National Academies Press: OpenBook

Tribal Transportation Programs (2007)

Chapter:Front Matter

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Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2007. Tribal Transportation Programs. Washington, DC: The National Academies Press. doi: 10.17226/23177.
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Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2007. Tribal Transportation Programs. Washington, DC: The National Academies Press. doi: 10.17226/23177.
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Suggested Citation:"Front Matter." National Academies of Sciences, Engineering, and Medicine. 2007. Tribal Transportation Programs. Washington, DC: The National Academies Press. doi: 10.17226/23177.
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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.

TRANSPORTATION RESEARCH BOARD WASHINGTON, D.C. 2007 www.TRB.org NAT IONAL COOPERAT IVE H IGHWAY RESEARCH PROGRAM NCHRP SYNTHESIS 366 Research Sponsored by the American Association of State Highway and Transportation Officials in Cooperation with the Federal Highway Administration SUBJECT AREAS Planning and Administration and Energy and Environment Tribal Transportation Programs A Synthesis of Highway Practice CONSULTANTS STUART MECK REBECCA RETZLAFF and JIM SCHWAB American Planning Association Chicago, Illinois

NATIONAL COOPERATIVE HIGHWAY RESEARCH PROGRAM Systematic, well-designed research provides the most effective approach to the solution of many problems facing highway administrators and engineers. Often, highway problems are of local interest and can best be studied by highway departments individually or in cooperation with their state universities and others. However, the accelerating growth of highway transportation develops increasingly complex problems of wide interest to highway authorities. These problems are best studied through a coordinated program of cooperative research. In recognition of these needs, the highway administrators of the American Association of State Highway and Transportation Officials initiated in 1962 an objective national highway research program employing modern scientific techniques. This program is supported on a continuing basis by funds from participating member states of the Association and it receives the full cooperation and support of the Federal Highway Administration, United States Department of Transportation. The Transportation Research Board of the National Academies was requested by the Association to administer the research program because of the Board’s recognized objectivity and understanding of modern research practices. The Board is uniquely suited for this purpose as it maintains an extensive committee structure from which authorities on any highway transportation subject may be drawn; it possesses avenues of communications and cooperation with federal, state, and local governmental agencies, universities, and industry; its relationship to the National Research Council is an insurance of objectivity; it maintains a full-time research correlation staff of specialists in highway transportation matters to bring the findings of research directly to those who are in a position to use them. The program is developed on the basis of research needs identified by chief administrators of the highway and transportation departments and by committees of AASHTO. Each year, specific areas of research needs to be included in the program are proposed to the National Research Council and the Board by the American Association of State Highway and Transportation Officials. Research projects to fulfill these needs are defined by the Board, and qualified research agencies are selected from those that have submitted proposals. Administration and surveillance of research contracts are the responsibilities of the National Research Council and the Transportation Research Board. The needs for highway research are many, and the National Cooperative Highway Research Program can make significant contributions to the solution of highway transportation problems of mutual concern to many responsible groups. The program, however, is intended to complement rather than to substitute for or duplicate other highway research programs. Published reports of the NATIONAL COOPERATIVE HIGHWAY RESEARCH PROGRAM are available from: Transportation Research Board Business Office 500 Fifth Street, NW Washington, DC 20001 and can be ordered through the Internet at: http://www.national-academies.org/trb/bookstore Printed in the United States of America NCHRP SYNTHESIS 366 Project 20-5 (Topic 36-16) ISSN 0547-5570 ISBN 978-0-309-09779-6 Library of Congress Control No. 2006940151 © 2007 Transportation Research Board COPYRIGHT PERMISSION Authors herein are responsible for the authenticity of their materials and for obtaining written permissions from publishers or persons who own the copyright to any previously published or copyrighted material used herein. Cooperative Research Programs (CRP) grants permission to reproduce material in this publication for classroom and not-for-profit purposes. Permission is given with the understanding that none of the material will be used to imply TRB, AASHTO, FAA, FHWA, FMCSA, FTA, or Transit Development Corporation endorsement of a particular product, method, or practice. It is expected that those reproducing the material in this document for educational and not-for-profit uses will give appropriate acknowledgment of the source of any reprinted or reproduced material. For other uses of the material, request permission from CRP. NOTICE The project that is the subject of this report was a part of the National Cooperative Highway Research Program conducted by the Transportation Research Board with the approval of the Governing Board of the National Research Council. Such approval reflects the Governing Board’s judgment that the program concerned is of national importance and appropriate with respect to both the purposes and resources of the National Research Council. The members of the technical committee selected to monitor this project and to review this report were chosen for recognized scholarly competence and with due consideration for the balance of disciplines appropriate to the project. The opinions and conclusions expressed or implied are those of the research agency that performed the research, and, while they have been accepted as appropriate by the technical committee, they are not necessarily those of the Transportation Research Board, the National Research Council, the American Association of State Highway and Transportation Officials, or the Federal Highway Administration, U.S. Department of Transportation. Each report is reviewed and accepted for publication by the technical committee according to procedures established and monitored by the Transportation Research Board Executive Committee and the Governing Board of the National Research Council. NOTE: The Transportation Research Board of the National Academies, the National Research Council, the Federal Highway Administration, the American Association of State Highway and Transportation Officials, and the individual states participating in the National Cooperative Highway Research Program do not endorse products or manufacturers. Trade or manufacturers’ names appear herein solely because they are considered essential to the object of this report.

The National Academy of Sciences is a private, nonprofit, self-perpetuating society of distinguished schol- ars engaged in scientific and engineering research, dedicated to the furtherance of science and technology and to their use for the general welfare. On the authority of the charter granted to it by the Congress in 1863, the Academy has a mandate that requires it to advise the federal government on scientific and techni- cal matters. Dr. Ralph J. Cicerone is president of the National Academy of Sciences. The National Academy of Engineering was established in 1964, under the charter of the National Acad- emy of Sciences, as a parallel organization of outstanding engineers. It is autonomous in its administration and in the selection of its members, sharing with the National Academy of Sciences the responsibility for advising the federal government. The National Academy of Engineering also sponsors engineering programs aimed at meeting national needs, encourages education and research, and recognizes the superior achieve- ments of engineers. Dr. William A. Wulf is president of the National Academy of Engineering. The Institute of Medicine was established in 1970 by the National Academy of Sciences to secure the services of eminent members of appropriate professions in the examination of policy matters pertaining to the health of the public. The Institute acts under the responsibility given to the National Academy of Sciences by its congressional charter to be an adviser to the federal government and, on its own initiative, to identify issues of medical care, research, and education. Dr. Harvey V. Fineberg is president of the Institute of Medicine. The National Research Council was organized by the National Academy of Sciences in 1916 to associate the broad community of science and technology with the Academy’s purposes of furthering knowledge and advising the federal government. Functioning in accordance with general policies determined by the Acad- emy, the Council has become the principal operating agency of both the National Academy of Sciences and the National Academy of Engineering in providing services to the government, the public, and the scientific and engineering communities. The Council is administered jointly by both the Academies and the Institute of Medicine. Dr. Ralph J. Cicerone and Dr. William A. Wulf are chair and vice chair, respectively, of the National Research Council. The Transportation Research Board is a division of the National Research Council, which serves the National Academy of Sciences and the National Academy of Engineering. The Board’s mission is to promote innovation and progress in transportation through research. In an objective and interdisciplinary setting, the Board facilitates the sharing of information on transportation practice and policy by researchers and practitioners; stimulates research and offers research management services that promote technical excellence; provides expert advice on transportation policy and programs; and disseminates research results broadly and encourages their implementation. The Board’s varied activities annually engage more than 5,000 engineers, scientists, and other transportation researchers and practitioners from the public and private sectors and academia, all of whom contribute their expertise in the public interest. The program is supported by state transportation departments, federal agencies including the component administrations of the U.S. Department of Transportation, and other organizations and individuals interested in the development of transportation. www.TRB.org www.national-academies.org

NCHRP COMMITTEE FOR PROJECT 20-5 CHAIR GARY D. TAYLOR, CTE Engineers MEMBERS THOMAS R. BOHUSLAV, Texas DOT DONN E. HANCHER, University of Kentucky DWIGHT HORNE, Federal Highway Administration YSELA LLORT, Florida DOT WESLEY S.C. LUM, California DOT JAMES W. MARCH, Federal Highway Administration JOHN M. MASON, JR., Pennsylvania State University CATHERINE NELSON, Oregon DOT LARRY VELASQUEZ, New Mexico DOT PAUL T. WELLS, New York State DOT FHWA LIAISON WILLIAM ZACCAGNINO TRB LIAISON STEPHEN F. MAHER COOPERATIVE RESEARCH PROGRAMS STAFF CHRISTOPHER W. JENKS, Director, Cooperative Research Programs CRAWFORD F. JENCKS, Deputy Director, Cooperative Research Programs EILEEN DELANEY, Director of Publications NCHRP SYNTHESIS STAFF STEPHEN R. GODWIN, Director for Studies and Special Programs JON WILLIAMS, Associate Director, IDEA and Synthesis Studies GAIL STABA, Senior Program Officer DONNA L. VLASAK, Senior Program Officer DON TIPPMAN, Editor CHERYL KEITH, Senior Program Assistant TOPIC PANEL LINDA L. AITKEN, Minnesota Department of Transportation JODY CLARK, Salamanca, New York LEWIS GEORGE, Catawba Indian Nation LEROY GISHI, Bureau of Indian Affairs RONALD HALL, Colorado State University JOHN HEALY, Fort Belknap Indian Community SHELDON KIPP, Bureau of Indian Affairs MARTINE A. MICOZZI, Transportation Research Board RICHARD ROLLAND, Eastern Washington University DICK WINCHELL, Eastern Washington University TIM PENNEY, Federal Highway Administration (Liaison) ACKNOWLEDGMENTS The American Planning Association (APA) could not have com- pleted a study of this nature and magnitude without the cooperation of a wide range of knowledgeable individuals involved in tribal transporta- tion programs. In addition to Tim Penney, Native American Coordina- tor for FHWA, whose agency underwrote the study and who provided valuable insights on policy issues and program management, we wish to extend our gratitude to the entire review panel for their numerous comments, suggestions, and hours of devotion in guiding us toward an accurate understanding of our subject matter. They include: Linda L. Aitken, Tribal Liaison for the Minnesota Department of Transportation; Jody Clark, a member of the Seneca Nation; Lewis George, Director of Planning and Development for the Catawba Nation; LeRoy Gishi, Bureau of Indian Affairs (BIA), Washington, D.C.; Ronald Hall, Direc- tor of the Tribal Technical Assistance Program (TTAP), Colorado State University, who was particularly adept in advising us on legal issues; John Healy, Transportation Specialist for the Fort Belknap Indian Com- munity; Sheldon Kipp, BIA Southwest Regional Office, Albuquerque, New Mexico; Richard Rolland, Director of the Northwest and Alaska Tribal Technical Assistance Programs; and Dick Winchell, Professor of Urban and Regional Planning, Eastern Washington University. These individuals helped us develop our questionnaire, refine our thinking, and identify numerous sources of information that, in some cases, might have been sufficiently obscure to elude our search if we had not been pointed in the right direction. If mistakes remain, it is the result of our shortcomings and not theirs. In addition, we wish to thank every tribal contact listed in Appendix A. As there are more than 30, we shall incorporate them by reference here; however, in many, if not most, cases, each one devoted long hours gath- ering information for us, responding to our often tedious questions, and clarifying numerous points as we attempted to refine each profile. These individuals were truly the work horses of the project in helping us develop a study that was thorough and accurate. We cannot thank them enough. We also interviewed the director of each TTAP around the nation for their overall observations, specific regional insights, and comments on the tribal profiles that helped us refine our questions. Two of these direc- tors, Richard Rolland and Ronald Hall, also served on the review panel. In addition, we must thank Evan Hong, Director of the TTAP that serves California and Nevada tribes; James Self, Director of the TTAP at Okla- homa State University that serves tribes in Oklahoma, Texas, and Kansas; Dennis Trusty, Director of the Northern Plains TTAP, based at the United Tribes Technical College, Bismarck, North Dakota; Bernard D. Alkire, Director of the TTAP at Michigan Technical University; and Cheryl Cloud, Manager for that TTAP, whose organization serves tribes in the vast area east of the Mississippi River. All took the time to par- ticipate in lengthy interviews and to review our work in their respective geographic areas. Finally, four individuals affiliated with APA assisted in significant ways to advance the report: Lora Lucero, APA staff attorney and editor of Planning & Environmental Law, reviewed and revised chapter two and added some valuable material to the early drafts; Lynn Ross, research associate, who helped enormously in contacting tribes and securing interviews; Olivia Starr served as an intern in the later stages of the project and was indispensable at soliciting additional informa- tion and identifying gaps in what we were presenting; and librarian Shannon Paul.

Highway administrators, engineers, and researchers often face problems for which infor- mation already exists, either in documented form or as undocumented experience and prac- tice. This information may be fragmented, scattered, and unevaluated. As a consequence, full knowledge of what has been learned about a problem may not be brought to bear on its solution. Costly research findings may go unused, valuable experience may be overlooked, and due consideration may not be given to recommended practices for solving or alleviat- ing the problem. There is information on nearly every subject of concern to highway administrators and engineers. Much of it derives from research or from the work of practitioners faced with problems in their day-to-day work. To provide a systematic means for assembling and eval- uating such useful information and to make it available to the entire highway community, the American Association of State Highway and Transportation Officials—through the mechanism of the National Cooperative Highway Research Program—authorized the Transportation Research Board to undertake a continuing study. This study, NCHRP Proj- ect 20-5, “Synthesis of Information Related to Highway Problems,” searches out and syn- thesizes useful knowledge from all available sources and prepares concise, documented reports on specific topics. Reports from this endeavor constitute an NCHRP report series, Synthesis of Highway Practice. This synthesis series reports on current knowledge and practice, in a compact format, without the detailed directions usually found in handbooks or design manuals. Each report in the series provides a compendium of the best knowledge available on those measures found to be the most successful in resolving specific problems. FOREWORD By Staff Transportation Research Board This synthesis provides information that will prove useful to tribal governments, and state, local, and federal agencies, in determining the state of tribal transportation programs, and the steps needed to assist tribes in developing the capacity to effectively perform and manage transportation-related functions. The study identifies innovations and model prac- tices among tribal transportation programs. It summarizes the history and legal and admin- istrative evolution of tribal transportation programs within the larger context of issues of tribal sovereignty and relationships with federal, state, and local governments, and local and regional planning agencies. The report serves as a milestone signifying the inclusion of tribal governments as an essential component of the transportation community and assesses future tribal capacity and resource needs. Overall, 30 tribes of all sizes from across the nation were chosen for surveying and study; at least one from every state with a large number of tribes. The study also examined the extant literature in the field. In addition, extensive interviews were undertaken with direc- tors of Transportation Technical Assistance Program centers, with Tim Penney of FHWA, and with several officials of the Bureau of Indian Affairs. Stuart Meck, Rebecca Retzlaff, and Jim Schwab, American Planning Association, Chicago, Illinois, collected and synthesized the information and wrote the report. The members of the topic panel are acknowledged on the preceding page. This synthesis is an immediately useful document that records the practices that were acceptable within the limitations of the knowledge available at the time of its preparation. As progress in research and practice continues, new knowledge will be added to that now at hand. PREFACE

CONTENTS 1 SUMMARY 3 CHAPTER ONE INTRODUCTION Purpose of Report, 3 Organization of Report, 4 Study Approach, 4 7 CHAPTER TWO POLITICAL AND INSTITUTIONAL STRUCTURE OF TRIBES Tribal Organization and Authority, 7 Tribal Sovereignty, 8 Tribes and Federal Government, 10 Tribes, States, and Local Governments, 10 Tribal Transportation Programs, 12 15 CHAPTER THREE THEMES AND MODELS Common Themes from Case Studies, 15 Innovative and Model Practices, 30 33 CHAPTER FOUR CONCLUSIONS AND SUGGESTIONS FOR FUTURE RESEARCH 36 REFERENCES 37 GLOSSARY 39 APPENDIX A TRIBAL PROFILES 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 124 APPENDIX B TIMELINE OF EVENTS IN TRIBAL TRANSPORTATION 125 APPENDIX C TRIBAL CONTACTS FOR QUESTIONNAIRES 128 APPENDIX D SURVEY QUESTIONNAIRE

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TRB's National Cooperative Highway Research Program (NCHRP) Synthesis 366: Tribal Transportation Programs explores innovations and model practices among tribal transportation programs. The report also examines the history, and legal and administrative evolution, of tribal transportation programs within the larger context of issues of tribal sovereignty and relationships with federal, state, and local governments, and local and regional planning agencies.

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