed- eral, state, or local programs affecting the tribe: • “The Albuquerque office [of BIA] is upsetting the north- western tribes by finding any excuse to reject their inven- tories.” The tribe would like to find that office more amenable to its needs with regard to the IRR inventories. • Mr. Arnold would like “more time and resources to do planning,” because he has never had the opportunity to gain a real understanding of the process. • He would also like to make the process less “paper heavy,” by simplifying and paring down the rules. One good step he cites in this direction was taken by the Portland, Ore- gon, BIA office last year in compiling a “stepping-stone, ABC guide” for transportation planning.

86 Connecticut Mashantucket Pequot Tribal Nation 2 Matt’s Path, P.O. Box 3060 Mashantucket, CT 06338 Date: July 14, 2005 Revised: May 30, 2006 Contact Information: Cedric Woods, Deputy Chief Operating Officer Telephone: 860-396-2187 E-mail: jwoods@mptn-nsn.gov Basic Tribal Data and Structure The Mashantucket Pequot Tribal Nation has a population of 794, roughly 250 of whom live on the reservation along with an additional 100 other non-tribal members. In addition, an average of 40,000 visitors per day visit the casino located on the reservation. The tribe has a total of 7,300 acres, 1,834 acres held in trust and 4,500 acres of the total within one mile of the trust area, the balance scattered within approximately ten miles of the reservation. The tribal governance structure is a seven-member tribal council that is elected at large. The council members serve stag- gered three-year terms. The tribal council includes a chairman, vice chairman, treasurer, and secretary. Transportation Responsibilities The Mashantucket Pequot Tribal Nation operates its own transportation program and is wholly responsible for the fol- lowing components: • Preparation and maintenance of a long-range transporta- tion plan by the Public Works Department, Planning and Community Development Department, and Tribal Man- ager Office. • Preparation and maintenance of a capital budget or capital improvement program by the Public Works Department. • Design and construction of new roads by the Planning and Community Development Department and the Public Works Department. • Overseeing contractors in construction projects by the Planning and Community Development Department. • Maintenance of existing roads by the Public Works Department. • Operation of a public transportation system for elderly tribal members and school children (not the general pub- lic) by the Transportation Subdivision of the Public Works Department. • Construction and maintenance of sidewalks by the Public Works Department, and design of sidewalks by the Plan- ning and Community Development Department. • Operation of bus bays for patrons to the casino and a heli- port by the Public Works Department and the Foxwoods Transportation Department of the Foxwoods Casino, which operates 100 buses per day. Additionally, the tribe’s Public Works Department main- tains an inventory of transportation facilities that includes the following: • Road and rights-of-way • Pavement management systems • Bridges • Signs • Drainage • Traffic systems. Staff The tribe reports a total of 31.3 FTE staff working on all aspects of transportation. Two FTE staff members work on transportation projects in the Planning and Community Development Depart- ment, both of whom are professional planners and engineers. There are actually three planners on staff, but Mr. Woods notes that they spend some of their time on duties other than transportation. Also, the Public Works Department has seven bus drivers, a dispatcher, and an administrator for the tribal bus systems, and the rest of the staff spends approximately half of their time working on transportation-related construction and maintenance. The transportation staff reports to the executive director of the public works department, who reports to the tribal nation chief operating officer, who reports to the tribal council. Training and continuing education for transportation staff is provided by TTAP workshops and other frequent work site safety training, professional workshops, and certification programs. Planning The current transportation plan was prepared in 2005, and the tribe is currently working on updating the plan for 2006. The time frame for the 2004 plan was 3 to 20 years. Tribal staff Connecticut

87 from the Tribal Manager’s Office, the Chief Operating Officer, the Public Works Department, and Planning and Community Development Department prepared the plan. The tribal council adopted the plan in 2004. According to Mr. Woods, three significant proposals in the plan are: • Prioritized road repair list • Sidewalk safety plan • Significant proposed residential expansion, including roads Citizen participation was included in the planning process through the tribe’s regularly scheduled tribal membership meet- ings. Key tribal decision makers also reviewed the plan before adoption. The transportation plan includes linkages with the following activities: • Land-use planning • Public utilities • Historic preservation • Community and economic development Coordination with Outside Agencies BIA. Coordinates through the IRR program—submits trans- portation facilities inventory and received funding based on approved inventory. U.S.DOT. Coordination with U.S.DOT is much less formal than that of BIA. There are one or two issues arise per year that require U.S.DOT coordination. Other federal agencies. The tribe coordinates with the FEMA on snow removal funding during snow emergencies, which occur quite frequently. Regional councils of government. The tribe is a non-voting member of the Southeastern Connecticut Council of Govern- ments and participates in meetings and discussions. Local transportation agencies. No coordination. Funding/Major Projects Operating expenses for transportation programs in 2004 were approximately $869,950. Of this, $17,709 came from BIA, and the rest ($852,241) came from tribal sources. The tribe had no capital expenditures for transportation projects in 2004. Main projects that were completed in 2004 were: • Roads for tribal spiritual center and parking lots • Storm drainage inventory, road construction inventory • Residential expansion Unmet Needs Mr. Woods indicated that the only unmet need for trans- portation projects is the need for BIA to accept its IRR update. The tribe has been waiting for approval for two years. Maintenance The tribe handles maintenance of roads, including roads that provide access to the reservation. The tribe’s road maintenance program includes crack sealing, striping, infrastructure repair, and snow removal. The tribe also handles bridge and right-of- way maintenance. The tribe handles repair of sidewalk and pedestrian facilities. The tribe repairs curbs and sidewalks and removes trash from sidewalks and pedestrian facilities. The tribe maintains signs by replacing or repairing damaged signs. The tribe also maintains public transportation facilities. Safety Programs Signalization. The tribe does not have signalization. Signage. The tribe inventories all signs and replaces dam- aged signs. Channelization. The tribe does not have channelization. Road reconfiguration. The tribe does have a road reconfigu- ration program, and it recently installed a traffic circle in a res- idential area as a safety measure. Speed control. The tribe completes traffic counts and uses traffic classification ratings. Pedestrian/bicycle/sidewalk safety. None. Child car seats. The tribe installs child car seats in tribally owned vehicles. Seat belt safety. None. Safe routes to schools. The tribal transportation division pro- vides bus service for children. Alcoholism counseling or intervention related to operation of vehicles. The tribe operates a tribal court system and can man- date counseling. The tribe also operates an employee alcoholism counseling program for tribal employees. Innovations/TTAP Assistance The tribe has adopted the Infrastructure 2000 software pro- gram, which assists tribal staff with asset management and keeps track of transportation and infrastructure activity. The Department of Public Works has four divisions that utilize the Infrastructure 2000 software. The Operations Division tracks labor, equipment, materials, and subcontracted work tasks on all division activities. These activities include those work tasks within its budgeted scope, such as mowing, litter removal, snowplowing, landscape services, and infrastructure mainte- nance. In addition, the capital project/improvements assigned to the Operations Division are also tracked by labor hours, equip- ment hours, materials used, and subcontractors used. These project reports are forwarded to the contracting departments for use in financial reporting and project tracking purposes. The Tribal Transportation Division and Division of Interior utilize the Work Manager system to track budgeted scope activities (labor, equipment use, material use, and subcontracted items) as well as reporting on specific projects as requested. The tribe has not utilized TTAP assistance. One challenge that the tribe has encountered with trans- portation activities is a rapid growth rate in a very short time span. The tribe has responded to increased traffic volumes and gravel roads that require paving in the span of only a few years. This continues to be a challenge. Desired Changes One change that Mr. Woods recommends for transportation programs is that Infrastructure 2000 software be available to all tribes.

88 Arizona Navajo Nation Department of Transportation P.O. Box 4620 Window Rock, AZ 86515 Date: July 25, 2005 Revision: May 2, 2006 Contact Information: Salisa Norstog, Principal Planner Telephone: 928-871-7985 E-mail: snorstog@navajotransportation.org Additional interviews: Roger Walkenhorst rwalkenhorst@navajo.org Julius Tulley jctulley@navajo.org Basic Tribal Data and Structure The Navajo Reservation is the nation’s largest, containing a land area of 17,553,559 acres, or 27,427 square miles spread across 11 counties in Arizona, New Mexico, and Utah. The 2000 census reported that 180,462 people lived on the Navajo Reser- vation, but nationwide the Navajo people totaled 256,712. The Navajo Nation is a treaty tribe with its own governance struc- ture consisting of the executive, legislative, and judicial branches. The executive branch is headed by the president of the Navajo Nation and the vice-president. The legislative branch consists of the speaker of the council and the Navajo Nation Council, composed of 88 elected council delegates representing 110 chapters, the smallest administrative units. The judicial branch includes the chief justice and the Navajo Nation courts. The Navajo IRR consists of 9,894 miles of roads (2002 Navajo Region Road Inventory). Of these, 6,193 miles are BIA roads, 1,679 miles are state highways, and 1,713 miles are county routes. Only 25% of the Navajo IRR is paved. Including roads used by the public but not yet in the inventory, Navajo Nation roads total approximately 15,000–20,000 miles. Transportation Responsibilities State DOTs, counties, and BIA Navajo Region Division of Transportation are the primary highway programs to fund and oversee construction and maintenance of Navajo IRR. To meet its transportation needs, the Navajo Nation has its own transportation programs as follows: 1. Navajo DOT Division of Community Development 1.1 Project Development Funded by the Navajo Nation General Fund and FAA grants, Navajo DOT provides the following functions: • Fund design and construction of airport improve- ments. • Archaeologyandenvironmentalassessmentservices. 1.2 Road Fund Program With the Navajo Nation Road Fund (derived from the Nation’s fuel excise tax revenue through inter- governmental agreements with states), Navajo DOT provides the following services: • Preparation and maintenance of a capital budget or capital improvement program for Road Fund projects. • Fund construction for Road Fund projects. 1.3 Road Maintenance With the Navajo Nation Road Fund, Navajo DOT provides the following services: • Road and airport maintenance. 1.4 Transportation Planning Program (TPP) TPP is 100% funded by a P.L. 93-638 contract with BIA Navajo Region Division of Transportation (NRDOT) and functions under the contract scope of work include the following components: • Preparation and update of a long-range transporta- tion plan. Utah Colorado Arizona New Mexico

89 • Maintain and update inventory of transportation facilities including: – Road and rights-of-way – Bridge location and photograph – Navajo DOT does not currently have a sign inventory but plans to do so in the future. – BIA has responsibility for the pavement man- agement system and full bridge inventory. • Collect traffic data • Collect accident data • Develop GIS • Develop and update annual Tribal TIP 2. Historical Preservation Department (HPD) Roads Planning Program HPD, Division of Natural Resources The HPD program is a P.L. 93-638 contract with NRDOT to perform archeological assessment for all BIA road construction projects. 3. Right-of Way Clearance Program Land Department, Division of Natural Resources The Right-of Way Program is a P.L. 93-638 contract with NRDOT to obtain land-use consents for BIA road con- struction projects. 4. Highway Safety Program Division of Public Safety The Highway Safety Program is funded partly with high- way safety grants from the U.S. Department of the Interior to provide education, training, and compile traffic accident data. It offers defensive driving classes for tribal employ- ees, promotes safety belt use, distributes child car seats and bicycle helmets, etc. Aside from the general fund, it has received highway safety grants from BIA until last year. 5. Navajo Transit Program (NTS) Division of General Services NTS operates a transit program with seven fixed routes connecting Navajo and Hopi communities to border towns. Primary sources of funds are general fund, state transit grants, and the IRR fund. 6. Navajo Air Transportation Services Under the Navajo Nation Division of General Services, the Air Transportation Services provides air transportation primarily for Navajo Nation tribal government officials. 7. Navajo Engineering and Construction Authority (NECA) NECA is a Navajo Nation enterprise that has the first right to contract road constructions with BIA. Staff Excluding NECA, the Navajo Nation has a FTE in-house staff of approximately 64 people working on transportation, broken down as follows: • 30 under Navajo DOT [16 for project development, road fund, and road maintenance and 14 for Transportation Planning Program (TPP)] • 6 under HPD Roads Planning Program • 2 under Right-of Way Clearance Program • 5 under the Navajo Nation Highway Safety Program • 14 under the Navajo Transit System • 7 under Navajo Nation Air Transportation Services Of these, two people are professional planners, and two more are engineers. Other professional qualifications represented within the staff (with program in parentheses) include: Navajo DOT: • Planners • Geographical information system analysts (TPP) • Information technology technician (TPP) • Engineering technicians (TPP) • Archaeologists • Environmental specialists • Survey technicians • Heavy equipment operators HPD Roads Planning Program: • Archaeologists Navajo Nation Air Transportation Services: • Pilots These various staff positions report to their respective depart- ment managers. The Navajo DOT provides in-house training (staff to staff) on ArcView, GISMap, and GPS applications, but there is no official certification program. Planning The Navajo Nation’s Long-Range Transportation Plan (LRTP) was completed on October 25, 2004. Its Tribal TIP was completed on July 15, 2005. The Navajo Transit System Long- Range Plan was prepared in 2003. The time frame for each plan is 20 years. The LRTP was completed by the TPP staff, with Salisa Norstog serving as the principal author, and was adopted by the Navajo Nation Council in November 2004. The signifi- cant proposals contained in the plan were: • Navajo–BIA road improvement needs and recommen- dations • Growth Center Street plans • Navajo Nation Airport needs/plans • Bridge improvement needs • Navajo–BIA road maintenance needs • State highway needs • County road needs According to Ms. Norstog, approximately one-third of the plan has been implemented, if implementation is interpreted as including the use of IRR, state, and county funds. Citizen participation was part of the planning process and took the following forms: • Public meetings • Notice for public comments posted in local newspapers

In addition, the transportation plan contains linkages with the following other planning activities by the tribes: • Land-use planning • Historic preservation, cultural resources, and archaeology • Chapter land use plans and economic development • Recreation and tourism Coordination with Outside Agencies BIA. The Navajo Nation has P.L. 93-638 contracts with the bureau and coordinates with them on project activities including project review, planning, and public hearings. The Nation is in the process of establishing an intergovernmental agreement with the bureau. U.S.DOT. The Navajo Nation does not have direct contact with U.S.DOT through funding. However, currently we have been working to establish a partnership involving the Arizona DOT, FHWA, BIA, and the Navajo Nation. On a project basis, we have worked with FHWA on the US-491 project. FHWA attend Navajo DOT annual meetings and we attend TTAP con- ferences participated by FHWA. FAA. The Navajo Nation regularly applies and coordinates with FAA on grants for airport planning and improvements. Other federal agencies: The Navajo Nation attends the TTAP conference and training. Regional councils of government. The Navajo Nation regu- larly participates at Northern Arizona Council of Governments and the Northwestern New Mexico Regional Planning Organi- zation. Navajo DOT planners attend regional planning office meetings and are on the technical committees. The Navajo Tran- sit Program applies for transit grants through regional planning office. State transportation agencies. The Navajo Nation works with state DOTs from Arizona, New Mexico, and Utah on project/ funding applications. We coordinate on project public hearings, planning, and state DOT and Navajo transportation conferences. We have MOUs with them to resolve planning, right-of-way, and other legal issues regarding road projects. The Navajo Tran- sit Program applies for transit grants and coordinates with them on transit projects. Other transportation providers: Counties. The Navajo Nation works with county highway programs on road construction plan- ning, funding, and maintenance. Currently the Navajo Nation has MOUs with Navajo, McKinley, and San Juan counties. Funding/Major Projects Operating expenses for FY 2005 totaled $820,530 from Navajo DOT General Fund and $997,319 in TPP/IRR planning funds. Revenue sources for both operating and capital expenditures are outlined as follows: Federal. The TPP is funded 100% from IRR funds. The Highway Safety Program gets 25% of its money from Highway Safety Grant and 75% from the Navajo Nation General Fund. Other federal sources for Navajo DOT involve airport improvement projects, with 90% coming from FAA and 10% from the Navajo Nation General Fund. State. Transit projects get 55% of their money from state funds, 40% from Navajo Nation General Fund, and 5% from 90 IRR. Finally, New Mexico DOT provides to Navajo DOT with road project right-of-way studies, on a project and yearly basis. Tribal. Navajo DOT operation and project development ser- vices are supported completely by the Navajo Nation General Fund, as is Navajo Nation Air Services. Tribal gas taxes support 100% of the Navajo Nation Road Fund and Road Maintenance Programs for improvement and maintenance of transportation projects not funded by other funding sources, matching funds, and emergency projects. There are no casino revenues. Capital expenditures for FY 2005 include the followings: • NRDOT IRR Program: $45 million • Navajo DOT—General Fund and FAA grants: $1.3 million • Navajo DOT—Road Fund and Maintenance: $9 million • Navajo DOT—Transportation Planning: $0.99 million • HPD Roads Planning Program: $0.25 million • Right-of-Way Clearance Program: $0.1 million • Navajo Highway Safety: $0.1 million • Navajo Transit: $1 million • Navajo Air Transportation: $4.6 million (approximate) • Navajo Engineering and Construction Authority: $22 mil- lion (approximate) The main projects completed in the last fiscal year have included completion of the Long-Range Transportation Plan (available online at www.navajodot.org), completion of the FY 2005–2025 Navajo Tribal Transportation Improvement Plan, US Highway 491 archaeological study, archeological assessments/surveys, and environmental studies for county roads. Unmet Needs The greatest unmet needs are seen as: • The need to increase IRR road improvement funding, which is seen as the “greatest unmet” need. “The IRR Fund itself only meets approximately one-fourth of road improvement needs on BIA road system. Although cur- rently we receive and are going to implement the Navajo Nation Road Fund derived from tribal fuel excise tax, it will mainly go to maintenance projects and ROW studies.” • “Current road maintenance funds for BIA roads only meet approximately one-fourth of road maintenance needs (Navajo Region DOT estimate). Maintenance fund for Navajo–BIA roads is from the U.S. Department of the Interior with an annual funding of $6 million to maintain 1,548 miles of paved road and 4,645 miles of dirt roads. This translates into approximately $968 per mile, whereas states and counties have road maintenance funding at twice to quadruple the amount for similar road types.” • “To implement transportation projects, Navajo DOT needs more professional staff such as engineers, technicians, and other technical staff.” • The Navajo Nation needs more training in all areas related to transportation including P.L. 93-638 contracting and management, transportation and rural planning, manage- ment systems, road inventory, GIS, road construction, road maintenance, NEPA requirement, environmental assess- ments, and transit operation and management.

91 Maintenance The Navajo Nation uses its Road Fund to address road improvements and maintenance that cannot be addressed by fed- eral, state, and county road and maintenance program funding. The Road Fund is also earmarked primarily for road maintenance and transportation projects that are not on the federal, state, and county road systems (approximately 5,000–10,000 miles). It can fund a variety of types of maintenance projects through a system in which those projects are identified and submitted by local chapters, including maintenance of roads, bridges, sidewalks and pedestrian facilities, bikeways and bicycle lanes, and signs. Navajo DOT will begin to implement the road maintenance pro- gram utilizing the Navajo Nation Road Fund. Navajo DOT maintains five airports with general funds and, beginning in 2005, with the Navajo Nation Road Fund. Of those five airports, only one has a small terminal and hangars; others are only paved airstrips. Safety Programs Signalization. Most signals are constructed by BIA–Navajo Region DOT (IRR program) or state DOTs. Navajo DOT will begin to provide maintenance and electrical cost using Navajo Nation Road Fund. Signage. Navajo DOT has begun to acquire outside grants to install warning signs for safety purposes. Channelization. BIA and the state DOTs have been doing this for their roads, but there is no tribal program in this area. Road reconfiguration. Same as for channelization. Speed control. Navajo DOT has installed some speed bumps on some local residential, school, and administration streets when requested. Pedestrians and bicycles. Highway Safety Program provides child bicycle helmets. Child car seats. The Navajo Nation Safety Department han- dles this. Seat belt safety. The Navajo Nation Safety Department han- dles this. Safe routes to schools. None. Alcoholism counseling or intervention related to the opera- tion of motor vehicles. Both the Navajo Behavioral Health Services and the Navajo Nation Public Safety for DWI Enforce- ment are involved in this issue. Innovations/TTAP Assistance The Navajo Transit System routes have served both Navajo and Hopi tribal members and Gallup City residents. Navajo DOT has occasionally utilized intergovernmental agreements to implement cross-jurisdiction projects. Underfunding and inadequate staff are considered the major obstacles. The Navajo Nation fought states to have the fuel excise tax revenue come to the tribe. This became the Navajo Nation Road Fund, which is earmarked solely for transportation projects. Navajo DOT received this funding in 2005. The tribe has used TTAP services, which provide “useful and up-to-date information through emails and conferences.” Archaeology and Ethnography Because of the Navajo Nation’s commitment of several staff people to work on issues connected with archaeology and ethnography, it is worth a special discussion here. Specifically, APA interviewed Roger Walkenhorst and Julius Tulley to gain additional insights into the role these questions play in Navajo transportation planning. Both are in the Navajo DOT’s Archae- ological Section, Walkenhorst as the Principal Archaeologist, and Tulley as the Navajo Cultural Specialist. Julius Tulley’s job is to interview people along proposed rights-of-way to learn “different gathering points of medicinal herbs and burials and traditional properties. If it is a mountain or mesa, most have names, more than likely, a Navajo place name. They will do offerings on that mountain. There might be a spring there where they have collected medicinal herbs for medicine bundles.” Cemeteries and burial sites are particularly sensitive areas that must be properly identified. A critical factor in Tulley’s success is his ability to converse in fluent Navajo, because frequently elders and others are not comfortable conveying in English the information that needs to be obtained. However language is not the only factor. “I go in there and tell them who I am. We discuss clans. I try to make them feel comfortable, and the first 10–15 minutes may be just that. These are sensitive issues. There is history involved, and they get emotional.” Tulley also checks with the local chapter of the Navajo Nation before going out to the area, so that the chap- ter can inform people beforehand at its meetings of his arrival and purpose. Ultimately, the field work is compiled in a confidential appendix to the report that goes to the Tribal Historic Preservation Office, which can decide how to deal with identi- fied problems, often through mitigation or removal of the area from the project. Desired Changes The Navajo Nation would like to consolidate all Navajo Nation transportation programs under one roof so that coor- dination and execution of projects among programs can be more efficient. The Navajo Nation also wants to contract the BIA road maintenance program and eventually the IRR program to receive direct funding to increase funding for construction and maintenance. The Navajo Nation wishes to receive more TTAP training programs and courses specifically for the Navajo Nation’s transportation program needs (see unmet needs).

92 Kansas Prairie Band Potawatomi Nation 16281 Q Road Mayetta, KS 66509 Date: July 21, 2005 Revised: May 24, 2006 Contact Information: Tim Ramirez, Director, Roads and Bridges Department/BIA 638 Road Maintenance 14880 K Road Mayetta, KS 66509 Telephone: 785-966-2375 Fax: 785-966-2693 E-mail: pbprb@pbpnation.org Basic Tribal Data and Structure The Prairie Band Potawatomi Nation has a 2000 population of 740 Indians, 518 non-Indians, and a total enrolled tribal member- ship of 5,000, with more than 50% of the tribal members living within 50 miles of the reservation. The total acreage of the reser- vation is 77,740 acres, including 14,140 acres of tribal U.S. trust and fee land, and 20,540 acres of U.S. BIA trust allotment land. The tribe has 136 family housing units (two are apartment buildings with eight units in each building and six are duplexes) and 51 senior housing units. The housing units are located in five clusters within five miles from the center of the reservation. The majority of the senior housing units are located near the new senior center. There are also 17 scattered site HUD housing units and 21 recent purchase homes throughout the reservation. An additional 76 home sites and 15 Housing Improvement Program (HIP) houses on Family USA Allotment Indian homes through- out the interior reservation boundaries. The tribal governmental structure is a seven-member tribal council with four officers—chairman, vice chairman, treasurer, and secretary. The executive director is in charge of program directors of 34 different programs. The tribe also has a separate gaming commission. The government center serves the council as well as execu- tive director, finance, human resources, education, information technology, grant writer, enrollment, economic development, construction management, and legal department. Transportation Responsibilities The Prairie Band Potawatomi Nation operates its own trans- portation program consisting of the following components: • Prepares and maintains a long-range transportation plan. • Prepares and maintains capital budget or capital improve- ment program. • Designs and constructs new roads—the tribe has designed and constructed 15 miles of asphalt since 1998. • Built 22 HS-20 80,000 lb load rating bridges with tribal funds, spans from 25–60 ft, minimum 28 ft 6 in. wide. • Oversees contractors in construction projects—the tribe has a construction manager, road and bridge director, and road and bridge technical support staff persons. • Maintains existing roads—119 miles, four seasons per year (all total, 135.2 miles; 22.45 asphalt, 79.75 gravel, and 33 dirt of allotment and tribal tract access roads). • Maintains Prairie Peoples Park, pow wow and camp grounds, 2.6 miles of park roads, two relocated bridges from BIA bridge projects, one 1912 U.S. Steel bridge and one pre-1912 bridge Carnegie, 420 acres of buffalo area (120 head). A tribal creek bridge connects two pastures with a buffalo underpass. • Operates a transportation safety program—the tribe has a work zone signage safety program. • Operates a public transportation system—the tribe con- tracts with the Kansas DOT for a tribal supplement. • Constructs or maintains sidewalks—only around tribal buildings. • Constructs or maintains bikeways or bike lanes—the tribe received a Kansas DOT enhancement grant for 8,600 ft long, 10 ft wide asphalt bikeway with a goal of 10k link- ing the five housing clusters. • Maintains an inventory of transportation facilities that includes the following elements: – Road and bridge headquarter offices, repair bays, weld- ing and tire repair, sand and salt done (30% mix), park- ing for heavy equipment and attachments and trucks, belly’s end dump, lowboy, dumps, and trailers – Road and right-of-way inventory (for design projects in the last 20 years) – Bridge inventory (for 31 BIA bridges and 23 tribal bridges) – Sign inventory for work zones, detours, and traffic signs – Pavement management system. The tribe does not operate an air, freight, rail, port, or multi- modal facility. Kansas

93 Staff The tribe reports 31 full-time staff persons working on trans- portation programs, including one professional planner (the road and bridge director), and one professional engineer. The tribe also has use of the Horton Agency BIA road engineer. The make up of operation staff is office administration; finance department liaison; surveyor; utility line locator (design plans keeper); territory grader operators; heavy equipment operators–dozers, scraper, excavators, backhoes, shee foots, loaders; truck drivers–dump, end dump, belly, lowboy; mechan- ics; tire repair; welders; and fence crew/buffalo (signs and work zone safety). Transportation staff reports to the tribe’s road and bridge director. Training and continuing education is provided for in-house staff working on transportation programs through Indian LTAP located at Oklahoma State University in Stillwater, Oklahoma, and the Kansas DOT Conference training. Planning The current transportation plan was prepared in 1986 by the consultant engineering firm Martell and Associates. The tribe is currently in the process of preparing a new plan (the Southern Plains BIA Anadarko are currently putting the preparation of a new plan up for bid). The plan was adopted by the tribal coun- cil in 1986. The tribe reports that a significant proposal contained in the plan was the need for better, modern, and safer infrastructure. The tribe reports that 100% of the plan has been imple- mented; according to Mr. Ramirez, “19 years ago we were a poor tribe with dirt roads and single lane bridges, wood plank and stone bridges built by WWI veterans and WPA days. County commissioners at the time told their road supervisors to quit helping those Indians.” Citizen participation was included in the planning process in the form of public meetings and public hearings, although Mr. Ramirez indicates that funding was low at the time. The plan contained linkage to the following activities: • Land-use planning (traffic counts) • Housing • Public utilities, including water and sewer (water, electric, phone, fiber optics, drainage areas) • Historic preservation, cultural resources, and archaeology • Community and economic development • Roads that lead to U.S. trust or tribal land • Agricultural crop land and pasture Coordination with Outside Agencies BIA. The tribe coordinates with BIA through P.L. 93-638 maintenance contracts and P.L. 93-638 bridge contracts. The tribe also receives BIA IRR funding. The local BIA Horton Kansas Agency has a road engineer on staff. U.S.DOT. The tribe worked with U.S.DOT for enhancement funds for a pedestrian and bicycle path. Other federal agencies. The tribe coordinates with the U.S. EPA, U.S. Army Corps of Engineers, FEMA, and FHWA’s Emergency Relief for Federally Owned Roads Program. State transportation agencies. The tribe coordinates with Kansas DOT. County transportation agencies. Jackson County Road and Bridge Department maintains 33% of reservation roads (60 of 180 total reservation roads). Funding/Major Projects Operating expenses for 2004 were $1.8 million, of which 10% came from BIA, and 90% came from a tribal gas tax and tribal general fund supplements. All of the tribal gas tax is used for road maintenance purposes, which amount to approximately $300,000 per year. Capital expenditures for 2004 were $1.4 million, of which 52% came from BIA and 48% came from tribal funds. Major projects that were completed in the last year include: • Overlay of 150 Road Highway 75 to Casino • Three tribal bridges • Two BIA bridges completed, both on FAS routes • Process of obtaining right-of-way for six-mile project (Witchaway Road) • Completed Phase II of a six-mile BIA IRR project—the reservation’s first asphalt road was Phase I in 1996 8.2 miles 100% BIA funded. Unmet Needs The greatest unmet needs are seen as: • Overlay of main road 158 west Phase I built in 1996 by BIA • 20-year long-range transportation plan • Funding of BIA IRR TIP Maintenance Maintenance of roads, including roads providing access to the reservation, is provided by grading, general and heavy main- tenance, snow plowing, placement of gravel, repair and replace- ment of drainage structures, signage, mowing, tree removal, and cleaning. School bus routes are a priority for maintenance. There are four school districts serving the reservation. BIA bridges are inspected every two years by BIA, and the tribe inspects tribal bridges. Maintenance of rights-of-way is provided by mowing and tree removal. Signs are maintained by replacing as needed, and road numbers and letters are installed at all intersections. The tribe also operates transit—one small bus for handicapped persons, one van, head start buses, boys and girls club transportation, and senior site meal delivery. Safety Signalization. The tribe does not have a signalization program. Signage. The tribe posts speed limit, school stop ahead, stop, and weight limit signs. Channelization. Minor collectors lead to asphalt roads, major roads, and Federal-Aid Secondary routes. Road reconfiguration. Most roads on the reservation are on square miles north and south, owing to the allotment act. Most roads were laid out in 1904.

Speed control. The tribe has posted tribal police enforced speed limits and reduced speed in some zones. Generally, speed limits are 55 and 45 mph on paved roads, and 45 mph on gravel roads. Pedestrian/bicycle/sidewalk safety. The tribe is currently working on a program for pedestrian/bicycle/sidewalk safety. Child car seats. The Tribal Police Department handles child car seats programs. Seat belt safety. The Tribal Police Department handles seat belt programs. Safe routes to schools. The tribe uses school buses. Alcoholism counseling or intervention related to operation of vehicles. The Tribal Police Department, Employee Assistance Program, and Alcohol and Drug Departments handle alcoholism issues. Innovation/TTAP Assistance The tribe has funded and built 22 miles of tribal bridges to replace one-lane wood plank bridges and underdesigned bridges for drainage areas. 94 The tribe is the number one participating tribe in the Okla- homa and Kansas area Indian TTAP at Oklahoma State in Still- water, Oklahoma. Desired Changes Mr. Ramirez indicates that the lack of funding has been a challenge for tribal transportation programs. Further, the pas- sage of the Indian Gaming Law, Class III, has been a challenge because the tribe operates a middle–heavyweight casino with 296 hotel rooms. “When gaming revenue first came the bad shape of the road system and bridges got much needed funds, with additional economic development, growth of population, programs, and services. A new Boys and Girls Club, new senior center, six miles of triple phase power, sewage treatment plant, housing, police, fire department, and health clinic.” With all of these services competing for revenue, “road construction is told to seek alternative funding like IRR or BIA like old times.” One desired change is that state transportation grant funding should be included in P.L. 93-638 processes.

95 Nevada Pyramid Lake Paiute Tribe P.O. Box 256 Nixon, NV 89424 Date: July 17, 2005 Revised: June 1, 2006 Contact Information: Della John, Administrator Telephone: 775-574-1000 E-mail: djohn@plpt.nsn.us Tim Wadsworth, Tribal Planner E-mail: twadsworth@plpt.nsn.us Basic Tribal Data and Structure The Pyramid Lake Paiute Tribe has a total census population of 1,388. Although total tribal membership is 2,263, the number of members on the reservation is 1,054; the remainder being non-members including non-Indians, based on a 2005 survey for BIA. The tribe’s total reservation land area is 475,000 acres. The tribe operates under the IRA, Constitution, and bylaws approved on January 26, 1936, by the U.S. Department of the Interior. The tribal council has 10 members, two of whom are the chairman and vice-chairman. Everyone serves a two-year term, with six elected one year (including the officers), and four the other, on a staggered basis. Transportation Responsibilities The Pyramid Lake Paiute Tribe operates its own trans- portation program under a P.L. 93-638 contract with BIA. It includes the following components that are operated by the tribe with a consultant: Preparation and maintenance of a long-range transportation plan. (The tribe hires a consultant through the 2004 BIA 2% transportation planning fund. Previously, BIA funded a consultant though the 2% trans- portation planning fund.) Additionally, BIA is responsible for the following compo- nents of the transportation program: • Preparation and maintenance of a capital budget or capital improvement program • Design and construction of new roads • Construction of new roads and bridges BIA and the tribe work together on the following compo- nents of the transportation program: • Overseeing contractors in construction projects • Maintenance of roads The state of Nevada operates the following programs: • Operation of air, freight, rail, port, or multimodal facilities • Bikeways and bike paths The tribe and the state of Nevada operate the following programs: • Maintenance of existing roads (Nevada DOT maintains state rights-of-way) BIA and the state of Nevada operate the following programs: • Maintenance of an inventory of transportation facilities, including the following: – Road and rights-of-way – Bridges • Inspection of transportation facilities (bridges, roads, signage) The tribe operates the following programs itself: • Transportation safety program • Public transportation system • Construction and maintenance of sidewalks The tribe operates a public transportation system for its senior citizens, taking them to Reno for shopping and delivering food to those who cannot make it to senior centers. The health clinic transports patients to and from Reno. The tribe owns vans and one big bus. Additionally, the tribe has a National Scenic Byways desig- nation from the federal government. FHWA pays for the adver- tisement of the byway, printing maps and showing people where the byway is. Nevada

Staff The tribe reports one maintenance staff person working on transportation programs. The staff does not include a professional planner or a professional engineer. Beyond that, the tribal planner was initially involved when the plan was prepared, but otherwise is involved only periodically as needed. He had worked for the housing department development before becoming the tribal planner. Training has been available to the maintenance worker, who has benefited from heavy equipment training facilitated through the tribe’s P.L. 93-638 contract. The training has occurred in Arizona and in Carson City, Nevada, usually arranged through consultants. Planning The current transportation plan was prepared in 2004 by a con- sultant, Ayala and Associates. It was adopted by the tribal coun- cil in 2004. The tribe does not report any significant proposals contained in the plan, and it reports that none of the plan has been implemented to date because it is waiting for funding to accrue. Citizen participation was not included in the planning process. The plan contains linkages with the following other activities: • Land-use planning • Community and economic development Coordination with Outside Agencies BIA. BIA is doing surveying and planning for new roads. U.S.DOT. No coordination reported. Other federal agencies. The tribe’s environmental department oversees any environmental issues and reports to EPA and BIA. Regional councils of government. No coordination reported. State transportation agencies. No coordination is needed because sealing and striping of the roads are completed as needed. Funding/Major Projects Operating expenses for 2004 were $58,000, which came from BIA and the state of Nevada. Percentages from each were not specified. The tribe did not report capital expenditures for 2004. The tribe reported that there were no major projects com- pleted in 2004. Unmet Needs The greatest unmet needs are seen as: • Safety and maintenance—pavement striping, ability to sand and salt paved roadways • Fixing a shortage of signs 96 Maintenance Maintenance of roads, including roads providing access to the reservation, is handled by one tribal staff person, who per- forms daily maintenance such as grading, weed control, pothole repair, and equipment transport and maintenance. Sealing of the tribal roads is completed by the tribe with assistance from BIA. The tribe handles rights-of-way up to 50 ft from the center line throughout the reservation, maintaining shoulders and doing weed control. Bridges, which are on the state highways, are han- dled by the state. Sidewalks involve a very limited maintenance commitment. Sidewalks are located at two apartment complexes; maintenance is the responsibility of the housing authority. Maintenance of signs consists of replacing damaged signs and erecting residential signs. The tribe did not report any maintenance activities for bridges, rights-of-way, sidewalks and pedestrian facilities, bikeways or bike lanes, or public transportation. A recently completed bicycle path runs along the Truckee River, with portions on or near State Routes 447 and 446, for a total of 35 miles, which are managed by the state highway department. Maintenance of public transportation vehicles is handled by either the health clinic or senior citizen program, depending on which operates the vehicle. Safety Programs Signalization. None. Signage. The tribe has speed signs and street name signs. Channelization. None. Road reconfiguration. BIA converted some roads to 90 de- gree turns. Speed control. The tribe uses speed limit signs in residential areas. Pedestrian/bicycle/sidewalk safety. None. Child car seats. None. Safe routes to schools. None. Alcoholism counseling or intervention related to operation of vehicles. The tribal police handle DUIs and publishes a monthly article in the tribal newspaper on the subject. Innovations/TTAP Assistance The tribe did not report any innovative programs. The tribe utilizes TTAP information and notices of training. Desired Changes The tribe simply indicated the desirability of more funding.

97 Minnesota Red Lake Band of Chippewa Indians P.O. Box 550, Highway 1 East Red Lake, MN 56671 Date: June 22, 2005 Revised: August 24, 2006 Contact Information: Jim Walker, Director, Tribal Roads Telephone: 218-679-2416 E-mail: jwalker@paulbunyan.net Basic Tribal Data and Structure The Red Lake Indian Reservation has a 2000 census popula- tion of approximately 5,400, out of a total tribal enrollment of approximately 10,000. It is estimated that 2% of the reservation residents are non-Indians. The tribe’s total land area is 837,736 acres. The tribal government structure is an 11-member tribal council that includes an elected chairman, plus a secretary and treasurer. Four districts each elect two representatives for stag- gered four-year terms, with two members being elected each time. Seven hereditary chiefs also serve an advisory role. The chairman is the chief elected officer and can vote to break a tie. The chairman appoints a tribal administrator to oversee daily tribal operations. Transportation Responsibilities The Red Lake Band of Chippewa Indians operates the IRR program under a P.L. 93-638 self-governance compact, the first in the nation to do so, in 1999. The tribe operates a bus transit program with grant funds through the Minnesota DOT (MnDOT) supplemented by the IRR program. The Tribal Trans- portation Program includes the following elements: • Program planning and administration • Capital budget and annual funding agreements • Survey, design, and construction of new roads • Construction contract administration • Road maintenance • Operation of a transportation safety program • Operation of a public transportation transit program (dial- a-ride) • Construction and maintenance of a 5-mile bike path in cooperation with MnDOT Additionally, the transportation program includes an inven- tory of transportation facilities that consists of the following: • Road and rights-of-way • Pavement management system • Bridges • Signs • E-911 addresses • BLM-sponsored Geographic Coordinate Data Base (GCDB) cadastral survey update • Constructs or maintains bikeways. Staff The tribe reports 25 FTE staff people working on transporta- tion projects. Of these, 12 are in engineering, 7 in transit, and 6 in maintenance. This includes one professional planner, who at the time of this study was on paid leave at Cornell University with plans to return. Others on the staff included a professional engineer, licensed archeologist, surveyors, and GIS/Geographic Coordinate Data Base staff. The tribal engineering/transporta- tion staff reports to Jim Walker, the director. Training is provided for staff through college and technical school scholarships and financial aid, and trade training pro- grams such as the MnDOT Rural Transportation Assistance Pro- gram. The two GIS programmers at the time of the study were enrolled full time at a technical school, studying for associate of arts degrees, and moving on to study business at Bemidji State University. The three surveyors on the staff have attended stan- dard training programs in their field. The maintenance staff takes advantage of training through MnDOT and TTAP. Tech- nicians are certified through MnDOT for project inspection and concrete aggregate. The lead transit driver has received certified driver training instruction from MnDOT. Planning The tribe has adopted a Land Use and Transportation Plan for the reservation that was completed in 1999 after forming a part- nership with the Headwater Regional Development Corpora- tion. The tribal council must pass all amendments to this plan. The long-range transportation plan covers 20 years from 2005 Minnesota

to 2025. The last amendments were approved in 2004, but the tribe will be amending it again in 2006. This plan includes a TIP through 2005. It also includes housing needs projections for each tribal community and the corresponding infrastructure to support these needs through 2010. There were no time constraints on the proposed road construction. The plan’s most direct impact is that the tribe has a housing agency that is funded every year through HUD for one or two housing developments. This is always coordinated with the transportation master plan, at a minimum situated to be served by the long-range plan. In the Red Lake and Redby areas, por- tions of arterials are incorporated into local road design for access, which is ultimately utilized when buildout is complete. The transportation plan drives funding by other agencies. A major component is the construction of a primary arterial road with secondary connector roads near the town centers of Red Lake and Redby to accommodate expected population growth. This transportation system is designed to control and enhance development of the infrastructure necessary for projected growth driven by existing unfilled housing needs. In addition, under the wastewater improvement plan, access is situated by the plan and maintenance designed on the right-of-way for the long-term arterial plan for future upgrades. The first stage of this plan was realized by the 2005 comple- tion of the Thunder Lake Road arterial, associated collector and development roads, and subsequent housing construction in the area. The Red Lake Tribal Public Participation program that defined this project is the model driving future projects in the Land Use and Transportation Plan. Citizen participation in the plan took the following forms: • Public meetings • Website information The tribe has used charrettes, but these are generally limited to key departmental directors and not broad-based public char- rettes. The tribe has its own website, which is regularly used to publish notices and host discussion forums such as newsletters. The plan has numerous linkages with other planning func- tions, including: • Land-use planning • Public utilities, including sewer and water • Historic preservation, cultural resources, and archaeology • Community and economic development • Forestry As noted earlier, the arterial design in the transportation plan defined the boundaries for the land-use plan. The engineering staff includes a full-time archaeologist, who handles environmental assessments and environmental impact statements, common review process, categorical exclusions, and clearinghouse activities. This person is intimately involved with design, transportation, and urban and housing development. It is a high-profile role within the tribe, directly tied to compliance with NEPA and the Historic Preservation Act. The tribe has also approved a major reforestation project. Transportation will not interfere with long-term reforestation, 98 which involves approximately 5,000 acres of reforestation per year for 10 years, or ultimately 50,000 acres. The tribe operates its own forestry positions in the Department of Natural Resources, and manages forest cutting contracts, and develop- ment, land clearing, and reforestation. Forestry is a major con- cept in master plan development for the tribe and is intimately involved in any transportation design because of ongoing activ- ities, which include brush clearing and harvesting, which takes a toll on road use. Coordination with Outside Agencies BIA. The tribe has an Annual Funding Agreement with the Secretary of the Interior through the Office of Self-Governance for the operation of the IRR program formerly operated by BIA. FHWA. The Red Lake Tribe is in the process of developing administrative process and guidelines under SAFETEA-LU for direct government-to-government roads program funding agree- ments with FHWA and also receives direct project specific funding from BIA, USDA Rural Development, HUD, Eco- nomic Development Administration, and the BLM. The tribe says it intends to be the first to contract directly with FHWA under SAFETEA-LU which allows this as an alternative to a P.L. 93-638 compact with the Secretary of the Interior. BLM. Red Lake is one of the first tribes to work with BLM on the new Geographic Coordinate Data Base. The tribe is tak- ing cadastral surveys and going back to research all of the orig- inal land surveys previously done; inputting the data township by township into the database to find errors and correct them. They then run the data through least-squares analysis to correct the overall township-to-township connections. They make direct ties to find points in a field in laying out a survey founda- tion. Red Lake is one of the four tribes in the country selected to determine whether they can train tribal members to input data so that subsequent surveys can be added to the database, part of a long-term model for “tying information to a more accu- rate foundation.” The tribe is currently training people, with plans to take over maintenance of the program for the long term. They will probably create a survey grade for all surrounding counties in Minnesota. One result will be to identify trespass issues and right-of-way issues with utilities and other land-use problems. USDA. USDA primarily funds enterprise programs for the tribe. This has an indirect relationship to transportation because of load-bearing design considerations for transportation routing for all required industrial zoning and industrial areawide devel- opment. USDA is also involved in providing financial support for infrastructure activities, such as new community wastewater facilities being sited in accordance with the land-use plan. HUD. HUD is usually involved with smaller housing devel- opments of 10, 20, or 30 acres, which are sited and controlled through the Land Use and Transportation Plan. Regional councils of government. The tribe is a member of the Area Transportation Partnership under the Northwest Regional Plan. Since the passage of ISTEA at the federal level, the Red Lake Band has had a seat at the Partnership. The tribe has a voice in the development of transportation projects at the city, county, and state levels, including U.S. and state highways. State transportation agencies. The tribe has three fairly immediate environmental mitigation issues, and is coordinating

99 with design people at the MnDOT to implement some required measures. Some mitigation mandates from the U.S. Army Corps of Engineers concern fish passages. The tribe has support from MnDOT for modifications to an existing green culvert system designed and owned by the agency. They are also implementing design modifications into stream flow and water inlet areas and redesigning highway curves. In Redby, they are in preliminary stages of trying to include design requirements to incorporate mitigation with regard to a failing earthen dam structure that is “not necessarily the responsibility of MnDOT,” but will include a bridge and some DOT assistance. Overall, the pattern is one of growing cooperation, in which “we are trying to work out where we can do things more easily together. Right now state statutes and the idea of sovereignty get in the way when we just want to work together. We’re trying to head more toward peer-to-peer relationships to get something done in transportation.” Other transportation providers. The Red Lake Tribe coordi- nates its local transit program with state and local transit programs. Funding/Major Projects Annual operating expenses are approximately $500,000 of a total annual IRR allocation of $2 to $2.5 million, with 25% going to operating and administrative expenses and 75% to cap- ital costs. Funding source breakdown has recently been approx- imately 78% from BIA’s IRR program, 9% from Economic Development Administration, 9% from BIA Facilities Manage- ment, and 4% from BLM. The tribe has a tax agreement with the state of Minnesota, under which 80% of the state gas tax collected on the reserva- tion is returned to the tribe, approximately $1 million per year. The tribe uses these funds to maintain routes not on the IRR sys- tem. Although the tribe has three small casinos, they do not pro- duce revenue for transportation. Major projects completed in 2005 included the following: • Thunder Lake Road paving • Ponemah Point Road reclaim and paving; reconstruction • River Road reclaim, paving, and overlay; major repair Unmet Needs The greatest unmet needs for the tribe’s transportation pro- grams are adequate funding for the tribes IRR construction and maintenance programs: The tribe has 550 miles on the Red Lake reservation and another 100 miles in restored properties. “It takes manpower to identify the roads and get them into the inventory.” Road Construction The Tribe’s Relative Needs share of IRR funding has been reduced as a result of a change in BIA inventory system. This reduction in funding is affecting the ability of the tribe to con- struct its highest-priority projects. The tribe hopes that the recent inventory update will restore the funding to its previous level, which is still adequate to meet all the tribe’s construction needs. Maintenance The biggest problem with keeping the existing transportation systems in good repair is with roads on BIA system. The tribe notes that, under federal funding allocations, “states get $5,000 per mile, but Indian tribes get $800 per mile. Under ISTEA, 15% of the IRR allocation was allowed for road sealing. Ironically, the Department of the Interior reduced the road maintenance allocation by 15%.” The need to spend a higher percentage of money on upgrading roads is the result of a huge portion spent on deferred maintenance. “We end up rebuilding rather than upgrading.” In a heavy snow season, 90% of funds are spent on snow removal, leaving a big unmet need for funding for road construction. The tribe handles maintenance of roads, including those pro- viding access to the reservation. There is a comprehensive TIP that provides a schedule of road system maintenance, rights-of- way, bridges, bike paths, and transit system improvements. Snow and ice produce a yearly struggle for road maintenance, given the northerly climate. Although the tribe handles this itself, it does receive a little help from the MnDOT. Safety Programs The Red Lake Tribal Public Safety Plan incorporates input acquired from consultation with MnDOT. Signalization. None. Signage. The maintenance department handles signage to conform to standards. Channelization. The tribe has installed some turning lanes. Road reconfiguration. Highway 1 was reconfigured in 1989 by taking out a curve in the road and replacing it with a T intersection. Speed control. The tribe got a grant from the NHTSA for radar. Pedestrian/bicycle/sidewalk safety. In 2003, the tribe com- pleted a five-mile bicycle path project (that will accommodate pedestrians) through a cooperative project with MnDOT on State Highway 1 between the communities of Redby and Red Lake. Child car seats. NHTSA provides free child seats. Seat belt safety. Nothing reported. Safe routes to schools. The tribe is in the process of using BIA money to redo water lines, sewers, and streets adjacent to the high school. The redesign will involve rerouting for on-site drop-off and pickup areas, with utility and street changes and highway inlet and regress notifications. They are also moving some existing buildings and getting a new outlet for the high school to separate incoming and outgoing traffic. Alcoholism counseling or intervention related to operation of vehicles. The tribe’s chemical health department also imple- ments a program for drug and alcohol counseling or intervention related to vehicle operation. Innovations, Cooperative Projects, and Assistance The Red Lake Band reports several innovations that could easily be of some utility to other tribes. Many of these involve the development of creative working relationships with outside entities to solve transportation problems. For instance, the tribe has worked with the U.S. Army Corps of Engineers, which oper- ates a dam at an outlet of Lower Red Lake, and the tribe main- tains the approaches to this structure. In these and some other

situations on the reservation, highway design and construction has also involved collaboration with MnDOT. The tribe also overcame some legal obstacles that had pre- vented the state from contracting with the tribe because of its sovereign status, by persuading the legislature to authorize state agencies to contract directly with the Indian tribes in Minnesota. The tribe can now do more cooperative work with the state. The absence of physical addressing has produced another area of innovation. Residents lack physical addresses because the property is owned by the tribe rather than individual landowners. However, with federal funding for law enforce- ment, the tribe has been able to move forward with an innova- tive E-911 address inventory using GIS technologies to provide location information for all residences. As a result, when fire and rescue services get a 911 telephone call, the software flashes the location on a map of the area. The telephone com- pany has had locations for main distribution nodes but no addressing information beyond that level; therefore, that call shows up as an area node, not a specific street address, thus pro- viding no specific idea which house or telephone line originated the call. The tribe is working with the telephone company to go out and physically identify the end points for the copper lines and electrical meters, then assigns addresses and locates resi- dential areas on surveys. 100 The tribe has also developed a unique partnership with a U.S. military program called Walking Shield. Under this program, the military will come into a reservation to build whatever is needed as part of a training program for the National Guard, whose personnel must undergo such a two-week training course every year. The tribe must provide materials, but the Guard pro- vides the labor and equipment. Projects have included rebuild- ing an existing road through 11 miles of swamp, including such improvements as removing beavers from culverts. The tribe has utilized the services of the TTAP at Red Lake and nearby reservations, including trail development along a highway, fitting in with one of the tribe’s long-term goals and providing a “very good planning exercise.” There has also been some exchange of information and equipment for snow and ice control. Desired Changes The provision for direct funding agreements between the tribes and FHWA as provided in SAFETEA-LU is a major improvement in the administrative process. In the future it would be beneficial to replace the current BIA roads inventory program for fund allocation with one that is predictable, consis- tent, and uniformly applied.

101 lowa Sac and Fox of the Mississippi in Iowa 349 Meskwaki Road Tama, IA 52339-9629 Date: May 12, 2006 Contact Information: Sandra Monck Telephone: 641-484-4678 E-mail: smonck@meskwaki.org Curtis Seymour Telephone: 641-484-4600 E-mail: ccseymour@meskwaki.org Basic Tribal Data and Structure Although the 2000 census put the Sac and Fox population at 761, a 2005 housing survey recorded 1,462 tribal members liv- ing on the Meskwaki Settlement. The total land area owned by the Settlement is 6,967 acres in Tama County and approxi- mately 700 conservation acres in Palo Alto County, Iowa. Small areas within the Settlement are not in Tribal Trust; how- ever, the process is ongoing to add these land areas into the Trust. The governance structure consists of an elected tribal council with a tribal chairman, assistant chairman, secretary, treasurer, and three other members, all serving four-year stag- gered terms. An executive director oversees tribal operations. A tribal court system was established in 2005 and is comprised of a civil court and criminal court. The civil court is fully oper- ational. The criminal court is currently being developed, hav- ing completed its criminal code. The tribal police department is not operational at this time. Currently, a police chief and two officers have been hired, with the remaining three officers in training. The department anticipates being operational in late July or early August 2006. Transportation Responsibilities The Sac and Fox tribe operates a transportation program with the assistance of BIA and outside consultants. The program includes the following components: • Preparation of a long-range transportation plan (by CGA Consultants) • Preparation of a transportation capital improvement pro- gram (by CGA Consultants, currently being updated by the tribal planner) • Design and construction of new roads (contracted through requests for proposals) • Overseeing contractors in construction projects (by the Director of Public Works) • Maintenance of existing roads (by the tribe) • Operation of vans, scheduled and on-demand (by the tribe) Additionally, the tribe and BIA jointly maintain an inventory of transportation facilities, with the following components: • Road and rights-of-way • Bridges. The tribe indicated that a pavement management program and more signs are necessary. It is considering removing a num- ber of roads from BIA inventory to keep non-Indian interference to a minimum within residential areas. Staff The tribe reports that between five and six full-time staff work on transportation programs. The tribal planning director, hired in October 2005, graduated from a transportation planning accredited university and has 14 years of transportation and urban planning experience in other regions of the country. Pro- fessional engineers either come from BIA or are contracted by the tribe as consultants. Other staff members mainly engage in road maintenance and public works projects and do not have professional qualifications. All staff affiliated with transporta- tion projects either report to the tribal executive director or the public works director. Continuing education for staff is provided by BIA-sponsored workshops and seminars. Planning The current transportation plan was prepared by CGA Con- sultants in May 2005. The plan has a 20-year time frame and was adopted by the Tribal Council in 2005. Significant proposals of the transportation plan include: • US Highway 30 casino interchange • Access road to the health clinic Iowa

• Bridge replacements • Paving Meskwaki Road, which bisects the settlement and is a gravel road Approximately 40% of the Tribal Transportation Improve- ment Plan contained within the 2005 long-range plan has been implemented. Citizen participation was part of the planning process and took the following forms: • Public meetings, held at the Tribal Center after working hours, to gather community input and later compiled and integrated before plan was submitted to the Tribal Council. • Website information • The tribal newsletter There was informal linkage between transportation planning with the following other planning activities by the tribes: • Land-use planning • Historic preservation and archaeology The tribe indicated that these linkages were moving toward a more formalized process by centralizing data onto GIS- generated maps and reports. Coordination with Outside Agencies BIA. BIA provides funding and technical support for plan- ning, engineering, inventory maintenance, operations, and construction. U.S.DOT. No coordination needed. Iowa DOT. The tribe has a working relationship with the Iowa DOT and is working towards securing state funding for the U.S. Highway 30 interchange at the casino entrance. Regional councils of government. The tribal settlement is located in Iowa DOT Region VI. The tribe has coordinated with the Tama County engineers for the U.S. Highway 30 casino entrance interchange and other bridge projects. Funding/Major Projects A. FY 2005 tribal funds were expended for the following: 1. Equipment purchase $205,851.09 2. Road maintenance $43,535.82 (includes expenses for rock, signage, safety devices, erosion control, snow/ice, salt, and lime) 3. Dust control $25,076.67 B. FY 2005 BIA funds were expended for the following: 1. Road maintenance $44,732.00 102 Unmet Needs The greatest unmet need is funding for the following purposes: • Paving projects and signs for small residential roads • Engineering • Traffic counts Maintenance The tribe handles maintenance of roads, bridges, rights-of- way, and signs. The tribe has not yet maintained sidewalks, bikeways, or bike lanes; however, these are features of upcom- ing construction projects and will be added to the maintenance program. Safety Programs The tribe does have a transportation safety program, which includes the following elements: • Road reconfiguration. US Highway 30 interchange at the casino entrance will improve capacity and safety issues for settlement residents and visitors. • Speed control. Speed limit signs are located near the casino at 10 mph and on 305th Street at 30 mph. Enforce- ment has traditionally been by Tama County, but this will shift to the tribe’s police force. • Safe routes to schools. Many younger families reside north of US Highway 30 and send their children to the Meskwaki Settlement School located south of US High- way 30. No walking or bicycle trails or underpasses exist for children living north of US Highway 30 to walk or bicycle with safety to school. The addition of bike baths and an underpass as part of the US Highway 30 inter- change project will solve this safety problem. • Alcoholism counseling or intervention related to operation of vehicles. The tribe operates an alcoholism counseling program—Meskwaki Alcohol and Drug Abuse Center. The tribe does not have the following safety programs: • Signalization—not an issue with the Sac and Fox Tribe • Signage • Channelization Innovation/TTAP Assistance The planning process for the US Highway 30 interchange, a $5.8 million project at the entrance to the tribe’s casino, has involved a number of safety innovations and initiated coordina- tion with the Tama County Engineer and Iowa DOT for RISE (Revitalize Iowa’s Sound Economy) funding. The majority of Iowa’s RISE funding opportunities focus on economic develop- ment initiatives for cities and towns. RISE dollars available for the more rural areas are scarce and highly competitive. The tribe has used TTAP training and information services in the past and will continue to use these services.

103 Desired Changes Sandra Monck, Meskwaki Planning Director, indicated that the tribe will aggressively seek grant opportunities from sources outside BIA. She also stated “that as a federally recognized tribe, other forms of government must recognize the tribe as ‘equals.’ Perceptions exist that federally recognized tribes are less adept. The tribal leadership of the Sac and Fox Tribe of the Mississippi in Iowa is perceptive but cautious. They feel strongly about their sovereignty and self-determination and strive to balance their culture with progress to survive as the Meskwaki Nation. Others must learn to recognize and appreciate the fact that the tribe is a serious economic contributor within the region.”

104 New York Saint Regis Mohawk Tribe 412 State Route 37 Akwesasne, NY 13655 Date: August 30, 2005 Revised: July 26, 2006 Contact Information: Travis J. Solomon, Construction Infrastructure Manager and Tribal Planner Telephone: 518-358-9213 E-mail: tsolomon@srmt-nsn.gov Basic Tribal Data and Structure As of July 27, 2006, the Saint Regis Mohawk tribe had a pop- ulation of 11,880. The size of the reservation is 14,760 acres. The governance structure of the tribe consists of three chiefs and three sub-chiefs, with a staggered election every three years. Transportation Responsibilities The Saint Regis Mohawk Tribe operates its own trans- portation program under a P.L. 93-638 contract with BIA. The program includes the following components, all of which are managed directly by the tribe: • Preparation and maintenance of a long-range transporta- tion plan • Preparation and maintenance of a capital budget or capital improvement program • Design and construction of new roads • Overseeing contractors in construction projects • Maintenance of existing roads • Operation of a transportation safety program (three buses on both a scheduled and request basis to serve the elderly, plus ten servicing casino customers) • Operation of a public transportation system • Maintenance of an inventory of transportation facilities, including the following: – Road and rights-of-way – Pavement management systems – Bridges – Signs. Staff The tribe reports eight FTE staff working on transportation programs, which includes one professional planner and no engi- neers. Mr. Solomon indicated that the tribe is currently in the process of hiring a professional engineer. The other staff includes one individual who serves as both an engineering tech- nician and foreman for the construction crews, the maintenance and construction workers who comprise the crew, one construc- tion inspector, and an administrative assistant. All of the transportation staff reports to Mr. Solomon, who reports to the director of the Planning and Infrastructure Depart- ment. Training and continuing education are provided for in- house staff working on transportation projects. Planning The current transportation plan was completed in 2000, with a time frame of 20 years. The Saint Regis Mohawk Tribe Planning and Infrastructure Department, in conjunction with a consulting engineer specializing in planning, prepared the plan, which is actually part of a larger plan that also addresses economic devel- opment. The governing body of the tribe adopted the plan in 2002. Three significant proposals contained in the plan are: • New road work • Water plant upgrade and infrastructure • Sewer plant upgrade and infrastructure Mr. Solomon indicated that approximately 20% of the plan has been implemented to date. He says that the road work includes a goal of annually reconstructing three miles of paved road, following a sequence laid out in the plan. Citizen participation was included in the planning process, in the form of public hearings, public meetings, and a survey. Coordination with Outside Agencies BIA. Regular coordination occurs between the tribe and BIA, largely centered on budgeting and administration of the P.L. 93- 638 contract. U.S.DOT. None. State DOT. The tribe receives some Indian set-aside money from the state highway department, including $1.25 million last year. The state and tribe coordinate maintenance and other work on state arterial roads that run through the reservation. New York

105 Regional councils of government. Very little if any coordi- nation exists in this area. Funding/Major Projects Operating expenses for 2003 were approximately $250,000 for transportation purposes. Twenty percent of the funding came from BIA, 30% from other federal sources, and 50% from tribal sources. Capital expenditures for 2003 were approximately $400,000. Twenty percent of the funding came from BIA, 30% from other federal sources, and 50% from tribal sources. Three major projects that were completed in the last fiscal year were: • Water plant upgrade • Phase IV of water plant project, which involved the water tower • Reconstruction of Christine Road and Mary Road Mr. Solomon indicated that the water plant upgrade involves seven phases, the last of which is now in progress, after which another seven-phase project, focused on sewage treatment, will follow. Unmet Needs The three greatest unmet needs are seen as: • Funding. Mr. Solomon noted that, with $700,000 per year in BIA funding, and a goal of resurfacing three miles of road per year at a cost of $1.2 million per mile, the tribe receives less than 20% of the money it needs. • Material sources. The reservation is uniquely situated on the Canadian border, with part of the Mohawk Nation in Canada. Because of “buy American” requirements in transportation funds, it costs the tribe approximately 40% more for resources for construction work than large cities pay, mostly because of the need to transport them to a dis- tant location, but the tribe could get them more cheaply in Canada if allowed to import them. Mr. Solomon noted that the IHS is able to save 20% to 30% in this way, but the transportation program is not. • Government assistance. They simply need more. Maintenance Maintenance of transportation facilities is undertaken by a spring survey to schedule maintenance activities. Roads. The tribe handles road maintenance, but Mr. Solomon notes that, with 70 miles in the BIA road system, the $120,000 provided for maintenance is used mostly for winter road clear- ance, such as plowing. Bridges. There are none. Rights-of-way. The tribe maintains these, handling such tasks as drainage, culvert maintenance, and mowing. Signage. The tribe checks signs at least annually, replacing as necessary according to AASHTO standards. Public transit. The tribe has a maintenance garage that handles routine tasks for its bus fleet, such as oil changes. Large jobs, such as engine work, however, are contracted out. Safety Programs Mr. Solomon indicated that the tribe implements the follow- ing safety programs: • Signalization. Traffic signals are all on state highways and thus are the responsibility of the state of New York. • Signage. The tribe regularly checks speed signs and road signs and replaces as necessary according to AASHTO standards. • Channelization. This is done in consultation with a pro- fessional engineer, according to AASHTO standards. • Road reconfiguration. This is handled in the same way as channelization. • Speed control. Tribal police handle enforcement under tribal traffic codes. • Child car seats. The tribal Safety Department has a pro- gram to provide free car seats for children, and the police monitor for enforcement. • Seat belt safety. Compliance is also monitored by tribal police. • Safe routes to schools. The school system takes care of safety for school children en route and manages school bus routes, monitored by the state board of education. • Alcoholism counseling or intervention related to operation of vehicles. The tribe has its own programs for drug and alcohol rehabilitation, which attract outside users from elsewhere in the state. Innovations/TTAP Assistance Mr. Solomon indicates that the Saint Regis Mohawk Tribe looks for inexpensive ways to improve infrastructure. Mr. Solomon says that the tribe has utilized the TTAP train- ing programs for road maintenance, snow removal techniques, and other conferences. Desired Changes According to Mr. Solomon, one desired change that he would like is to “get some new people in BIA that will fight for our eastern region. All funding gets allotted to the western tribes.”

106 Oklahoma Seminole Nation of Oklahoma P.O. Box 1498 Wewoka, OK 74884 Date: August 15, 2006 Contact Information: Chris Cutler, P.E., Director of Transportation Telephone: 405-257-7294 E-mail: ccutler@seminolenation.com Matt Morris, AICP, Transportation Planner Telephone: 405-257-7296 E-mail: mmorris@seminolenation.com Basic Tribal Data and Structure The Seminole Nation of Oklahoma had 12,750 people according to the 2000 census; however, as of January 2006 the tribe had 14,964 people. The tribal land area does not involve a reservation because of the unique history of tribal land alloca- tions in Oklahoma. However, tribal lands include approximately 50% of Seminole County, which covers 633 square miles, so that the total tribal land area is 202,650 acres. The tribal governance structure consists of a principal chief, who is the chief executive, and a 28 member council, with two representatives for each of 14 bands represented on the council. The chief is elected for four years from the entire tribe, whereas the council members are all elected for four-year terms from their respective bands at the same time the principal chief and assistant/vice chief are elected. Transportation Responsibilities The tribe operates all the listed elements of its own program under a P.L. 93-638 contract with BIA. The program includes the following elements: • Preparation and maintenance of a long-term transportation plan • Preparation and maintenance of a capital budget or capital improvement program (Tribal TIP) • Design and construction of new roads • Overseeing contractors in construction projects With regard to the last point, the tribe is in a transition phase in which a BIA inspector works concurrently with a tribal inspector who is undergoing training. Within a few months, it is expected that the tribal inspector, their construction representa- tive, will be able to operate alone, and the role of BIA inspector will be phased out. The tribe is also planning to create a new public transporta- tion system with proposed grants from FTA, through a program managed by the Community Transit Association with the Amer- ican Public Works Association; however, that is assumed to be a year or two in the future. The tribe also maintains an inventory of transportation facil- ities that includes: • Road and rights-of-way • Bridges. Staff The Seminole Nation employs four FTE staff for trans- portation programs. Of these, one, the director, is a profes- sional engineer certified in both Oklahoma and California, one is a professional planner certified by the American Institute of Certified Planners, one is a program analyst, and one is a con- struction representative. This staff all report to the director of transportation, who reports to the principal chief. The construction representative has certificates as a “Regis- tered Highway Construction Materials Technician” in Asphalt, Concrete, Aggregates, Materials Sampling & Testing; Materials Sampler; HAZMAT Certification; Nuclear Gauge Safety Train- ing Class; and “Trenching & Shoring Competent Person.” In addition, he has attended and completed classes for “Interpret- ing Bridge and Road Plans,” “Aggregates Training,” and “Asphalt and Materials.” The tribe has a training and continuing education program for in-house staff that includes the following: • Continuing education units and professional development hours, • Courses and conferences offered by the TTAP at Okla- homa State University, • Training in inspection-related topics, and • Short course in computer skills. Planning Until now, the Seminole Nation has not had a long-range transportation plan. However, the Arctic Slope Consulting Oklahoma

107 Group of Albuquerque, New Mexico, is currently preparing a Long-Range Transportation Planning Study for the tribe, which will result in a long-range transportation plan and an IRR inven- tory update. The tribe anticipates completion of the plan, with a 20-year horizon, by February 2007, with submission to BIA by March 15, 2007, following its adoption. Three significant ele- ments contained in the plan, approximately 20% of which has already been implemented, are: • Project prioritization • Road design and construction • Creation of a transit system • Development of a GIS database • Road inventory update Citizen participation, expected to take place in the fall of 2006, will take the following forms after published notice of the tribal TIP: • Public hearings • Public meetings • Newspaper advertisements In addition, the transportation plan considers the following other activities: • Land-use planning • Historic preservation, cultural resources, and archaeology • Community and economic development, and • The county road system Coordination with Outside Agencies BIA. The tribe works with and under BIA’s Transportation Division of the Eastern Oklahoma Region. It works with their engineers, construction inspectors, plan check engineer, and contracting officer. U.S.DOT. None. Other federal agencies. The tribe is currently working through the community Transit Association and American Pub- lic Works Association with FTA and USDA on a grant from FTA offering both long-term and short-term technical assistance to develop a transit program. The tribe will seek to study transit per our submittal. The Nation was selected by the Community Trans- portation Association to be part of its application to receive and administer short-term technical assistance transit funds from USDA. The Nation will later be seeking FTA funds under the 5311 program, because it is located in a rural area. These may enhance some tribal transportation funds for the same purpose; to obtain operating and rolling stock capital in the form of small buses and minivans, the latter for feeder routes as part of a fixed- route system. The tribe’s intent is to base the system on tribal pri- orities and perspectives, including delivering people to the IHS clinic for treatment and to doctor appointments in the area, as well as to provide access to jobs. The tribe has also applied to FTA for an environmental justice grant to help ensure that the system adequately serves disadvantaged populations. Regional councils of government. None. State transportation agencies. The Oklahoma DOT is regarded as quite helpful, having provided a sizeable stock of manuals at no cost to assist the tribe’s efforts in developing its program. These include manuals for conducting traffic counts, meeting AASHTO standards, and others. Oklahoma DOT has a Tribal Transportation Advisory Committee, which meets every few months, and to which most tribes send one or two repre- sentatives; in the case of the Seminole Nation, this is usually the transportation director and planner. The state also has a tribal transportation coordinator who comes to the meetings. Other transportation providers. The tribe coordinates closely with the Seminole County Board of Commissioners, which acts as the de facto roads commission for the county. The county handles all road maintenance, but the tribe reimburses the county’s costs for the right-of-way agent where those involve Seminole Nation roads. Funding/Major Projects Operating expenses for the program during the most recent fiscal year were approximately $200,000 out of an allocation of approximately $1.4 million, all of which came from BIA. The operating expenses cover IRR system planning and construction management services. Capital expenditures were approximately $1.2 million, all of which came from BIA. The project completed during the last fiscal year was con- struction of the Mekusukey Bridge. Unmet Needs The greatest unmet needs are seen as: • Money (greater appropriations and allocations) to build roads • Tribal transit (see earlier descriptions) • Planning • Management The problem described with regard to planning is largely a remedying of internal shortcomings, with more roads being placed on the TIP than was realistic owing to “a lack of planning foresight.” With SAFETEA-LU now in effect, the need to understand the rules, and do better planning is even greater. Maintenance Under the Oklahoma Statutes, cities and counties operate and maintain the roads and bridges, so the role for the tribe is largely one of coordination and cooperation. However, as noted earlier, on new rights-of-way, the Seminole Nation agrees to pay the county to acquire right-of-way per federal standards, and stan- dards of the Seminole Nation and Oklahoma DOT. Cities and counties in Oklahoma also have the responsibility for operating and maintaining sidewalks and pedestrian facilities, bikeways and bike lanes, and signs. With regard to public transit, although the tribe has none in place yet, we are to be awarded a short-term technical assistance program through the Community Transportation Association and USDA for starting up a transit system. The system will be owned and operated by the Seminole Nation, serving the entire population of Seminole County and its cities.

Safety Programs Signalization. Not applicable. Signage. Not applicable. Channelization. Not applicable. Road reconfiguration. The tribe does these “as needed when designing and building a road” and for “improved alignment.” Speed control. Not applicable. Pedestrians and bicycles. Not applicable. Child car seats. Not applicable. Seat belt safety. Not applicable. Safe routes to schools. Not applicable. Alcoholism counseling or intervention related to the opera- tion of motor vehicles. The Tribal Alcohol Substance Program has been taken over and is operated now by the IHS, largely because it has more resources to commit to the program. Innovations/TTAP Assistance The tribe does not report any innovative practices at this time (although the prospective transit grant hints at the possibility in the future). 108 “TTAP has given us early warning about changes in policy and regulations. TTAP has offered short courses and seminars about various technical considerations (GIS, Shoring & Trenching, etc.). “TTAP has e-mailed and phoned us as necessary, as well as using mail for flyers and registration forms for the excellent short courses, and one- to three-day seminars they offer. Also, they were available when we wanted a break-out session at the Inter-Tribal Conference. Jim Self (the TTAP manager) attended, made an excellent presentation, along with others whom we had invited, and Dr. Self was a cooperative team player. TTAP staff is resourceful, helping us find information (and people) that we need for grant applications and TTIP work, etc. They are very helpful, courteous, and cooperative, a tremendous asset.” Desired Changes The tribe reports that it is overcoming a “disorganized pro- gram” by “hiring professional staff.” In terms of changes desired, the tribe would appreciate “anything that would expe- dite processing of paperwork and approvals at all levels.”

109 ldaho The Shoshone–Bannock Tribes P.O. Box 306 Ft. Hall, ID 83203 Date: September 28, 2005 Revised: June 8, 2006 Contact Information: Sherwin Racehorse, Transportation Planner (no longer there) Telephone: 208-478-3931 E-mail: sracehorse@shoshonebannocktribes.com Basic Tribal Data and Structure The tribe’s Planning Department Draft 2005 Comprehensive Plan—Demographic & Statistical Profile element states that, “There is no U.S. Census for the Fort Hall Indian Reservation per se. What the census does is compile data by small areas called blocks and larger areas called block groups. The next level of data is by census tract, tracts being made up of block groups. Data for cities, counties, school districts, states, and Native American homelands (Indian Reservations) is based on census tract and block group data. Census data files are available for block groups and tracts, and are combined to provide statis- tics for many other jurisdictions, areas, and types of place. The Fort Hall Indian Reservation contains seven block groups within its borders. It contains parts of four census tracts, but census tract-level data have been refined to separate out areas on- reservation.” It further identifies the year 2000 U.S. Census total reservation population as 5,759 (includes all races). According to the tribe’s Geographic Information System/ Remote Sensing Department, the land area totals 516,123.29 acres. (Base map was acquired from the BIA Geographic Data Service Center, Lakewood, Colorado.) The Shoshone–Bannock Tribes operate under an IRA- approved Constitution & By-Laws, and current laws, ordinances, and codes that represent Tribal self-governance and jurisdiction. On March 31, 1936, the U.S. Government put before the Tribes’ membership a draft IRA boiler-plate constitution, which was rat- ified by majority vote to the tribal membership present in accor- dance with the IRA of 1934. The constitution delegated primary and exclusive judiciary, executive, and legislative powers to the Fort Hall Business Coun- cil (FHBC). The FHBC has the authority to transfer its’ authority into subordinate boards, committees, or commissions; create/ amend various ordinances or codes; and reserves the right to check or amend. Today there are seven members of the FHBC elected annually serving staggered two-year terms of office. There are more than 70 tribal programs and/or departments operating under the Tribes’ executive director and the chairman of the FHBC. The Tribes has its own court system and police department. The last organizational schematic, identifying divisions and departments, was approved by a 1995 FHBC resolution. Transportation Responsibilities In 1997, the Tribes entered into a P.L. 93-638 (638 contract) project contract to complete a transportation plan and improve- ment program for the IRR program. The completed Shoshone–Bannock Tribes 2001 Comprehensive Transporta- tion Plan (Plan) identified eight major policy priorities and provided an IRRTIP. In 2002, the Tribes entered into an IRR program contract pursuant to P.L. 93-638 regulations and for- mally established a Tribal Transportation Department. The Tribes annually negotiate contract amendments and an Annual Funding Agreement with the BIA. The Tribal DOT administers, plans, and operates various transportation-related projects as identified on the IRRTIP and Plan. The Tribes subcontract var- ious road and bridge projects that include planning, design, and actual construction. The TERO applies in employment, training, and contracting. This transportation program includes the following elements: • Preparation and maintenance of a long-range transporta- tion plan • Preparation and maintenance of a capital budget or capital improvement program • Design and construction of new roads • Overseeing contractors in construction projects • Maintenance of existing roads • Maintenance of inventory of transportation facilities • Operation of a transportation safety program • Construction or maintenance of sidewalks • Construction or maintenance of bikeways and bike lanes The inventory of transportation facilities consists of the following: • Road and rights-of-way • Bridges • Signs Idaho

The inventory also includes field review and inputting data into a BIA 5704 form that constitutes a complex number of fields and sections related to condition, width, shoulder, func- tional classification, and other pertinent road data. Graphical strip maps and photos accompany the data that are subsequently submitted to BIA to be inputted into a national inventory data- base. According to the tribe, “BIA requires other unnecessary addenda including a completed Transportation Plan, which is a requirement for adding or updating existing routes. Regrettably, inventory is directly tied to a distribution formula identified in the new IRR rules and regulations.” Staff The Shoshone–Bannock Tribes have 10 FTE staff people working on transportation programs. Among these are one pro- fessional planner and one professional engineer. The rest are management, administrative, technical, and operational staff qualified subject to tribal personnel departmental criteria and position descriptions. The staff reports to the director of transportation or, in his absence, a designated appointee, according to an established chain of command criteria. Staff members are afforded various training opportunities as identified by the Tribes Personnel Department, the Idaho T2 Center, and the Northwest TTAP in Cheney, Washington. Planning The current transportation plan was approved in 2001 by resolution of FHBC. In 2005, the Tribal DOT was preparing an update to the 2001 plan and actively participating in tribal plan- ning efforts to complete a comprehensive plan. Dr. Dick Winchell of Eastern Washington University and the Tribal Transportation Planner, Sherwin Racehorse, prepared the Tribes’ 2001 Comprehensive Transportation Plan with on-going involvement and feedback from the Tribes’ Transporta- tion Committee. Approximately 10% of the plan has been implemented. Three significant elements contained in the plan were: • Creation of a Tribal Transportation Department through 638 contracting of the IRR program and creation of a Tribal Transportation Code and Commission to guide the Tribal DOT • Addressing roads maintenance deficiencies • Implementing a reservation-wide mass transit program Citizen participation was part of the planning process and took the following forms: • Charrettes • Public hearings • Public meetings • Survey • Tribal Transportation Committee serving as steering work group In addition, the transportation plan contains linkages with the following other planning activities by the Tribes: 110 • Land-use planning • Public utilities, including water and sewer • Historic preservation, cultural resources, and archaeology • Community and economic development • Comprehensive assessment of intermodal needs Coordination with Outside Agencies BIA. “The Tribes are responsible for conducting the local IRR activities of BIA on and off the reservation. At times the Tribes work directly with BIA–Ft. Hall Agency Superintendent; BIA Northwest regional office in Portland, Oregon; and/or BIA Division of Transportation in Washington, D.C., regarding IRR program matters.” U.S.DOT. The Tribes report “not much face-to-face involve- ment with U.S.DOT, although at times we hear from Tim Pen- ney of FHWA at a regional conference or meeting. Tribes are waiting for creation of an Indian desk in the U.S.DOT with some real administrative clout that would create a catalyst for change in the IRR program. There is a complete lack of government-to- government consultation with the FHBC and the U.S.DOT regarding transportation.” Other federal agencies. The FHWA–Idaho Division has little involvement with the Tribes, which also report “a complete lack of government-to-government consultation with the FHBC regarding transportation.” There is “some involvement between the BLM and tribal Fish & Wildlife department,” although Tribal DOT requests for BLM transportation-related planning documents go unanswered. Coordination of federal agencies with TIP and plan development by the Tribes is “non-existent and ineffective.” Regional councils of government. The Tribes had a non-voting seat on the board of the Bannock Planning Organization, the regional MPO, which included the mayor of Pocatello, county commissioners, and political membership. The tribal represen- tative left the board because he had no say in policymaking, and the position remains vacant. Bill Brower, the director of the transportation department, has been participating on the techni- cal review committee. The transportation planner has not had any contact with the Southeast Idaho Councils of Government. State transportation agencies. “Tribal written comments to the state of Idaho Transportation Improvement Program (the STIP) are not being responded to by [Idaho] DOT or its Trans- portation Board. The Local Highway Technical Assistance Council (LHTAC), a state legislative body with transportation financing authority, does not share in federal or state financing with Indian tribal governments. The LHTAC disqualifies Indian tribal governments regarding Surface Transportation Program funding applications.” The tribes believe that the state is not liv- ing up to legal planning requirements, and describe receiving money from the state as a “continuous battle,” primarily because of controversy over collecting a fuel tax through tribal enter- prises. There are also conflicting police jurisdictions in terms of who enforces laws on tribal roads. County transportation agencies. With MPO funding, coun- ties have implemented dust abatement projects that entailed paving BIA roads; therefore, effectively, the counties are taking over tribal roads. They justified their actions by telling the tribal transportation planner that the area of the MPO was determined by documented air shed, which meant that the reservation

111 should be included as a policymaker in the Bannock Planning Organization; however, the board then denied this claim and refused to invest in the reservation itself. Other transportation providers. Pocatello Regional Airport is located on the reservation, but the tribes do not operate this facility. Funding/Major Projects Operating expenses for FY 2005 were $2.34 million as nego- tiated in the Annual Funding Agreement. Of this total, 18% came from BIA (Interior Road Maintenance). The TEA-21 Highway Trust Fund provided 71.5%, whereas tribal revenues supplied the balance. There were no capital expenditures in either FY 2004 or FY 2005. No projects were completed in the last year because all were in various stages of development. The tribes attempted to access a percentage of the state- collected fuel tax for road maintenance, estimated as costing $560 per road mile. Approximately 90% of the current mainte- nance budget is devoted to labor costs. The state refused to give the tribes a portion of their fuel tax, so the tribes decided to add a fuel tax in their own tax code that would be implemented by tribal enterprises. The state challenged the tax code in court; however, the U.S. 9th Circuit Court ruled in favor of the tribes. Currently the state is using the decision against the Potawatomi tribe’s fuel tax to overturn the previous ruling. Unmet Needs The greatest unmet needs are seen as: • Adequate levels of funding for a backlog of transportation projects. • “Bureaucratic and unnecessary barriers to input road inventory data into BIA national database.” • “Clearly inadequate Department of Interior funding for road maintenance needs. Tribes obtain six to eight times less funding per road mile than state and local subdivisions of state. Zero funding is provided for investment of the needed heavy equipment such as chippers, spreaders, road grading, and snow removal. States such as Idaho fight tribal sover- eign rights to fuels taxes and do not contribute to Tribes although Tribes have paid state-collected fuels taxes.” Maintenance Roads maintenance is staffed with four FTE heavy- equipment operators, one temporary heavy-equipment operator, one temporary equipment maintenance person, and one staff support specialist. The transportation director manages and supervises the roads maintenance program. The Tribes have 638-contracted road maintenance activities, although there is inadequate funding. Interior funding averages $325,000 per year. The Tribes in 2005 contributed general funding to supple- ment maintenance needs such as snow removal wherein these funds could be utilized elsewhere. Tribes have inherited out- dated and dilapidated heavy equipment and do not have the financial resources to adequately maintain more than 400 miles of IRR. School bus routes and roadways for medical patients (e.g., diabetics, pregnancies) receive priority. Tribal roads maintenance personnel maintain bridges with BIA interior road maintenance funding. “The Tribes may receive periodic spurts of BIA funding if and when it becomes available. Bridges fall into unacceptable conditions and rate high on suffi- ciency ratings and needs for replacement and rehabilitation. There is inadequate federal funding for bridge maintenance.” The Tribes comment that rights-of-way are “a national prob- lem that is a detriment to the enrolled membership of the Tribes on and off the Fort Hall Indian Reservation.” Under previous BIA administration, rights-of-way were not acquired, “causing a huge financial detriment reservation-wide, providing addi- tional problems during project development.” Current construc- tion costs (IRR) for right-of-way acquisition are approximately $75,000 per road-mile. Trespass issues are currently going through a tort claim process because IRR funding cannot be used to resolve these issues. The Tribes have an estimated 1.5 miles of acceptable pedes- trian facilities that have been constructed as part of past IRR reconstruction and paving projects within the Fort Hall commu- nity. The 2001 plan identifies a vital need to provide for alter- native design and separate vehicular traffic from pedestrian use. The tribal DOT and the Tribes facilities department share in the maintenance and upkeep. The Tribes have no established bikeways on the reservation, although current design alternatives are being considered for the Fort Hall community in a currently designed road project proposing to merge bike and pedestrian ways and separate them from vehicular traffic. Tribal DOT provides daily and weekly assessment of the roadways, provides recordkeeping, and replaces signage on a continual basis. The general public also contacts tribal DOT when a sign needs to be replaced or to request the posting of signs. If a signage problem exists on a county or state route, the tribal DOT contacts the responsible entity and the needed signs are replaced as soon as possible. The Tribes have allocated addi- tional funding in the 2005 budgetary process for the mainte- nance side of the tribal DOT and some signage is being installed on various roadways. More funding is required to adequately provide for a reservation-wide assessment and installation pro- gram for signage and striping projects. Safety Programs Signalization. The Tribes are planning signalization within road project design within the Fort Hall community. Signage. The program includes “sporadic signage purchas- ing and installation subject to funding. Tribal DOT interacts with the general public, counties, and tribal and local law enforcement authorities to include road patrol by roads mainte- nance and a transportation safety/training specialist to identify problem areas and do sign posting and/or replacement. Channelization. Tribal DOT establishes traffic control zones to divert traffic during emergencies. However, most major trans- portation projects are rural. Road reconfiguration. The top-priority TIP project has required survey realignment and acquisition of road right-of-way.

Speed control. Tribal DOT interacts with the general public, counties, and tribal and local law enforcement authorities to include road patrol by roads maintenance and a transportation safety specialist to identify problem areas, set up traffic coun- ters to monitor speed, and provide safety alternatives. Pedestrians and bicycles. Implementation of pedestrian and bicycle paths within roadway design affecting the Ft. Hall Com- munity is currently in the planning phase. Child car seats. The Tribes have an established program within their health department for providing child car seats and awareness campaigns. Seat belt safety. Tribal Health and Tribal Jr./Sr. High School provides some awareness training for clients and children. Safe routes to schools. Tribal Health and Tribal Jr./Sr. High School provides some awareness training for clients and chil- dren. Tribal DOT provides snow removal of school bus routes, interacts with county and state highway officials in keeping school bus routes clear during winter months, and assists in gen- eral snow removal duties. Safety-related awareness notices are posted in local newspapers. Alcoholism counseling or intervention related to the opera- tion of motor vehicles. Tribal Health and Tribal Jr./Sr. High School provides some awareness training for clients and chil- dren. The Tribal DOT’s safety/training specialist interacts with high school officials in safety awareness programs that include alcoholism and operation of vehicles. Other. Tribal DOT has a full-time staff person assigned to issues of training and safety during field maintenance activities and actual construction of projects. The Tribes’ 2002 plan has a relevant section on highway safety that includes a police report- ing requirement, although training and funding are needed to establish and maintain such a program. Past asphalted overlay projects have created abrupt edges requiring additional expense and improvement to build roadway shoulders. There is a long-term standing transportation committee involved with Indian health, mainly to provide snow removal for residents on the medical priority list, such as pregnant women and diabetics. The Snow Removal Committee led to the creation of a new Public Safety Committee that handles transportation concerns in light of homeland security issues. Earlier there was a Tribal health representative on the Transportation Committee, but this position was phased out to transition to a new commis- sion. Currently there is an Interim Transportation Commission, and an attorney is drafting a code to establish a permanent commission. Innovations/TTAP Assistance Transportation planner Sherwin Racehorse offers the fol- lowing advice: “First, consider all modes of transportation as you conduct a transportation planning process, make sure that the ‘Plan’ is a tribal plan—not a plan that suits a federal employee of BIA. Be proactive, and find out about the federal finances and its process to obtain funding. Learn the 638 contracting/compacting processes and build a team of adminis- tration, engineering, and legal people to negotiate a contract/ compact and your tribal share(s) of the funding. Have your attor- ney draft a contract and propose it to BIA—don’t settle for BIA standard contract, as it is probably outdated and unsuited to serve the tribe’s best interests. Propose a scope of work that is 112 favorable and can be accomplished. Conduct your road inven- tory and require all data to be updated, specifically average daily traffic counts. Make sure your inventory submissions are inputted into the national IRR inventory database and be prepared to seek litigation or other administrative remedies. Read and interpret the IRR regulations and seek answers to questions. Create a steering committee to guide and respond to the plan and TIP. Initiate a draft TIP and schedule meetings and public hearings seeking public comment. Document the plan- ning process. Implement your TIP and policy visions.” With regard to the TTAP, “Since 1996 the Tribes have uti- lized the Northwest TTAP (NWTTAP) as it provided the Tribes with a draft scope of work that was eventually modified and served as the basis for the Tribes’ first tribal planning process. The employees who worked and are currently working for the NWTTAP are organized to respond to any tribal client in a timely manner providing a range of training sessions in a broad spectrum of topics. The NWTTAP has assisted the Tribes in providing a specialized core course work in planning. It serves the Affiliated Tribes of Northwest Indians—Transportation Committee to which the Tribes belong and in which they par- ticipate. Other TTAPs are accessible by web link to offer spe- cific training opportunities in other transportation subjects that the NWTTAP may not offer.” Desired Changes Mr. Racehorse reports, “The bureaucratic and paternalistic approach of BIA was one of the greatest hurdles that the Tribes partially overcame. At times it seemed that BIA was working against the Tribes, although the federal contracting regulations required BIA to assist and not deter. BIA approach to consulta- tion is still lacking as there appear to be personnel problems in BIA Division of Transportation that are adding more problems that the Tribes have to deal with. Additionally, the timely obli- gation of federal funding into tribal coffers has been a continu- ous problem as the Tribes received contract funding in the fourth quarter of each fiscal year, whereas the funding should be pro- vided in the first quarter so that projects could be advanced in a timely manner. At times, Tribes had to lay off tribal planners because of a lack of annual and timely funding. 23 USC Sec. 134 & 135 requires consultation with Indian tribal governments in statewide transportation planning, but that is lacking in the state of Idaho. We are disqualified for application of highway cate- gories and do not have a voting seat where decisions are made on transportation investment. We believe that the laws were cre- ated so that tribes could leverage their IRR dollars with state dol- lars to build public infrastructure on the IRR system—that is currently not working effectively.” The change most desired by the Tribes, Mr. Racehorse notes, would be to “require BIA to timely document the existing infra- structure in Indian country and reservations without putting up the issue of funding distribution. That may be the most impor- tant issue in 2005 from the tribal viewpoint as BIA inventory documentation process is too cumbersome, overly technical, contrary to the recent IRR Rule and serves as a detriment to Indian tribal governments.” He would also like the state legisla- ture to become more educated about the urgent need for road maintenance on the reservation, but also understand that roads are an issue of sovereignty.

113 Colorado Southern Ute Indian Tribe P.O. Box 737 Ignacio, CO 81137 Date: July 14, 2005 Contact Information: Rodney Class-Erickson, Tribal Planner Telephone: 970-563-0138, ext. 2270 Fax: 970-563-0396 E-mail: rerickso@southern-ute.nsn.us Basic Tribal Data and Structure The Southern Ute Indian tribe has a 2000 census population of 1,117. The tribe’s total reservation land area is 309,000 acres. The tribe uses a system in which parts of the tribal land are allot- ted to members of the tribe. The governance structure of the tribe is a six-member chair- man council with an elected chairman. All of the council mem- bers are elected at large. Transportation Responsibilities The Southern Ute Indian Tribe operates its own transporta- tion program and contracts some transportation functions to a consultant. BIA also provides some transportation services to the tribe. The tribe conducts the following activities: • Operates a transportation safety program • Operates a public transportation system. The tribe operates a shuttle service. • Constructs and maintains sidewalks (with assistance of a consultant) The tribe contracts with a consultant for the following activities: • Prepares and maintains a long-range transportation plan • Operates air, freight, rail, port, or multi-modal facilities BIA conducts the following activities: • Oversees contractors in construction projects • Maintains existing roads. Some maintenance is also done by the state of Colorado. The tribe and BIA conduct the following activities: • Design and construct new roads. The tribe does this as part of P.L. 93-638 programs. • Prepare and maintain a capital budget or capital improve- ment program. • Maintain an inventory of transportation facilities, includ- ing the following – Road and rights-of-way – Pavement management system – Bridges. Staff The tribe reports two FTE staff working on transportation projects, one of whom is a professional planner and one a con- struction project manager. The staff does not include a profes- sional engineer. The transportation staff reports to the executive officer of the planning department. BIA through its LTAP program provides training and con- tinuing education for transportation staff. Planning The tribe’s long-range transportation plan was last updated in December 1999 by consultant DMJM in Colorado Springs. The time frame is five to seven years, consistent with IRR requirements. The chairman and council adopted the plan in December 1999. The consultant URS Corp. is currently work- ing with the tribe to update the plan. According to Mr. Class-Erickson, three significant proposals contained in the plan are: • County Road 314 reconstruction and regrade • Access road to interior streets of new housing development • County Road 316 paved for one mile Six of the 15 major projects proposed in the 1999 trans- portation plan have been completed to date. BIA is currently designing one additional project. Therefore, the plan has a 40% implementation rate. Colorado

Citizen participation was included in the planning process in the form of public hearings. The transportation plan contains linkages with the following other planning activities by the tribe: • Land-use planning • Public utilities, including water and sewer • Historic preservation, cultural resources, and archaeology • Community and economic development Coordination with Outside Agencies BIA. The tribe is constantly encouraging BIA to move for- ward efficiently with design, construction, and maintenance. Approvals of design plans for P.L. 93-638 contracts can take up to one year. U.S.DOT. The tribe meets regularly with FHWA. Regional councils of government. The tribe meets regularly with Colorado Region 9 Economic Development District staff. State transportation agencies. The tribe meets regularly with Colorado DOT staff, including a monthly meeting with the state’s Transportation Advisory Committee. Local transportation agencies. The tribe has monthly meet- ings with local transportation departments. Funding/Major Projects Mr. Class-Erickson indicated that he cannot estimate operat- ing expenses for 2004, but notes that all operating expenses were paid for though tribal sources. Capital expenditures for 2004 were $1.6 million, all of which came from BIA IRR program. Two major projects that were completed in 2004 were: • County Road 314 realignment for safety purposes • County Road 316 reconstruction Unmet Needs The three greatest unmet needs for transportation projects are: • La Boca Road reconstruction • A new local connector to the West Ignacio area • Southern Ute 140 reconstruction (a bridge across the Pane River) Maintenance Maintenance of roads, including roads providing access to the reservation, is handled by BIA. BIA maintains bridges on tribal roads. Sign maintenance is also the responsibility of BIA, although Mr. Class-Erickson notes that BIA is not meeting its trust responsibility for this. 114 Colorado DOT and La Plata County maintain bridges that are not on tribal roads. The land division of the Tribal Natural Resources Department handles right-of-way maintenance. The tribe also maintains sidewalks and pedestrian facilities, although Mr. Class-Erickson indicates that lack of staff resources and funding makes it impossible to meet even basic needs. Public transportation is maintained by the Southern Ute Community Action Program. Safety Programs Signalization. None. Signage. None. Channelization. None. Road reconfiguration. None. Speed control. The tribe has a speed trailer to show how fast vehicles are traveling. This is used at special events. The state and county are responsible for speed control. Pedestrian/bicycle/sidewalk safety. The tribe holds “bicycle rodeo” and “safety city” safety events. Child car seats. Handled by the tribes’ community resource program. Seat belt safety. The tribe holds annual media events. It also has check points and warnings and keeps statistics on seat belt use. Safe routes to schools. None. Alcoholism counseling or intervention related to operation of vehicles. The tribe has DWI checkpoints each year at night- time. The tribe has adopted the state 0.08 law though an inter- governmental agreement with the state of Colorado. Also, the tribe has a “wellness court” program for people with alcohol problems. Innovations/TTAP Assistance The tribe’s wellness court has been an effective method for treating alcoholism. The speed trailer and the adoption of a 0.08 blood alcohol limit (with intergovernmental agreement) have improved transportation safety. The tribe is not currently involved with TTAP, although Mr. Class-Erickson indicates that he has attended a few TTAP workshops. Desired Changes Inadequate funding has been a challenge for the Southern Ute Indian tribe’s transportation program. One recommended change would concern the 638 BIA roads program. Mr. Class-Erickson indicated that he would like the tribe to handle this instead of BIA. He says that the biggest prob- lem is that it is not adequately funded to administer the program adequately.

115 North/South Dakota Standing Rock Sioux Tribe P.O. Box “D” Fort Yates, ND 58538 Date: May 5, 2006 Contact Information: Pete Red Tomahawk, Transportation Programs Director Telephone: 701-854-7400 E-mail: srsttp@westriv.com Basic Tribal Data and Structure According to the 2003 BIA Labor Force report, the popula- tion of the Standing Rock Sioux Tribe is 13,848. The tribe has a land area of 2.3 million acres. Approximately 5,000 non-Indians live within the reservation boundaries, most of whom are ranch- ers and farmers. The tribal government consists of a tribal chairman, vice- chairman, secretary, and 17 elected council members. Transportation Responsibilities The tribe operates its own transportation program and has P.L. 93-638 projects and contracts with the Great Plains Region BIA Branch of Roads. The program includes the following elements: • Preparation and maintenance of a long-range transporta- tion plan and road inventory by the tribe • Design and construction of new roads with tribal roads pri- ority by the tribe • Overseeing contractors in approved construction projects by the tribe • Maintenance of existing 128 miles of tribal roads by the tribe, 232 miles of BIA roads by BIA, and South Dakota and North Dakota roads by the respective state • Maintenance of inventory of transportation facilities by the tribe and BIA • Operation of a transportation safety program by the tribe and BIA • Operation of a transit service by the tribe • Design and construction of sidewalks by the tribe and their maintenance by BIA • Construction of multi-use pedestrian and bicycle paths by tribe and their maintenance by BIA With regard to design and construction of new roads, the tribe “hired through advertisement an engineering consultant firm.” The firm provides tribal design with approval by the tribe, looks at construction of new roads, and puts out requests for bids, with the tribe monitoring the work. The engineering consultant is responsible for seeing that work follows all plans, specifications, and estimates. With respect to oversight of con- tractors, the Standing Rock Sioux Tribe “also works with attor- neys in looking at contracts to make sure everything is being covered.” The tribe’s TIP states that improvements it makes with fed- eral funds must be in the IRR inventory to be eligible. The tribe annually receives an inventory from BIA of branch roads, with strip mapping, a description telling the story of each road, and when it was paved and graded. The tribe’s public transportation system includes a bus sys- tem, van services, and handicapped access for children and adults, all operated by Standing Rock Tribal College. The tran- sit service has been “very successful for 15–20 years.” The inventory of transportation facilities consists of the following: • Road and rights-of-way • Bridges • Signs • Management systems (pavement, bridges, safety, and congestion). With regard to the road inventories, the tribe notes, “SAFETEA-LU mandates that we have the inventory in place. When you have BIA owning the whole three blocks going down street in Fort Yates, the whole area is now more commonly known as federal reserve land. For example, trees went into the right-of-way, and we had to take them out.” Some residents opposed taking the trees down, but the “majority of the trees were diseased—huge cottonwood trees.” There was a tree miti- gation plan for replacement. On the second point, bridges within the reservation were placed on BIA bridge inventory. North Dakota South Dakota

With respect to signs, BIA “provides and maintains the sign inventory. FHWA road safety audit found BIA dropped the ball in providing signs that should have been in place. This is part of the justification for the comparison with state roads.” Staff The Standing Rock Sioux Tribe has one full-time staff per- son devoted to transportation planning and five full-time main- tenance workers. This individual reports to the tribal council and the Tribal Economics Committee, which oversees the roads pro- gram. The planner attends BIA IRR, TTAP, state DOT, and FHWA training. Planning The current transportation plan was prepared by the tribe’s transportation planner in 2000, with a ten-year time frame. In April 2006, the tribal council approved amendments to the 5-year TIP. Most of the plan has been implemented. The signif- icant element contained in the plan was innovative (or flexible) financing of a $26.5 million program of improvements. Citizen participation was part of the planning process and took the following forms: • Public hearings • Public meetings at both casinos In addition, the transportation plan contains linkages with the following other planning activities by the tribes: • Land-use planning • Public utilities (instead of placing water and sewer lines directly underneath the roads, necessitating the tribe to tear up the roads when the lines need to be serviced, those lines will be placed in alleys) • Tribal Historical Preservation Program • Community and economic development • Housing authority (by utilizing vacant lots and existing BIA rights-of-way for new houses and coordinating nec- essary infrastructure, including roads) • Schools • Township/county (two counties, Corson in South Dakota and Sioux in North Dakota, are contained entirely within reservation boundaries but are subsidiary jurisdictions of the states) Coordination with Outside Agencies BIA. “BIA schedules a consultation with tribes in looking at projects on reservations.” There is BIA headquarters on the reservation that allows for easy access to records of landowner- ship, so tribal members can make use of their allotted lands and keep track of lease incomes from farm and range land. U.S.DOT. “Again, SAFETEA-LU mandates consultation by states and BIA through tribe.” Other federal agencies. “State DOTs and their STIP coordi- nates with BIA TIP for the tribe.” FHWA provides training, consultations, and additional sources of funding, such as the Coor- dinated Federal Lands Highway Technology Implementation 116 Program grant that was given to the tribe in 2004 for investment in GISandGPStechnologies to enhance road inventory and planning. Regional councils of government. As noted in the section on linkages, the tribe of necessity coordinates with the two coun- ties contained within the reservation. State transportation agencies. Through the state DOTs the tribe can access money from the NHTSA for car seats, training, etc. Other transportation providers. None. Funding/Major Projects Operating expenses totaled $1.3 million for 2004, mostly consisting of IRR funds from BIA. Capital expenditures were $26.5 million as a result of the tribe’s flexible financing plan. The motor fuels tax “generates about $500,000 per year in North Dakota and more in South Dakota.” The funds are used to hire tribal personnel and do maintenance and construction of new tribal roads. Without the funds, the tribe would not have been able to purchase their heavy equipment, which includes motor graders, front-end loaders, Caterpillars, trucks, Belly (semis), to carry heavier loads. The tribe has its own rock crusher and screener for gravel. The main project was the Bullhead East and Communities Streets Project, costing $26.5 million. Unmet Needs The greatest unmet needs are seen as: • Need more highway funding for construction and mainte- nance of roads • Better coordination with other tribal agencies, such as the Housing Authority • Maintenance funds for the 232 miles of roads in the inventory • Lack of safety funds (need for state “to step up safety fund- ing. We have to waive sovereign immunity to get dollars from state.”) • Need for more planning money Maintenance Three sources of funding Tribal Gaming and Motor Fuel Tax funds. Tribal Motor Fuel Roads Maintenance is supported with the use of North Dakota and South Dakota motor fuel tax agreement funds. BIA funds “decrease every year.” BIA contracts out bridge inspection under the tribe’s P.L. 93-638 contract. BIA’s Branch of Roads handles right-of-way maintenance. Sidewalks and pedestrian facilities are maintained under the BIA’s Rights- of-Way program. BIA also handles maintenance for bikeways and bike lanes as well as signs. The tribal college handles main- tenance for the tribe’s public transit system. Safety Programs The tribe coordinates safety programs with FHWA, state DOTs in North and South Dakota, and BIA. Signalization. There is school crosswalk signalization in high-traffic areas.

117 Signage. This is part of the recent inventory. Channelization. Not applicable. Road reconfiguration. There have been lane additions and markings to facilitate smoother traffic flow. Speed control. Signage has been added, and law enforcement activity increased, in areas where there is a high probability of vehicle and pedestrian interaction. Pedestrians and bicycles. The tribe has done construction in past and recent years to remove pedestrian traffic from vehicle use areas. Child car seats. Tribal staff is certified in the use and train- ing of these devices for distribution to families. NHTSA certifi- cation is sponsored by the North Dakota–South Dakota Safety Program. Seat belt safety. There is advertising and sponsorship of sup- port material to increase awareness of seat belt use. Safe routes to schools. “Busing and walking paths are in place in adequate numbers to meet the demand of students get- ting routed to schools in a safe and appropriate manner.” Alcoholism counseling or intervention related to the opera- tion of motor vehicles. The state DOT and FHWA recognize tribal certification addressing countermeasures. “BIA safety funds should be directed to the regional level instead of Albu- querque, New Mexico, level. They don’t know the problem and solutions.” Innovations/TTAP Assistance The tribe’s single landmark innovation lies in its flexible financing agreement, through which it overcame a problem that is pandemic in Indian Country; namely, the inadequacy of IRR funding to match the backlog of maintenance and construction needs facing 56,000 miles of road. The current estimated fund- ing need is approximately $10 billion, equal to an entire gener- ation of current funding for all tribes in the United States. The Standing Rock Sioux Tribe estimated a current need for $26.5 million to upgrade its roads, divided across five districts in North Dakota and three in South Dakota. Its current IRR allocation was $1.3 million, meaning that it would have taken 20 years to meet those needs under existing funding arrangements. The tribe worked with its North Dakota and South Dakota Congressional delegation, including U.S. Senator Byron Dorgan and U.S. Rep Earl Pomeroy, to win approval for a new arrange- ment in which it could leverage the IRR allocations as yearly payments toward a $26.5 million long-term, private commercial loan from Wells Fargo Bank, using terms in TEA-21. The agree- ment was completed in 2004. With the loan in hand, the con- struction work on public roads within the reservation is expected to be completed within three years. The advantages lay in elim- inating major threats to public safety with potholes on dirt and gravel roads and overcoming roadblocks to economic develop- ment as a result of poor infrastructure. As well, the tribe tackled needs for improved street lighting. The tribe makes use of the BIA and FHWA jointly funded program of six national Tribal Technical Assistance Programs and one is located at the United Tribes Technical College, Bis- marck, North Dakota, called the Northern Plains Transportation Technical Program, which it says is “doing an excellent job.” Activities in this area include organizing and providing training, certifications, and information transportation sharing within the geographic area of Montana, Wyoming, North Dakota, South Dakota, and Nebraska totaling 26 federally recognized tribes. Desired Changes The goal is to have safe and improved construction and keep- ing roads maintenance lasting longer with improved technology for roads and bridges with the Tribal, BIA, North Dakota, South Dakota counties, and North and South Dakota DOTs and federal transportation agencies systems working together. The need is for more funding; the tribes are all appreciative of the new highway authorization SAFETEA-LU, but the con- struction and maintenance needs are so great with roads and bridges, and the cost is so expensive for a mile of improvements in rural areas because of high materials cost and the current high cost of fuel.

118 Arizona Tohono O’Odham P.O. Box 837 Sells, AZ 85634 Date: June 15, 2005 Updated: June 5, 2006 Contact Information: Fred Stevens, Project Specialist Telephone: 520-383-4550 E-mail: fredwhatgis@yahoo.com Basic Tribal Data and Structure The Tohono O’Odham tribe has a 2000 census population of 10,734. Its total land area consists of 2,845,443.1 acres. Its gov- ernance structure has three branches: executive, legislative, and judicial. The executive is the chairperson, who is elected for a two-year term. The legislative council has 22 representatives, with two elected from each of 11 districts for concurrent two- year terms. The judicial branch consists of the courts, police department, and law enforcement. Transportation Responsibilities The tribal government contracts for most transportation functions through BIA. Through BIA, the tribe is responsible for the following programs: • Preparation and maintenance of a long-range transporta- tion plan by PAIKI. There is currently no long-range transportation plan for the Nation. Funding is key for establishing the plan. • Preparation and maintenance of a capital budget or capital improvement program. This is under BIA operations. • Operation of a transportation safety program • Maintenance of inventory of transportation facilities by a consultant, including the following inventories: – Road and rights-of-way – Bridges – Signs The following components are operated by BIA: • Design and construction of new roads • Overseeing contractors in construction projects • Maintenance of existing roads • Construction or maintenance of sidewalks • Construction or maintenance of bikeways and bike lanes IHS and a private transportation company provide transit services. This is only for employees who come in from out- side the Nation, which does not have a transit system for peo- ple of the Nation who are in need of a ride to the clinic for appointments. Staff The tribe employs 7.25 FTE staff for transportation pro- grams. None are planners, but there is one BIA engineer. Seven of these employees are employed under the BIA Roads Program under the Papago Agency. The roads program maintains all work on BIA roads. BIA employees report directly to Nina Siqueros, superintendent of BIA Papago Agency in Sells, Arizona. She reports directly to BIA Western Regional Office in Phoenix. Mr. Stevens is employed with the tribe as a planner, spend- ing 90% of his time on transportation. His supervisor is Marilyn Celestine, acting director of the planning department. She reports directly to the chairperson of the Nation. Training for the staff is arranged through both TTAP and BIA, using the TTAP associated with the University of Utah. Training is also provided through the Pima Association of Governments (PAG). Planning The tribe’s last transportation plan was prepared in 1994, but was never accepted. There was dissatisfaction with the plan because Presnell Consulting (PAIKI), an engineering firm located in Albuquerque, had prepared the plan without a full understanding of the local needs. For instance, citizen partici- pation took place in the form of one public meeting, which did not include the interests from each of the 11 separate districts. The tribe recently chose PAIKI to complete a new plan once there is sufficient funding available. According to Mr. Stevens, three high-priority projects are: • Installing culverts to prevent the frequent flooding of BIA Federal Route 31, which also requires repaving owing to deterioration from flooding. • Repaving of BIA Federal Route 42, which runs along the northern border of the reservation. The road has deteriorated Arizona

119 to such an extent that school buses bringing students to school off the reservation have reported extensive damage as a result of the road’s condition. • Maintenance for Gu Vo Community Loop, an existing road off BIA Federal Route 1 that needs paving and some attention to drainage. Citizen participation will be part of the planning process in the following forms: • Public meetings in each of the 11 districts of the reservation • Survey In addition, the transportation plan will contain linkages with the following other planning activities by the tribes: • Land-use planning • Public utilities, including water and sewer • Historic preservation, cultural resources, and archaeology • Community and economic development Coordination with Outside Agencies BIA. BIA staff is responsible for many aspects of the trans- portation program. U.S.DOT. There is little direct coordination with U.S.DOT. Other federal agencies. IHS uses vehicles from a car rental agency to operate a share-a-ride program, and the BLM provides mapping services. Regional councils of government. The reservation is in three different counties, and the tribe is a member of PAG. Mr. Stevens sits on a transportation implementation plan committee, whereas the chairwoman sits on the PAG board of which the tribe is a voting member. The tribe is involved in setting the county’s priorities in the transportation improvement plan and planning for enhancement projects. State transportation agencies. The state provides some alter- native funding opportunities for programs such as the joint ini- tiative between transportation and youth art. Arizona DOT is also responsible for maintenance for Highway 86 and Highway 386, the road to Kitt’s Peak Observatory. Other transportation providers. A private company pro- vides buses between the reservation and surrounding areas. Students ride school buses from the Stanfield public school system. Funding/Major Projects Operating expenses for 2004 entailed $465,000 for mainte- nance. All of this money came from BIA. Capital expenditures for FY 2004 totaled $2,050,000, which includes $2 million from BIA and a $50,000 grant from the state of Arizona for a joint initiative of youth art and transportation enhancement. Young artists worked on projects such as signs and overpass murals. The tribe has another $175,000 state grant pending to extend this program. The main projects in FY 2004 consisted of construction of a loop road extending approximately 6.3 miles, and the con- struction of a paved 2.1-mile road off State Highway 86 to a community within the reservation. Unmet Needs The greatest unmet needs are seen as: • Funding for road maintenance • Personnel to perform the maintenance Maintenance BIA, local, and county officials handle maintenance of all roads, bridges, signs, rights-of-way, and sidewalks on the reservation. Safety Programs Signalization. There is one traffic signal in Tucson, taken care of by the city. Signage. Signage is handled by BIA. Channelization. Pima County is considering adding left- and right-turn lanes at the traffic signal, where there have been many accidents. Road reconfiguration. Pima County is including some road reconfigurations in its transportation improvement plan. Speed control. BIA sets and posts speed limits. Pedestrians. There is an ongoing project being managed by both BIA and the NHTSA. They are trying to bring in more safety through signage or construction of bridges and over- passes. The tribe is trying to secure funding; the project is in the planning phase. Arizona DOT is slowly working toward installing shoulders on Highway 86. The ongoing project is being conducted by NHTSA, BIA, and the tribe. Child car seats. Managed by the tribe, the program provides free child car seats funded through the federal Women, Infants, and Children program. Seat belt safety. The tribe’s judicial office oversees enforce- ment of seat belt safety laws. Safe routes to schools. The tribe is awaiting funding to repair the main road used by school buses. Alcoholism counseling or intervention related to the opera- tion of motor vehicles. Tribal health department operates an alcoholism program for the tribe. Innovations/TTAP Assistance The tribe is a beneficiary of the county disability van pro- gram, which subsidizes buying disability vans up to 80 or 90%. Two districts so far have received vans in 2004 and 2005. PAG is training the drivers on how to handle disabled people and the districts are responsible for the drivers and the operation. The tribe has utilized the TTAP mainly for constructing and grading drainage and roads. They have conducted a workshop to show heavy equipment operators how to construct dirt roads and do grading and draining, but also have received training on dust control, which is largely handled through a mixture of water and salt, paved down. Desired Changes Mr. Stevens believes that members of the tribal government need more knowledge of transportation issues to be effective plan- ners, and correspondingly BIA needs to make more of an effort to educate tribal leaders and keep them informed about the process.

120 Nebraska Winnebago Tribe of Nebraska P.O. Box 687 100 Bluff Street Winnebago, NE 68071 Date: June 13, 2005 Revised: June 7, 2006 Contact Information: Ron Nohr, Transportation Planner Telephone: 402-878-3207 E-mail: nohr@gpcom.net Basic Tribal Data and Structure The Winnebago reservation in Nebraska totals 8,100 acres. The 2000 U.S. Census indicates a tribal enrollment of 7,409, although only a small portion of the members live on the reser- vation. The tribe is governed by a nine-member tribal council, elected at large, for staggered three-year terms. Transportation Responsibilities The Winnebago Tribe of Nebraska operates its own trans- portation program with technical assistance from BIA. The pro- gram includes the following components: • Preparation and maintenance of a long-range transporta- tion plan • Design and construction of new roads • Overseeing contractors in construction projects • Maintenance of existing roads • Maintenance of inventory of transportation facilities • Construction or maintenance of sidewalks • Construction or maintenance of bikeways and bike lanes The inventory of transportation facilities consists of the following: • Road and rights-of-way • Bridges • Signs Staff The Winnebago Tribe has three FTE staff members devoted to transportation programs. None of these are professional plan- ners, but there is one full-time licensed civil engineer. There are five staff members who work on maintenance and construction, though they spend up to 60% of their time on nontransportation- related projects. The transportation staff reports to the roads department director, Charles Sharpback. The tribe’s training and continuing education program for in-house staff involves send- ing people through Occupational Safety and Health Adminis- tration training, training in the use of GIS, and the use of heavy equipment. Planning The tribe is scheduled to complete its first long-range trans- portation plan in June 2006, which has been coordinated by BIA staff. It covers a 20-year time frame, and BIA has already com- pleted plans for the first project on the priority list. Three significant projects contained in the plan are: • Resurfacing, widening, and installing culverts on St. Augustine’s Road and bridge, which lead to administrative buildings, businesses, and schools, and is projected to cost $350,000. • Widening and adding deceleration lanes to Nebraska State Highway 77 near the high-traffic gas station that the tribe recently built north of the town. • Grading and drainage for Honey Creek Road, a rural road that leads to a few houses. Citizen participation was part of the planning process and took the form of public discussions at tribal council meetings. In addition, the transportation plan contains linkages with the following other planning activities by the tribes: • Land-use planning • Public utilities, including water and sewer • Historic preservation, cultural resources, and archaeology • Community and economic development Coordination with Outside Agencies BIA. BIA staff provides technical assistance with transporta- tion inventory, planning, and design. U.S.DOT. The tribe does not deal directly with U.S.DOT. Other federal agencies. The Roads Department is involved with IHS and U.S. Army Corps of Engineers projects, even though these often do not pertain to transportation, because they own and can operate heavy machinery involved in construction and maintenance. Regional councils of government. The relevant group would be the Siouxland Interstate Metropolitan Planning Commission, but the tribe has “never done anything with them.” Nebraska

121 State transportation agencies. The tribe works with the Nebraska State Department of Roads (NDOR) because of two state highways, 75 and 77. The tribe has coordination meetings with NDOR as needed every couple of months, and they attend regular annual meetings to evaluate state transportation plans. The tribal staff talks to Chris Winters, District 3 engineer in Norfolk, Nebraska. The tribe is also always invited to participate in meetings, held at least annually, to review the department’s one-year and six-year state transportation plans. Other transportation providers. Thurston County also main- tains roads within the reservation. Funding/Major Projects Operating expenses totaled $96,000 for the last fiscal year, $4,000 for planning and $92,000 for maintenance, all of which came from BIA. Capital expenditures totaled $220,000 for a culvert project in FY 2004, all of it from IRR funds. The culvert project was the only major project that year. The tribe received a $112,000 enhancement grant from FHWA three years ago to build a parking lot overlooking a buf- falo grazing area as a cultural viewing area. Construction should begin this year. Unmet Needs In general, the greatest unmet need is seen as an increase in maintenance and construction funds to complete projects on the priority list. The tribes receive $197,000 per year in IRR funds for construction purposes, which is not enough to meet its needs. One pressing unmet need involves State Highway 77, which runs north and south through the reservation, carrying “a lot of truck traffic.” The tribe needs to slow local traffic because there is a school on the highway. Plans have recently been submitted to BIA to construct a roundabout to slow down the trucks. Maintenance The tribe handles all road maintenance itself, as well as main- taining the one bridge within its land area. NDOR does mainte- nance for the two state highways running through the reserva- tion. The tribe is responsible for maintenance of signage and also does mowing, tree trimming, snow clearing, and brush removal for rights-of-way. Sidewalks are the responsibility of the Village of Winnebago and Tribal Facilities Department. Safety Programs Signalization. None. Signage. The tribe posts traffic signs. Channelization. Channelization on state highways is typi- cally handled by the state, although NDOR indicated that because the tribe built the gas station on Highway 77, the tribe is completely responsible for adding a deceleration lane. Road reconfiguration. None. Speed control. BIA police enforce speed limits posted on BIA routes. Pedestrians and bicycles. None. Child car seats. The police department may handle this. Seat belt safety. The police department may handle this. Safe routes to schools. Winnebago Public Schools adminis- tration handles this. Alcoholism counseling or intervention related to the opera- tion of motor vehicles is a police department function. Innovations/TTAP Assistance Mr. Nohr cites as the tribe’s main innovation in transporta- tion that it is “active in constructing projects with our own peo- ple.” They are combating unemployment on the reservation by putting people to work in the most diversified way possible. Those trained to use heavy equipment do not just work on transportation-related jobs, because P.L. 93-638 allows the tribe first right of refusal for IHS and U.S. Army Corps of Engineers projects, which they often accept because they can use the same equipment. The tribe incorporated a new TERO ordinance in the last year. For now it is mainly a taxing mechanism, but in the future it will provide training. The staff has attended several of the TTAP meetings pro- vided by the state of North Dakota. One of the Occupational Safety and Health Administration training classes noted above was provided by the TTAP. Desired Changes The one desired change cited in the interview is an increase in funding to allow for the timely implementation of trans- portation plans.

122 New Mexico Pueblo of Zuni 1203-B State Highway 53 P.O. Box 339 Zuni, NM 87327 Date: July 28, 2005 Revised: June 8, 2006 Contact Information: Royce R. Gchachu, Program Manager Telephone: 505-782-7116 E-mail: rghach@ashiwi.org Basic Tribal Data and Structure The 2000 U.S. Census population for Pueblo of Zuni tribal members living on the reservation is 10,132. The tribe has a reservation that straddles the New Mexico–Arizona border, with 704.4 square miles in New Mexico, and 19.5 square miles in Arizona. The tribal council consists of a governor, lieutenant governor, and six council members who are all elected simulta- neously for four-year terms by popular vote. Members of the council come from the tribe at large. Transportation Responsibilities The tribe contracts its transportation program with BIA, with some elements contracted through third parties. The program includes the following elements: • Preparation of a long-range transportation plan (contracted through a third party, in the process of being updated by tribe) • Design and construction of new roads (designs are either through a third party or contracted to BIA, with 85% of the construction performed in-house by the tribe) • Overseeing contractors in construction projects • Maintenance of inventory of transportation facilities (with outside consultants PAIKI) • Construction or maintenance of sidewalks The inventory of transportation facilities includes roads and rights-of-way. Staff Two FTE permanent staff works on transportation projects, a program manager and a secretary. During construction the tribe employs anywhere from 5 to 30 temporary workers. The tribe has no professional planners or engineers on its staff. The program manager has two years of college education and worked with BIA from 1976 to 2001 on road construction, management, and oversight. Since July 2001, he has worked full-time with the tribal organization. The program manager reports directly to the governor. Training is obtained at monthly TTAP meetings, and the program manager is the primary serving member of the IRR Coordinating Committee established by the Federal Register Notice for the Southwest Region. Planning The transportation plan for the Pueblo of Zuni was prepared in 1999 and adopted by the tribe in 2000. The plan identified short-, medium-, and long-range goals, five, ten, and 20 years, respectively, and was prepared by an outside consultant. The tribe is currently updating the plan, and the program manager expects that it will take up to six months for the plan to be adopted because of the extensive coordination required with federal, state, and local interest groups. Approximately 50% of the plan has been implemented thus far. Three significant ele- ments contained in the plan were: • Transportation priority needs • Safety • Long-term goals Citizen participation was part of the planning process and took the following forms: • Public hearings • Public meetings • Periodic reviews of draft transportation document that involved the state, local, and federal governments, and schools. In addition, the transportation plan contains linkages with the following other planning activities by the tribes: • Land-use planning • Historic preservation, cultural resources, and archaeology New Mexico

123 • Community and economic development • Transportation goals Coordination with Outside Agencies BIA. The tribe and BIA conduct periodic meetings to discuss funding, transportation project listings, and updating of the IRR inventory. Every two years BIA contracts out to do bridge inspections on the reservation, and BIA also provides some maintenance and signage in connection to bridges. U.S.DOT. There is little involvement with the U.S.DOT, because funds are funneled through BIA. The new SAFETEA- LU law creates the possibility for tribes to go directly to U.S.DOT for contracting, but the program manager was not con- fident that BIA could be totally left out of this process. Other federal agencies. The tribe is filing a stormwater pre- vention plan with the EPA, which is connected to construction activities. The tribe is coordinating with the Department of Health and Human Services on a contract to construct roads for houses being built for doctors and nurses doing their residencies on the reservation. There is similar coordination with IHS. Regional councils of government. The program manager is involved with the Northwest Council of Governments Regional Planning Office, which includes tribal, city, and county govern- ments that collectively identify priority projects to send to New Mexico DOT (NMDOT) for inclusion in state project listings. State transportation agencies. There is a standing Memoran- dum of Understanding between the Zuni Tribe and NMDOT that they should meet quarterly on average. During these meet- ings the tribe learns about upcoming NMDOT projects near or on the reservation. Other transportation providers. There is a transit system operated on a for-profit basis by a third party provider. It is a 5311 enterprise program affiliated with the Zuni tribal organization, receiving federal funds and collecting fares to run their vehicles. Funding/Major Projects Operating expenses for the last fiscal year were approxi- mately $1.8 million, most of which came from BIA. NMDOT occasionally provides the tribes with specific grants, and the tribe utilizes those funds as they are available. Capital expenditures were not specified because there is no budget exclusively for transportation. The main projects included: • Major arterial road that links the Zuni community and the Blackrock community. Estimated total cost was $4.19 million. • Nontransportation facility built under an Indian Self- Determination contract at the cost of $1.474 million. • Nontransportation housing quarters. Unmet Needs The tribe listed slow and inconsistent allocations from BIA and insufficient training for new legal requirements as the two greatest unmet needs. Maintenance Maintenance remains the responsibility of BIA. Safety Programs Signalization. The tribe has a small contract with NMDOT to install school warning lights. This is an ongoing project to be completed in September 2006. The tribal government has also been considering another intersection for a traffic signal. Signage. The tribe does periodic checks and replacement of signs using funds from one of three sources: tribal construction, NMDOT (along state routes only), or BIA. Channelization. None. Road reconfiguration. The tribe will hire a contractor to design a left-turn deceleration lane owing to high traffic volume at the intersection of a state and BIA road. Speed control. Enforced by tribal police. Pedestrians and bicycles. Programs are administered by the Zuni Tribe’s safety department and law enforcement. Child car seats. Programs are administered by the Zuni Tribe’s safety department and law enforcement. Seat belt safety. Programs are administered by the Zuni Tribe’s safety department and law enforcement. Safe routes to schools. NMDOT identifies safe routes to schools and sends out information about related funding. Alcoholism counseling or intervention related to the opera- tion of motor vehicles. Nothing reported. Innovations/TTAP Assistance The tribe reports no innovations. The program manager expressed interest in attending the annual National Tribal Trans- portation Conference, which is a TTAP function to be held at the Marongo Indian Casino this year. Desired Changes The tribal government would greatly benefit from speeding up the process of releasing their transportation allocations. The tribe did not receive their FY 2006 allocation from BIA until March 2006, already half way through the fiscal year. Currently there is no consistency in the timing of the release of federal government allocations. The tribe would also like more training in how to meet changing legal requirements.