• Planning Modules

Tribal Consultation

Appendices

APPENDICES

Appendix A
For Further Reading

Appendix B
Practice While You Learn! - One Possible Response

APPENDIX A

For Further Reading

• Working in Indian Country, Building Successful Business Relationships with American Indian Tribes, Larry D. Keown, 2010. http://www.amazon.com/Working-Indian-Country-Successful-Relationships/dp/1936449005
• FHWA Glossary of Terms—Planning
  http://www.fhwa.dot.gov/planning/glossary/glossary_listing.cfm
• FHWA Glossary of Terms—Tribal
  http://www.tribalplanning.fhwa.dot.gov/reference_glossary.aspx
• A Guidebook for Successful Communication, Cooperation, and Coordination Strategies Between Transportation Agencies and Tribal Communities, Transportation Research Board, National Cooperative Highway Research Program, Report 690, 2011. http://onlinepubs.trb.org/onlinepubs/nchrp/nchrp_rpt_690.pdf
• Identification of Results-Oriented Public Involvement Strategies Between Transportation Agencies and Native American Tribal Communities. Transportation Research Board, National Cooperative Highway Research Program, Web-Only Document 171, 2010. http://onlinepubs.trb.org/onlinepubs/nchrp/nchrp_w171.pdf
• In Their Own Light: A Case Study in Effective Tribal Consultation, North Dakota Federal Highway Administration, http://www.fhwa.dot.gov/resourcecenter/teams/environment/tribal_consult.pdf
• Section 106 Tribal Consultation Q & A’s,Federal Highway Administration,

  http://www.tribalplanning.fhwa.dot.gov/

  The ACHP Native American Program: Guidance for Federal Agencies, The Advisory Council on Historic Preservation (ACHP),http://www.achp.gov/nap.html
• Best Practices in Historic Preservation: Tribal Consultation, National Association of Tribal Historic Preservation Officers (NATHPO), 2005. http://www.nathpo.org/publications.html
• Consultation with Indian Tribes in the Section 106 Review Process - A Handbook, Advisory Council on Historic Preservation, November 2008. http://www.achp.gov/regs-tribes2008.pdf
• Transportation Decision-Making Series

  http://www.tribalplanning.fhwa.dot.gov/

Historical References

• The Columbia Guide to American Indians of the Southeast, Theda Perdue and Michael D. Green, November 2001. http://cup.columbia.edu/book/978-0-231-11570-4/the-columbia-guide-to-american-indians-of-the-southeast
• The Columbia Guide to American Indians of the Northeast, Kathleen J. Bragdon, February, 2002. http://cup.columbia.edu/book/978-0-231-11452-3/the-columbia-guide-to-american-indians-of-the-northeast
• The Columbia Guide to American Indians of the Great Plains, Loretta Fowler, June 2003. http://cup.columbia.edu/book/978-0-231-11700-5/the-columbia-guide-to-american-indians-of-the-great-plains
• The Columbia Guide to American Indians of the Southwest, Trudy Griffin-Pierce, May 2010. http://cup.columbia.edu/book/978-0-231-12790-5/the-columbia-guide-to-american-indians-of-the-southwest

APPENDIX B

Practice While You Learn! from Page 3

One Possible Response

1. Reconnaissance

Your search finds:

• No notifications in tribal records from FHWA, DOT or MPO on the proposed action.
• Tribal records however show there are tribal properties at the proposed SR456 alignment that are sacred grounds. Several are listed in the National Registry of Historic Places.
• When asked, the FHWA and MPO had no record of past notifications to the tribe.The State DOT has no Tribal Liaison and found only one notification sent three years ago to a Tribal Planner who no longer works for the tribe.

2. Literature and Legal Review

Your review finds:

• The proposed housing development is written into the regional comprehensive land use and long range transportation plans, and was approved by the MPO Policy Board.
• The State DOT STIP shows description, level of Federal funding, start and end dates for the SR456 improvement.
• Federal law states State DOTs and MPOs must consult with tribes for projects that may impact their lands and cultural properties.
• The FHWA is responsible for notifying and consulting with federally recognized tribes. This is a Federal responsibility - not the State’s.
• Your tribe is federally recognized. Federal consultation and notification procedures were not followed.

3. Report to Tribal Leadership

• Summarize your research and findings.

4. Recommend Strategy

You could recommend:

• Tribal leadership transmit a certified letter to FHWA documenting your findings and requesting FHWA and the State DOT suspend activity and funding for the proposed SR456 extension and any other Federal and State activity supporting the project.
• The letter would include a request for immediate consultation with FHWA.
• The letter would be preceded by a telephone call to FHWA from the Tribal President advising of the tribe’s conce