Tribal Transportation Programs (2007) / Chapter Skim
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Pages 7-14
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7TRIBAL ORGANIZATION AND AUTHORITY The institutional structures of tribes vary considerably. Tribes are sovereign entities with the inherent authority to determine their own form of government, but remain subject to the plenary authority of the U.S.
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TRIBAL SOVEREIGNTY The issue of tribal sovereignty is critically important to fully understand and appreciate the complex relationships that exist between the tribes and the federal and state governments. Unfortunately, there is considerable misunderstanding, and the legal theories underlying tribal sovereignty have shifted significantly over time, exacerbating the confusion.
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9it has charged itself with moral obligations of the highest responsibility and trust. Its conduct, as disclosed in the acts of those who represent it in dealings with the Indians, should therefore be judged by the most exacting fiduciary standards [Seminole Nation v.
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The sovereignty issue has a direct impact on the issue of highway ROWs and ADOT's ability to maintain or construct improvements .
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11 Furthermore, federal law requires that states consult with tribes in developing their state transportation improvement plans (STIPs) and with regard to issues arising out of Section 106 of the National Historic Preservation Act of 1966 (P.L.
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TRIBAL TRANSPORTATION PROGRAMS Federal-Aid Highway Program Until very recently, tribal governments were not direct recipients of federal-aid funds from FHWA. Those funds were apportioned to the states, with the states having responsibility to consult with tribal governments and the Secretary of the Interior in the transportation planning process, including the preparation of the STIP.
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13 According to Rolland and Winchell, the involvement of tribes in the ISTEA and TEA-21 process led to the inclusion of tribes in state transportation planning, design, construction, and delivery. With the increased funding available to tribes through ISTEA and TEA-21 came increased participation and acceptance of transportation planning and programs; "tribes have become aware of transportation policies and programs as a means to improve economic and social well-being in tribal communities" (Rolland and Winchell 2002, p.
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potentially inconsistent FTA grant funding requirements will be more costly and administratively burdensome. • FTA proposes to include the following evaluation criteria for tribal transit grant proposals -- demonstration of need, benefits of the project, adequacy of the project planning, financial commitment, and coordination.
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