ADOT&PF Tribal Meeting Preparing.


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gotten area and cash from the US government to settle title to Alaska ... This arrangement strengthens government-to-government connections between the ...
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ADOT&PF Tribal Consultation Training OBJECTIVES Learn why and when tribal meeting is required and additionally the sorts of conference Be ready to separate between a tribal government, an Alaska Native Corporation (ANC) and a 93-638 contracting office Understand how to viably execute tribal interview

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Tribal Consultation Alaska TRIBES … Expect and have a privilege to Government-to-Government correspondence Are sovereign governments - appreciate more elevated amount of administrative freedom than do states or nearby governments Have a legislature to government relationship, not racial association with the United State and State governments Still exist. The Frozen North Native Claims Settlement Act (ANCSA) did not dispose of tribal governments in Alaska, just settled the Aboriginal Title to arrive (the area claims) Value listening more than talking

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Unique Characteristics of Tribes in Alaska Most exist as governments without a particular area base – the Reservation System present in the Lower 48 is not present in Alaska\'s lone exemption Metlakatla/Annette Island Indian Reservation situated in Southeast Alaska Despite the absence of a particular area base, Alaska\'s tribal governments have all the power of other Native American tribal governments ANCSA and the absence of an area base for Alaska\'s tribes has made numerous difficulties for offices working in tribal groups – the reservation model of tribal relations ANCSA area is not an Indian Reservation on the grounds that tribal governments control reservations. ANCSA terrains are corporate grounds possessed and controlled by Alaska State Corporations

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Tribal Consultation Executive Order 13175 heading on tribal conference - Section 5 particularly USDOT Order 5301.1 offers bearings on working with American Indian and Alaska Native tribes

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Tribal Consultation ANCS… … are a making of Congress to settle Aboriginal title to Alaska in 1971, the Alaska Native Claims Settlement Act (ANCSA) … got area and cash from the US government to settle title to Alaska* … are "revenue driven" companies enrolled in the State of Alaska * … are not sovereign governments and ought to never be mistaken for tribal governments … may require discussion under a few circumstances * - the 13 th local partnership is enlisted in Washington State and did not get land from Congress

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Tribal Consultation 93-638 Contracting or Compacting Agencies… Provided for under the Indian Self-Determination and Education Assistance Act (93-638). Additionally characterizes ANCs as tribes exclusively for the motivations behind one section of this demonstration. Give administrations to tribal governments (working ordinarily as a consortium, for example, Tanana Chiefs Conference and Association of Village Council Presidents, yet can be a tribal government or an ANC) May or may not be tribes or sovereign governments, but rather may speak to their interests in a few matters May appreciate meeting rights, with the learning, assent and support of the tribe(s) they speak to

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Comparison of Tribal Governments, ANCs and Contractors (93-638)

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Tribal Consultation Types of Consultation required – Government to Government Environmental Justice (EJ) (EO 12898) Information gathering Archeological, Historical and Cultural contemplations, Section 106 of National Historic Preservation Act (NHPA) Planning (23 USC 134 & 135)

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Tribal Consultation Government to Government It is an indication of admiration that recognizes the tribe as a sovereign Required under Executive Order 13175 and ADOT&PF Policy & Procedure 01.03.010 Must be a finished revelation of known task data Consultation does not require consistence with tribal concerns if advancement determination warrants another arrangement. The worries ought to be recorded and tended to.

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Tribal Consultation Government to Government (proceeded with) Section 161 in the 2004 Omnibus Bill went by Congress coordinated the Federal Office of Management & Budget to counsel with Alaska Native Regional and Village Corporations (ANCs) in the same way endorsed for tribes in EO 13175 This doesn\'t pass on sovereign government status to ANCs, as Alaska tribes appreciate Nothing in this enactment guides State DOTs to start conference with ANCs, yet this is foreseen. ANCs ought to keep on being counseled as suitable, particularly when there are issues including ANC land

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Tribal Consultation EJ Information Gathering Based on current demographics Based on social information (which likely incorporates subsistence destinations, conventional use territories, and so on) assembled from tribal individuals Understanding of the way of life is vital to precise EJ data gathering EJ Information is utilized to figure out where there might be lopsidedly unfavorable effects on low pay populaces and minority populaces

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Cultural Places and Trails Used for Subsistence

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Tribal Consultation Archeological, Historical and Cultural contemplations (segment 106 of NHPA & 36 CFR 800) This a duty of elected offices, for example, FHWA Alaska Division – the State of Alaska can not start Will incorporate memorable and social locales that could possibly be on State Historic Preservation Office\'s (SHPO) stock Tribal individuals from the region might be the best wellspring of noteworthy and social site data (taking into account oral custom)

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Tribal Consultation Planning (23 USC 134) (4) Recipients of other help.- - The Secretary should support every metropolitan arranging association to facilitate, to the greatest degree practicable, the configuration and conveyance of transportation administrations inside the metropolitan arranging territory that are given - (A) by beneficiaries of help under section 53 of title 49; and (B) by legislative offices and charitable associations (counting agents of the offices and associations) that get Federal help from a source other than the Department of Transportation to give nonemergency transportation administrations.

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Tribal Consultation Planning (23 USC 135) d) Additional Requirements.- - In completing arranging under this segment, every State might, at the very least, consider … (3) coordination of transportation arranges, projects, and arranging exercises with related arranging exercises being done outside of metropolitan arranging zones.

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Tribal Consultation Planning (23 USC 135) (e) Long-Range Transportation Plan.– Development.- - Each State might build up a long-extend transportation arrangement, with a base 20-year conjecture period, for all zones of the State, that accommodates the advancement and execution of the multi-purpose transportation arrangement of the State. (2) Consultation with governments … (C) Indian tribal regions.- - concerning every territory of the State under the locale of an Indian tribal government, the long-go transportation arrangement might be created in conference with the tribal government and the Secretary of the Interior.

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Tribal Consultation Planning (23 USC 135) (f) State Transportation Improvement Program.– Development.– (A) when all is said in done.- - Each State should build up a transportation change program for all zones of the State. (B) Consultation with governments … (iii) Indian tribal ranges.- - regarding every region of the State under the locale of an Indian tribal government, the system should be created in discussion with the tribal government and the Secretary of the Interior.

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State DOT Consultation Resource

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Alaska Recognition of Tribal Governments The Millennium Agreement and Alaska Administrative Order 186 perceived 229 tribal governments in Alaska (562 tribes perceived in the majority of the USA) Consultation is required just with governmentally perceived tribes

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Tribal Information List of perceived tribes might be gotten from: Bureau of Indian Affairs, Alaska Region in Juneau – Federal Building, 709 West 9 th St, 3 rd floor – 1 800 645 8397 The Alaska Tribal Technical Assistance Program (TTAP) Office http://www.cbpa.ewu.edu/%7ELTAP/Civil Rights Office site http://www.dot.state.ak.us/cvlrts/

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ADOT&PF Policy & Procedure 01.03.010 PURPOSE This strategy fortifies government-to-government connections between the Department of Transportation and Public Facilities (Department) and the tribes in Alaska through counsel on critical matters of common concern. This strategy gives direction to all representatives of the Department required in any departmental action(s) that essentially or extraordinarily influence a tribe in Alaska, and relating to any tribal activity that fundamentally or remarkably influences this Department. It likewise strengthens the establishment for building up and keeping up compelling government-to-government correspondences between the Department and the tribes in Alaska, and advances counsel and coordination with these tribes, with the objective of guaranteeing that the Department conducts interview in a socially touchy way.

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ADOT&PF Policy & Procedure 01.03.010 POLICY The Department is focused on counseling with tribes in Alaska as right on time in the Department\'s basic leadership process as practicable, and as allowed by law, preceding making a move or undertaking exercises that fundamentally or interestingly influence a tribe. Office activities should support greatest interest of the influenced tribe(s), with the objective of accomplishing educated basic leadership through common interview.

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Additional Alaska Tribal Resources

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FHWA site on notable safeguarding & antiquarianism http://environment.fhwa.dot.gov/histpres/index.htm

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FHWA site on Native American Coordination http://www.fhwa.dot.gov/hep/tribaltrans/index.htm

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A Look at ADO

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