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Suggested Citation:"2.0 Project Approach." 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 10
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Suggested Citation:"2.0 Project Approach." 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.
×
Page 11
Page 12
Suggested Citation:"2.0 Project Approach." 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 12

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Integrating Tribal Expertise into Processes to Identify, Evaluate, and Record Cultural Resources 3 2.0 PROJECT APPROACH As stated in Section 1.0, the research objective of this project is to understand and detail how tribal perspectives and expertise could inform the requirements and intent of the Section 106 process of the NHPA for surface transportation projects, recognizing federal agency government-to-government consultation responsibilities and issues associated with confidentiality. As a follow-up to NCHRP Task 79, NCHRP Task 114 explores successful Section 106 outcomes by incorporating tribal perspectives throughout the tribal engagement and consultation process. The NCHRP Task 79 report “Recommendations and Next Steps” section outlined successful consultation practices (those used in Section 106 and other areas of transportation planning): operate with respect, promote relationship building, understand the federal government-to-government trust relationship, and become knowledgeable about tribal culture and history. The report provides some examples of successful approaches, including the following. • Establish an atmosphere of equal footing in Section 106 consultations. • Recognize and respect the government-to-government trust relationship. • Employ a philosophy of respect and transparency in all consultation activities. • Institute early and continuous consultation, involving tribes during the planning phases. • Follow-up and follow-through are fundamental. • Employ a “boots on the ground” approach, including essential face-to-face interactions. • Flexibility is key (not all tribes have the same concerns and not all use the same approaches). • Keep in mind that actions count as much as words. • Participate in activities not related to projects to aid in trust and relationship building. • Avoid presumptions and ask questions. • Note that project-specific consultation is still the preferred method for many tribes. • Establish a working relationship with educated/informed tribal liaisons to further the success of Section 106 tribal consultation and transportation project delivery. • Use conferences, meetings, and workshops as tools for successful relationship building and training. Another item suggested in the report: • Incorporating unique tribal knowledge at the earliest stages of the process, such as tribal involvement in Statewide Transportation Improvement Plans (STIPs), which may overcome major project redesigns and cost overruns. NCHRP Task 114 expands our understanding of the approaches that can be used to incorporate unique tribal expertise into all steps in the Section 106 process, including consideration of tribal knowledge and expertise early in the planning process (i.e., initiating project programming prior to the implementation of Section 106 and National Environmental Policy Act [NEPA] reviews).

Integrating Tribal Expertise into Processes to Identify, Evaluate, and Record Cultural Resources 4 2.1 PROJECT TASKS As an initial step, the project team contacted the National Association of Tribal Historic Preservation Officers (NATHPO), the ACHP Tribal Liaison, Federal Highway Administration (FHWA) headquarters, the TRB Tribal Issues in Transportation Committee (ABE80 committee), and the AASHTO Tribal Liaison Community of Practice to discuss the best methods for reaching out and engaging the tribes. In addition, the project team looked to the NCHRP Task 114 panel to provide insights into how to contact and engage with tribes, including region-specific recommendations, to increase the efficiency and scope of the data collection effort. One of the first respondents to the project team’s query noted was the reference in the study’s original objectives to examine the use of “tribal knowledge” in informing the Section 106 process. It was thought that this would raise a red flag with tribes, as tribal knowledge is not something that tribes like to share with non-tribal members. It was recommended only to reference the use of “tribal expertise.” There was also skepticism about including in this study face-to-face meetings with THPO and non-THPO tribes given the lack of national tribal gatherings where several survey participants might be available in one location. While acknowledging the challenges of an online survey, there was support for the team’s doing such a survey provided there was a multi-pronged approach to outreach prior to sending out the survey. It was acknowledged that the results may lack the statistical significance needed for broader generalizations, but the results and associated contacts could lead to more in-depth interviews. It was further suggested that the team leverage the existing state department of transportation (DOT) Tribal Liaisons (e.g., through the Liaisons’ regular teleconferences), regular statewide tribal meetings, and mailing lists to announce and potentially introduce the survey, as such an approach would “take advantage of the good will they have established with the tribes they regularly contact,” and would help with the response rate. The DOT Tribal Liaisons are probably in a better position to respond to questions respondents may have about NCHRP and TRB. The project team discussed the online survey questions and were advised that it would be good to get a sense of how the tribes are engaged now: who is contacting whom at various stages in the project consultation process (e.g., THPOs are only contacted at Section 106 initiation, as earlier engagement on transportation-related issues, such as during planning, is likely to be other individuals within a tribe). This suggests that mapping potential contact points might have value in understanding all the possible consultation linkages and identifying potential opportunities and choke points for using tribal expertise in Section 106 decision-making (and in early planning), with the goal to achieve successful outcomes. The ABE80 Committee Chair also pointed to the need to find out whether state DOTs circle back with the tribe(s) on the issues they have raised and to share with the tribe how any information they shared is used. Exploring the feedback loop is clearly an important element to evaluating the effectiveness of the consultative relationship and perceptions of success. In addition, the team also believes it will be important to address the issue of what tribes are not being asked about during the consultation process and what they believe they should be asked to achieve successful outcomes in the Section 106 process. A subsequent conversation with the FHWA FPO and ACHP FHWA Liaison highlighted many of the themes raised previously. It was advised that the project team create a comprehensive contact list and reach out to NATHPO and the ACHP Tribal Liaison. There was also interest in how the research team planned to bring the survey to the attention of the tribes to achieve a measurable level of participation. The team relayed the plan to work through NATHPO, the ACHP Tribal Liaison, and the state DOT Tribal Liaisons

Integrating Tribal Expertise into Processes to Identify, Evaluate, and Record Cultural Resources 5 to introduce the project and explain the goals to increase interest and participation for improved response rates. With respect to the online survey questions, it was suggested that the questions be short and to the point to increase response rates, and that both resident and non-resident tribes should be represented in the sample. Lastly, the team reached out to NATHPO and the ACHP Tribal Liaison and received further support for the suggestions received from the consulted parties discussed above.

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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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