tribal consultation programmatic agreement l.
Skip this Video
Loading SlideShow in 5 Seconds..
Tribal Consultation Programmatic Agreement PowerPoint Presentation
Download Presentation
Tribal Consultation Programmatic Agreement

Loading in 2 Seconds...

play fullscreen
1 / 25

Tribal Consultation Programmatic Agreement - PowerPoint PPT Presentation

  • Uploaded on

Tribal Consultation Programmatic Agreement.

I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
Download Presentation

Tribal Consultation Programmatic Agreement

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.

- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
tribal consultation programmatic agreement

Tribal Consultation Programmatic Agreement

Among the NDDOT; ND Division of FHWA; Fort Peck Assiniboine & Sioux Tribes; Turtle Mountain Band of Chippewa Indians; Mandan, Hidatsa, Arikara Nation; Spirit Lake Dakotah Nation; Sisseton-Wahpeton Oyate; Standing Rock Sioux Tribe; Northern Cheyenne Tribe; Crow Tribe (Apsaalooke Nation); and Lower Sioux Indian Community.

internal issues
Internal Issues

Upper Management Presentation


NDDOT and ND Division of FHWA

tribal consultation initial steps
Tribal Consultation Initial Steps

Visits to Reservations

Project Consultations – Field Reviews

jamestown bypass field review and consultation meeting
Jamestown Bypass Field Review And Consultation Meeting

Consultation with Spirit Lake Dakotah Nation, Sisseton-Wahpeton Oyate, Standing Rock Sioux Tribe.

highway 2 field review
Highway 2 Field Review

Consultation with Ron LittleOwl – Three Affiliated Tribes and Standing Rock Sioux Tribe

programmatic agreement
Programmatic Agreement

Beginning Efforts

Turtle Mountain Band of Chippewa Indians

Initial Try at PA was abandoned – Conflict over Tribal Monitors

A few years later we renewed our efforts

Went to each Reservation

Asked what they envisioned

I wrote a first attempt based upon what we heard

initial meeting at each reservation
Initial Meeting at each Reservation
  • Discuss the types of projects we undertake, our varying levels of involvement, typical impacts, and typical cultural resource section involvement.
  • The STIP
  • Highways: adding lanes, city bypass, regrade, surfacing with safety work, grade raise, guardrail, bridge replacement, signing.
  • Counties: widening, regrade, new routes, guardrail, bridge replacement, signing.
  • Cities: widening, new streets, bridge replacements, lighting, signing.
  • TE: bike paths (city and rural), rest areas, interpretive displays, tree planting, scenic byways/backways.
  • Material Source Areas
initial meeting at each reservation8
Initial Meeting at each Reservation
  • Discuss the laws, and regulations detailing mandated consultation relative to cultural resource issues for Federal Highway undertakings.
  • Native American Graves Potection and Repatriation Act, ND State Burial Law, National Historic Preservation Act, National Environmental Policy Act
  • Most NDDOT projects take place off Federal and Tribal lands. As a result, NAGPRA is not an issue or guiding law/regulation for Native American consultation on NDDOT projects. While NEPA has provisions for public involvement it does not specify Native American consultation. We are initiating the consultation process under NHPA.
initial meeting at each reservation9
Initial Meeting at each Reservation
  • Issues that need resolution:
  • What tribes should the NDDOT and FHWA consult with?
  • Does each tribe want to be contacted for projects in all of North Dakota, or are there portions of the state we can exclude for specific tribes?
  • Are there types of projects we can exclude from consultation at the project level and consult only if we identify cultural resources and have the potential to affect them?
  • How does each tribe wish us to consult? The regulations provide for consultation at specific points throughout the Section 106 process, but do not stipulate methods of consultation.
  • Do we want agreements reached today formalized in a Programmatic Agreement - formal document specified under the NHPA?
  • Who is our consultation contact with each tribe? Should we pursue other interested parties within the tribe or should all contact be through the designated tribal official?
  • Do you also want to continue to receive NEPA Solicitation of Views letters for all projects? Some projects?
programmatic agreement10
Programmatic Agreement

Meetings to Finalize the PA

November 2005

April 2006

Signing Ceremony November 2006

reworking previous draft of the programmatic agreement april 2006 meeting
Reworking Previous Draft of the Programmatic Agreement April 2006 Meeting

Back row - Calvin Grinnell (MHAN), Conrad Fisher (N Cheyenne), George Reed, Jr. (Crow), Kent Good (KGA – Consultant), Brady Grant (TMBCI), Byron Olson (SRTHPO – Archaeologist), Greg Wermers (NDDOT), Front row – Elgin CrowsBreast (MHAN), Dianne Desrosiers (SW Oyate), Jeani Borchert (NDDOT), Mark Schrader (FHWA), Frankie Jackson (SW Oyate), and Bob Christensen (NDDOT).

programmatic agreement13
Programmatic Agreement

The Signing Ceremony

signing ceremony november 2006
Signing CeremonyNovember 2006

Tribes Represented:

  • Spirit Lake Dakotah Nation
  • Standing Rock Sioux Tribe
  • Three Affiliated Tribes
  • Turtle Mountain Band of Chippewa Indians
  • Sissteon-Wahpeton Oyate
  • Lower Sioux Indian Community
  • Northern Cheyenne
  • Crow
  • Fort Peck Assiniboine and Sioux Tribes
signing ceremony november 200615
Signing CeremonyNovember 2006

All Nations Drum Group

Redrock Drum Group

signing ceremony november 200616
Signing CeremonyNovember 2006

Ambrose Littleghost, Spirit Lake

Conrad Fisher, Northern Cheyenne

signing ceremony november 200617
Signing CeremonyNovember 2006

Curley Youpee, Fort Peck

Franky Jackson, Sissteon-Wahpeton

signing ceremony november 200618
Signing CeremonyNovember 2006

Elgin CrowsBreast, Three Affiliated

programmatic agreement19
Programmatic Agreement

Just what does it do?

the programmatic agreement main points
The Programmatic AgreementMain Points
  • Working as a group – 9 Reservations
  • Acknowledges the joint commitment of the FHWA, the NDDOT and the Tribes to establish a relationship of mutual trust and respect
  • Acknowledges that we all aspire to engage in meaningful, long-term planning for the appropriate consideration of cultural resources important to the tribes
  • Includes a list of project types excluded from consultation
the programmatic agreement nuts and bolts
The Programmatic AgreementNuts and Bolts
  • We have formed a Tribal Consultation Committee to meet at least 2 times during the year
  • The Committee will consist of 2 members from each reservation, at least one from the NDDOT, and one from FHWA Division Office
  • We will use the STIP in our meetings as part of efforts to notify them of upcoming projects
  • We will provide them a packet of information for projects we will be working on in the near future to include maps, aerial coverage, or other pertinent illustrations
  • The NDDOT will provide the Committee an explanation of decisions reached in regard to project effects on cultural resources of concern to the Committee
the programmatic agreement nuts and bolts22
The Programmatic AgreementNuts and Bolts
  • The NDDOT will continue to meet with the Tribes at each Committee member’s individual office at least once per year
  • The FHWA and NDDOT acknowledge the need for confidentiality of certain tribal spiritual and cultural information that may be provided during the course of tribal consultation
  • The NDDOT will host the meetings and will pay for up to two representatives from each participating reservation to attend (payment currently includes travel expenses, motels rooms, per diem, and a $300 fee)
the programmatic agreement nddot mission statement
The Programmatic AgreementNDDOT Mission Statement
  • Acknowledges the NDDOT’s commitment to the design and construction of a transportation system that
  • 1) safely moves people and goods;
  • 2) avoids, minimizes, and mitigates adverse effects on cultural resources;
  • 3) recognizes that consideration of tribal interest in preservation of significant cultural resources is important to Tribal well-being, growth, and prosperity; and
  • 4) responds to the needs of North Dakota communities and the Tribes.
implementing the pa
Implementing the PA
  • The PA has been in use for 1.5 years
  • The Committee has reviewed projects from the STIP level through Section 106 and NEPA compliance
  • The Committee has taken bus trips to view specific project areas
  • The Committee has conducted Sensitivity Training for NDDOT archaeological consultants
  • The Committee is currently functioning as a Participating Agency through the NEPA process on a proposed new county road through the badlands of western North Dakota
  • The Committee is working to get approval to implement a program of Tribal Monitors at the identification stage
ongoing issues
Ongoing Issues
  • Confidentiality of Information
  • Funding – financial rules (Federal and State) that impede effective consultation
    • Meetings
    • Food
    • Tobacco
    • Gifts