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Integrating Tribal Expertise into Processes to Identify, Evaluate, and Record Cultural Resources 28 8.0 CLOSING THE GAP: THOUGHTS FOR FUTURE STUDY The research objective of this NCHRP Task 114 was to explore 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. Using the contextual framework of the current state of the practice, the study sought to identify how agencies incorporate tribal expertise into the processes for identifying, evaluating, and developing treatment and protection measures for places of religious and cultural significance to tribes, and to achieve collaborative and meaningful approaches to resolving adverse effects. The study results also highlight remaining challenges and gaps in the way agencies work with tribes and use their expertise in project decision-making. In addition, project and consultation outcomes may not result in benefits to both agencies and tribes. The following are some possible future research efforts that could look at ways of closing the gap and assisting in addressing these challenges. 8.1 OVERCOMING CHALLENGES The study identified several headwinds against the successful integration of tribal expertise into the Section 106 process, including the ability and willingness of tribes to participate, a lack of trust, and issues associated with cultural sensitivity, cultural perspectives, and confidentiality. The project team views these issues as interwoven, and solutions to increasing participation could provide a foundation to build trust through greater interaction and exchange leading to greater understanding of cultural perspectives. The critical challenge is increasing tribal participation. This study highlights the need to increase funding for project review and consultation activities. Generally, tribes do not receive payment for routine Section 106 consultation, and, depending on the nature of the project(s), such routine consultation could involve a high level of commitment. Participation in the Section 106 process as a paid consulting expert, however, is a potential pathway toward increasing the integration of tribal expertise into project decision-making. A suggestion that could shed light on this issue and find practical solutions is a thorough study that would examine existing funding practices from both tribal and agency perspectives, evaluate the effectiveness of those approaches and how satisfied the tribes and agencies are with the approaches, and consider additional or alternative approaches. Building trust takes time, and relies on continuous, effective communication and reliable actions. Increased and continuing face-to-face engagement and communication with tribal partners through consultative meetings, active participation in early project planning, and collaboration to find successful project outcomes of mutual benefit will build trust over time. The approach to relationship building must be consistent, and this can be augmented using tribal liaisons, which also provides a reliable partner for tribal outreach and engagement. The use of tribal liaisons or dedicated points of contact are another area worthy of focused study. Looking at best practices to employ liaisons, in what situations such a role is most effective, and the lessons that have been learned, would add additional dimension to the discussion of increasing engagement and building trust. Reliable partners and consultation consistency leads to greater understanding and builds respect. Being able to work together to address challenges requires such respect. One important tool for the Section 106 process is the use of PAs, which in some case may be supplemented with an MOU. In some cases, a tribe may prefer the use of the less formal MOU. The survey respondents suggest that there is some work to be done on these agreements to address the direct concerns of tribes. Such agreement documents and MOUs could
Integrating Tribal Expertise into Processes to Identify, Evaluate, and Record Cultural Resources 29 identify tribes as full partners in the process for integrating tribal expertise in all steps of the Section 106 process. Such agreements could also define a clear feedback process as a means for continual and reflective improvement. Further exploration of both tribal and agency perspectives of the use of such PAs, and how the process might be improved to ensure participation and feedback, would be a significant study that would contribute to the effort to ensure that tribal expertise is a key component of the Section 106 process.