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Integrating Tribal Expertise into Processes to Identify, Evaluate, and Record Cultural Resources (2020)

Chapter: 7.0 Effective Practices for Integrating Tribal Expertise During Early Planning

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Suggested Citation:"7.0 Effective Practices for Integrating Tribal Expertise During Early Planning." National Academies of Sciences, Engineering, and Medicine. 2020. Integrating Tribal Expertise into Processes to Identify, Evaluate, and Record Cultural Resources. Washington, DC: The National Academies Press. doi: 10.17226/25770.
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Page 33
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Suggested Citation:"7.0 Effective Practices for Integrating Tribal Expertise During Early Planning." National Academies of Sciences, Engineering, and Medicine. 2020. Integrating Tribal Expertise into Processes to Identify, Evaluate, and Record Cultural Resources. Washington, DC: The National Academies Press. doi: 10.17226/25770.
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Page 34

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Integrating Tribal Expertise into Processes to Identify, Evaluate, and Record Cultural Resources 26 7.0 EFFECTIVE PRACTICES FOR INTEGRATING TRIBAL EXPERTISE DURING EARLY PLANNING Does early planning facilitate the integration of tribal expertise into improving and streamlining project development in NEPA and Section 106 reviews? In reviewing the research and the responses received over the course of this study, both tribal and agency respondents emphasized the importance of consultation during early planning (e.g., long-range planning, corridor studies, and project programming, including Transportation Improvement Plans and STIPs). Despite this acknowledgement, there are large gaps in the perception of how well tribal engagement in early planning is conducted, the level of involvement during that outreach, and what is achieved. Many tribes do not have transportation planning groups. For those who do not, there is an opportunity for transportation agencies such as DOTs to educate tribal partners on the key issues they face that would benefit from discussions about areas of tribal interest, decision-making, and integration of their expertise. This is also a tremendous opportunity to build understanding and trust. Early planning therefore has the potential to yield many positive outcomes, not only for project streamlining but for the ability to build relationships of trust that could benefit other projects in ensuing years. From the tribal perspective, early planning involvement happens to varying degrees — from an annual information request to regularly scheduled face-to-face consultation meetings — but there is a notable lack of understanding of how the gathered information is used. This echoes the responses received from the online survey and interviews about how tribal expertise is used in the Section 106 process and the need for feedback as to how the information gathered was used by the decision-makers. We know that an effective consultation process is not a singular touch point but rather should be a series of interconnecting touch points with increasing levels of engagement as relationships mature. Consultation should operate on a continuum, and in that continuum, there is many opportunities to build feedback loops so that tribal partners can participate in decision-making and the creation of outcomes. Such engagement will build trust. What is currently considered an “inherent lack of early engagement during the actual planning of projects” has the potential to become a springboard for a meaningful exchange of ideas with increased contact. The demand on tribes to be responsive to what may be hundreds of requests at a time means that any communication effort must count, and that the information is truly shared. Seek the advice of the tribe: how can the transportation agency make sure a request reaches whom it needs to reach, and what can the agency do to facilitate consideration of these early planning needs that benefit all? Some of the DOT respondents note that they do reach out to their tribal partners four years out in their early planning process, but if that effort is only on an annual basis, there is likelihood of a change in personnel from year to year and the need to re-establish this relationship annually. This is one of the biggest challenges to building relationships of trust. There may be personnel changes not only on the tribal side but also often at the DOT, not to mention that different DOT personnel may engage the tribe at various stages of the project planning process. This lack of consistency creates confusion and means that you may be starting over again not only on a yearly basis but also at various points during the early planning process, and any traction gained at one point may be lost by the next. One way to address this issue is through the creation of tribal liaisons. Having such a defined position in an agency demonstrates the DOT’s commitment to building a relationship and provides a foundation on which

Integrating Tribal Expertise into Processes to Identify, Evaluate, and Record Cultural Resources 27 bidirectional communication can be established and sustained. There is no single method for outreach that works for all tribes, but all early engagement in transportation planning offers great opportunity to learn from our tribal partners and for them to learn from the agency. What are the issues and concerns? What will be the best communication channels that work for everyone? Where should requests be directed? Developing an understanding of the communication pathways and being able to respond to tribal requests builds respect and cultural understanding. Several tribal respondents pointed to tribal liaisons and established contacts as an important element to positive working relationships and achieving successful outcomes. These opportunities in early planning address both tribal and agency interests. Tribes have a keen interest in making sure that areas of significance to them are protected for future generations, and agencies want to streamline the project development process through effective early planning, particularly through PEL. These studies linking planning and NEPA may offer the opportunity to address many of the concerns expressed by tribes and provide the ability to undertake planning analyses that use a broader landscape approach to identify and evaluate areas of importance to tribes and providing critical planning data for decision-making. A number of tribes mentioned using a landscape approach during the course of this research; if done in early planning, it would provide ample time to engage in collaborative approaches throughout consultation.

Next: 8.0 Closing the Gap: Thoughts for Future Study »
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There is a lot of evidence that Native American tribes could be better involved in planning transportation projects.

The TRB National Cooperative Highway Research Program's NCHRP Web-Only Document 281: Integrating Tribal Expertise into Processes to Identify, Evaluate, and Record Cultural Resources explores how unique tribal perspectives and expertise could inform the tribal engagement and consultation process associated with the requirements and intent in the Section 106 process for successful project outcomes on surface transportation projects.

Additional resources with the document include a Quick-Reference Guide and a PowerPoint Presentation.

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