Arizona Department of Transportation TRIBAL CONSULTATION POLICY ANNUAL REPORT September 2006 - November 2007 December 5, 2007 Prepared by Arizona Department of Transportation Transportation Planning Division Statewide & Regional Planning Section 206 South 17th Avenue, MD 310B Phoenix, AZ 85007 1 TABLE OF CONTENTS ADOT Tribal Consultation Background.............................................................................. 1 Tribal Land in Arizona.................................................................................................................... 1 The Arizona State Highway System .............................................................................................. 1 Federal Mandates ........................................................................................................................... 4 Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA); Transportation Efficiency Act for the 21st Century (TEA-21); and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)........................................................................................................................... 4 USDOT Order 5301.1 - Department of Transportation Programs, Policies and Procedures Affecting American Indians, Alaska Natives and Tribes.................................................................................................... 4 Executive Order 13175 - Consultation and Coordination with Indian Tribal Governments ............................................... 4 Title VI and Executive Order 12898 - Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations ........................................................................................................................ 5 Federal Legislative Acts .................................................................................................................................................... 5 Tribal Transportation Consultation in Arizona ............................................................................ 6 Governors Executive Order 2006-14 Consultation and Cooperation with Arizona Tribes ................................................ 6 ADOT MGT-16.01 Department-Wide Native Nation/Tribal Government Consultation Policy........................................... 6 ADOT Tribal Consultation Policy Priorities........................................................................................................................ 7 ADOT Statewide, Regional and Local Tribal Consultation and Coordination ........................... 8 Arizona Statewide Long Range Transportation Plan ........................................................................................................ 8 Regional and Local Transportation Planning .................................................................................................................... 8 Metropolitan Planning Organization and Council of Government Planning ...................................................................... 9 Direct Tribal Input into the Planning and Programming Process .................................................................................... 10 ADOT Engineering Districts ............................................................................................................................................ 10 ADOT Tribal Coordinator/Liaisons .................................................................................................................................. 10 ADOT Historic Preservation Tribal Consultation ............................................................................................................. 10 Governor’s Tribal Summit on Transportation .................................................................................................................. 11 Arizona Tribal Strategic Partnering Team ....................................................................................................................... 11 Arizona Regional State-Tribal Transportation Forums.................................................................................................... 13 Arizona Statewide Tribal Transportation Forum.............................................................................................................. 13 Navajo Nation/ADOT/BIA/FHWA/Coconino County/Navajo County/Apache County Partnership .................................. 14 Hopi Tribe/ADOT/BIA/FHWA/Coconino County/Navajo County Partnership.................................................................. 15 Inter Tribal Council of Arizona, Inc. - Transportation Working Group ............................................................................. 15 Arizona Commission of Indian Affairs ............................................................................................................................. 15 USDOI Bureau of Indian Affairs - Western Regional Office and Navajo Regional Office ............................................... 16 USDOT Federal Highway Administration........................................................................................................................ 16 USDOT Federal Transit Administration........................................................................................................................... 16 ADOT Tribal Consultation Actions: September 2006 to November 2007...................... 17 ADOT Aeronautics Division......................................................................................................... 17 ADOT Communications and Community Partnerships............................................................. 17 ADOT Intermodal Transportation Division ................................................................................. 19 ADOT Motor Vehicle Division ...................................................................................................... 20 ADOT Policy and Governmental Affairs ..................................................................................... 21 ADOT Public Transportation Division......................................................................................... 21 ADOT Transportation Planning Division .................................................................................... 22 ADOT Transportation Services Group........................................................................................ 26 1 ADOT TRIBAL CONSULTATION BACKGROUND Tribal Land in Arizona There are 22 federally recognized Indian Tribes and Native Nations with reservation land in Arizona. This tribal land encompasses approximately 27,736,000 acres or 28% of Arizona’s land base. Only the San Juan Southern Paiute Tribe currently does not have a reservation land base, however, it is in the process of placing several thousand acres in federal trust status. Also, although headquartered out of New Mexico, the Pueblo of Zuni has approximately 12,000 acres of reservation land located in eastern Arizona. Table 1 identifies the Indian Tribes and Native Nations in Arizona. TABLE 1 The 22 Indian Tribes and Native Nations in Arizona • • • • • • • • • • • • • • • • • • • • • • Ak-Chin Indian Community Cocopah Indian Tribe Colorado River Indian Tribes Fort McDowell Yavapai Nation Fort Mojave Indian Tribe Fort Yuma Quechan Indian Tribe Gila River Indian Community Havasupai Tribe Hopi Tribe Hualapai Tribe Kaibab Band of Paiute Indians Navajo Nation Pascua Yaqui Tribe Pueblo of Zuni Salt River Pima-Maricopa Indian Community San Carlos Apache Tribe San Juan Southern Paiute Tribe Tohono O’odham Nation Tonto Apache Tribe White Mountain Apache Tribe Yavapai-Apache Nation Yavapai-Prescott Indian Tribe The Arizona State Highway System The Arizona Department of Transportation (ADOT) was established in 1974 and is responsible for planning, developing, maintaining, and operating state transportation facilities for the efficient movement of people and products by surface and air throughout Arizona. Within the State, multi-modal transportation systems cross numerous jurisdictional boundaries. The State Highway System (SHS) includes 6,801 route miles of roadway and of this about 88% of the system’s roadways are situated within rural areas with the remainder in urban areas. The SHS also includes 1,324 miles or 20% that traverse Native Nation/Tribal lands. In addition, there are 20 airports maintained and operated by the Native Nation/Tribal Governments. Thus, the State, Native Nations and Tribes share a mutual desire to work together for the common purpose of protecting the health, safety and welfare of the traveling public in Arizona through a continuously improving working relationship. The map on the following page shows the locations of tribal reservation land in comparison to the SHS, county boundaries and ADOT Engineering District Boundaries. Table 2 identifies the SHS mileage per reservation according to the Arizona Transportation Information System database. 1 2 TABLE 2 2007 State Highway System Road Mileage on Tribal Land TRIBE / RESERVATION Feet Ak-Chin Indian Community / Ak-Chin Indian Reservation Cocopah Tribe / Cocopah Indian Reservation Colorado River Indian Tribe / Colorado River Indian Reservation Fort McDowell Yavapai Nation / Fort McDowell Indian Reservation Fort Mojave Indian Tribe / Fort Mojave Indian Reservation Fort Yuma Quechan / Fort Yuma Indian Reservation Gila River Indian Community / Gila River Indian Reservation Havasupai Tribe / Havasupai Indian Reservation Hopi Tribe / Hopi Indian Reservation Hualapai Indian Tribe / Hualapai Indian Reservation Indian Allotments* Kaibab Band of Paiute Indians / Kaibab-Paiute Indian Reservation Navajo Nation / Navajo Indian Reservation Pascua Yaqui / Pascua Yaqui Indian Reservation Salt River Pima-Maricopa Indian Community / Salt River Indian Reservation San Carlos Apache Tribe / San Carlos Indian Reservation San Juan Southern Band of Paiute Indians Tohono O'odham Nation / Tohono O’odham Indian Reservation Tohono O’odham Nation - San Xavier District Tonto Apache / Tonto Apache Indian Reservation White Mountain Apache Tribe / Fort Apache Indian Reservation Yavapai-Apache Nation / Yavapai-Apache Indian Reservation Yavapai-Prescott Indian Tribe / Yavapai-Prescott Indian Reservation Zuni Tribe TOTALS 42123.48735 8037.333828 64324.30745 45859.85304 22832.53506 0.00 611707.6056 0.00 482582.2337 94378.58092 83898.35759 86935.64867 3632394.343 0.00 222291.2387 276843.5568 0.00 536023.1446 85211.45065 0.00 682202.0391 1720.808699 10376.63893 2716.8149 6992459.9786 Miles 7.977933211 1.522222316 12.18263399 8.685578228 4.324343761 0.00 115.8537132 0.00 91.39815033 17.87473123 15.88984045 16.46508498 687.9534741 0.00 42.10061339 52.43249182 0.00 101.519535 16.13853232 0.00 129.2049317 0.325910738 1.965272524 0.514548277 1324.329541 Source: Arizona Transportation Information System (ATIS Roads), July 2007. Notes: The data was extracted based on the 2005 shapefile of the Indian reservation boundaries and the county boundaries. *Approximately .5 miles of allotments are on San Carlos with the remainder of the 15.9 miles on Navajo Nation The Arizona State Highway System includes 6,801 route miles of roadway. Approximately 1,324 route miles or 20% of the SHS traverse tribal land. The illustration of these facts provides the basis of the need for the state to adequately consult, communicate, and cooperate with tribal governments to address the growing needs of the traveling public on and off tribal land. 3 Federal Mandates Although not all-inclusive, the following references cite several of the major federal legislative actions affecting statewide and tribal transportation planning and project development processes. Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA); Transportation Efficiency Act for the 21st Century (TEA-21); and the Safe, Accountable, Flexile, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) Since the early 1990’s the Federal Government has passed three transportation legislative acts that specifically impact statewide and tribal transportation project development processes, they include “ISTEA” in December 1991; “TEA-21” in June 1998; and “SAFETEA-LU” in August 2005. Consequently, as part of these Acts and pertaining to the statewide transportation planning process, States are required “… to consider the concerns of Indian tribal governments…that have jurisdiction over land within the boundaries of the State” (23 U.S.C. 135(d)(2)). States are also required to consult with Indian tribal governments and the Secretary of the Interior in the development of the Statewide Long-Range Transportation Plan and the State Transportation Improvement Program “with respect to each area of the State under the jurisdiction of an Indian tribal government…” (23 U.S.C. 135(e)(2)(C) and 135(f)(1)(B)(iii)). The current transportation planning legislation emphasizes cooperative planning and the opportunity for those interested to participate and provide input into the transportation decision making process. In order to carry out cooperative planning and to comprehensively address transportation issues on and adjacent to Indian reservation land, the tribal governments, Bureau of Indian Affairs, State, Metropolitan Planning Organizations, Councils of Government, and local governments are all required to coordinate their efforts. USDOT Order 5301.1 - Department of Transportation Programs, Policies and Procedures Affecting American Indians, Alaska Natives and Tribes USDOT Order 5301.1 of November 16, 1999, directs USDOT agencies to build more effective working relationships with Native Americans. Its purpose is to ensure that programs, policies, and procedures administered by the Department are responsive to the needs and concerns of American Indians, Alaska Natives and tribes. The Order is comprised of 17 points of policy and specific guidelines with regard to how the USDOT will conduct communication and consultation with Nave Nations and Indian Tribes. Executive Order 13175 - Consultation and Coordination with Indian Tribal Governments Executive Order 13175 of November 6, 2000 establishes regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, to strengthen the United States government-to-government relationships with Indian tribes, and to reduce the imposition of unfunded mandates upon Indian tribes. It also supplements the Executive Memorandum of April 29, 1994, on Government-to-Government Relations with Native American Tribal Governments. 4 Title VI and Executive Order 12898 - Federal Actions to Address Environmental Justice in Minority Populations and low Income Populations Title VI of the Civil Rights Act of 1964 and related laws assure that individuals are not excluded from participation in, denied the benefit of, or subjected to discrimination on the basis of race, color, national origin, age, sex, and disability. Executive Order 12898 - Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations, established environmental justice as a federal government priority that directed all federal agencies to make it part of their mission that program, policies, and activities not have a disproportionately high and adverse human health and environmental effect on minority and low-income populations. ADOT has issued a document titled Guidance on Title VI and Environmental Justice to provide information on insuring that Title VI and Environmental Justice factors are considered in project development, environmental assessments, and environmental impact statements. Although the guidance is for projects in the development and environmental stages, the general approach outlined is used to identify related issues for potential projects analyzed in the planning process. Federal Legislative Acts The National Historic Preservation Act (NHPA) requires consultation with Indian Tribes concerning places of traditional religious and cultural significance. Consultation with Tribes is also required for those that have assumed historic preservation duties as Tribal Historic Preservation Offices (THPO). The National Environmental Policy Act (NEPA) requires tribal consultation concerning impacts to sacred sites and on the mitigation of actions to sites of concern to Tribes. Such impacts involve the social and cultural relationship of people to the physical environment. The Archaeological Resources Protection Act (ARPA) is directed at protecting archaeological sites. It requires Federal agencies to notify Tribes of excavation on federal land that will include sites of religious and cultural importance to Tribes and prohibits unauthorized excavation, removal, or damage of archaeological resources that are at least 100 years old located on Federal or Indian lands. The Native American Graves Protection and Repatriation Act (NAGPRA) requires consultation with Tribes pertaining to repatriation of human remains and associated funerary items. Consultation is required to determine the means of transfer for repatriated items to Tribes showing genetic or cultural affiliation with those remains and artifacts. Regulates excavation of such remains and artifacts on federal or Indian land, provides for a minimum 30-day hold on earthmoving activities that cause inadvertent discovery of such remains and artifacts. The American Indian Religious Freedom Act (AIRFA) is a joint resolution of Congress declaring that the U.S. government will protect the inherent rights of Indian Tribes to the fee exercise of their traditional religions. Requires agencies to consult with Tribes when any action is contemplated that might affect the practice of traditional religions and includes the places and physical objects needed for religious practice. 5 Tribal Transportation Consultation in Arizona Through various meetings and forums tribal officials and representatives in Arizona have expressed concerns that they have with the state transportation system as it affects the road systems within and adjacent to their communities. In order to address these concerns as well as federal legislative requirements in the statewide transportation planning and project development processes, the issues are documented by ADOT for incorporation into project reports. Pertinent information is also distributed to key ADOT officials and representatives relative to projects that require tribal coordination and consultation follow up. This process has provided ADOT with a comprehensive understanding of Arizona Tribal transportation concerns and needs. In addition, ADOT’s efforts to address tribal transportation concerns and consultation are carried out in accordance with the Governor’s Executive Order on Consultation and Cooperation with Arizona Tribes and ADOT’s Department-Wide Native Nation/Tribal Government Consultation Policy. Governors Executive Order 2006-14 Consultation and Cooperation with Arizona Tribes Since 2003 Governor Napolitano has held quarterly tribal summits with the Arizona tribal leaders to discuss various statewide issues of concern to the Tribes. In March 2004 a Tribal Summit on Transportation was held during which several themes were identified for follow-up by ADOT. ADOT regularly monitors its efforts to address the various themes and provides a written quarterly report to the Governor’s Office for distribution to the tribal leaders. Additionally, as a result of discussion at the Governor’s Summits, tribal leaders expressed the need for all state agencies to adopt consultation policies to guide the continuing government-to-government relationships between the State and Tribes. Consequently, on September 14, 2006 Governor Napolitano issued Executive Order 2006-16 that directs all executive branch agencies in Arizona to develop and implement tribal consultation policies to guide their work and interaction with federally recognized Tribes in Arizona. It also directs each agency to designate a member of their staff to assume responsibility for implementation of the policy and to act as a point of contact for tribal issues. Lastly, each agency is directed to report annually to the Governor, State Legislature and tribal leaders on all actions to implement the policy. ADOT MGT-16.01 Department-Wide Native Nation/Tribal Government Consultation Policy ADOT’s tribal consultation policy was adopted on September 1, 2006 taking into consideration the Governor’s impending Executive Order and the Federal legislation requirements for state departments of transportation to coordinate, cooperate and consult with Native Nation/Tribal Governments in statewide and metropolitan transportation planning processes. This is in addition to addressing environmental, cultural, historic, natural and human resource issues during the implementation of transportation programs and construction/maintenance projects impacting Native Nation/Tribal reservations and aboriginal lands within the State boundaries. Since its establishment in 1974, ADOT has continually implemented intergovernmental relations processes to carry out its responsibilities. However, this policy is intended to provide additional guidance to ADOT personnel when working with the Native Nations/Tribal Governments in Arizona. Furthermore, the consultation procedures outlined in the Policy provide ADOT and the Nations/Tribes a basis for mutual understanding as appropriate agreements are carried out to address State and Tribal Transportation issues, needs and concerns. Consequently, both the State and the Native Nation/Tribal Governments 6 share a mutual desire to coordinate the implementation of their respective multi-modal transportation mission and goals. ADOT Tribal Consultation Policy Priorities ADOT respects the unique and continuous existence of each Native Nation’s and Tribal government’s values, culture, codes, laws; and works to address the following 12 policy priorities. 1. Support the strengthening of Native Nation/Tribal Government capacity for planning, development, construction, maintenance, and operation of transportation facilities under Nation/Tribal jurisdiction. 2. Commit to developing cooperative relationships with the Native Nation/Tribal Governments in Arizona, and respect and consider their transportation concerns. 3. Not to solicit and assert claim to Federal resources that would otherwise be provided directly to Native Nations/Tribal Governments, unless an impacted Nation/Tribe gives consent. 4. Maintain and operate State owned transportation infrastructure within Native Nation/Tribal lands in the best interest of the State while respecting Nation/Tribal and local communities. 5. Maintain the appropriate working relationships with Native Nation/Tribal Government elected officials and staff to assure the continuous operation of their respective transportation systems. 6. Consult with Native Nation/Tribal Governments during the transportation planning processes and implementation of the statewide transportation improvement plan. 7. Assist Native Nation/Tribal Governments to implement transportation programs by providing technical assistance, sharing data, conducting joint Nation/Tribal and State projects, and cooperatively resolving transportation issues to the extent resources allow. 8. Enter into Intergovernmental Agreements, Joint Project Agreements, Memoranda of Agreement, or Memoranda of Understanding when considered mutually appropriate by ADOT and an interested Native Nation/Tribal Government. 9. Coordinate with Native Nation/Tribal Governments in Arizona to identify available resources to jointly or individually fund projects to benefit the State and Nation/Tribal communities. 10. Conduct training and partnering efforts, when appropriate and as resources allow, encouraging and improving State Departmental/Native Nation/Tribal Government understanding and communication. 11. Provide early notification to Native Nations/Tribal Governments about decisions that may affect them. 12. Share appropriate technical information and data with Native Nations/Tribal Governments in accordance with established ADOT policy. 7 ADOT Statewide, Regional and Local Tribal Consultation, Cooperation and Coordination The Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA-LU) mandates that all state DOT’s support a statewide transportation planning process that provides for consideration of projects and strategies such as long-range plans and transportation improvement programs. These Programs are supported by the Federal Highway Administration (FHWA) two percent Federal-Aid Highway Funds under 23 U.S.C. Section 505. The following highlights several of the processes that have resulted in development of the Arizona Long Range Transportation Plan as well as regional and local tribal consultation, cooperation and coordination processes. Arizona Statewide Long Range Transportation Plan Completion of the December 2004 Arizona Statewide Long Range Transportation or “MoveAZ” as it is also referred, was a five year process that incorporated the following strategies to provide for tribal input and participation regarding the State transportation system as it affects the road systems within and adjacent to the tribal communities. • • • • • • Internally, ADOT established and conducted coordination through a Steering Committee (comprised of ADOT-TPD staff) and a Continuity Team (comprised of ADOT Executive Leadership). The ADOT-TPD Tribal Coordinator participated on the Steering Committee. Externally, ADOT established and conducted coordination through a Working Group, which included participation by the Inter Tribal Council of Arizona (ITCA), Arizona Transit Association and the regional planning agencies (COGs and MPOs). The ITCA Transportation Project Coordinator participated on the Working Group. Native American Community Stakeholder Focus Group meetings were also conducted in conjunction with two ITCA Transportation Working Group regular meetings. The first at the ITCA office in Phoenix and a second at the tribal headquarters of the Pascua Yaqui Indian Community. Regional Public Forums were conducted statewide with notices sent to the tribal governments and communities for participation. Regional Solutions Forums were conducted statewide with notices sent to the tribal governments and communities for participation. Public Open Houses were conducted statewide with three located in tribal communities i.e. Window Rock (Navajo Reservation), Sells (Tohono O’odham Reservation), and Parker (Colorado River Indian Tribes Reservation). Regional and Local Transportation Planning There are several transportation planning study processes through which tribes can identify future transportation needs. Both methods provide an opportunity to incorporate tribally identified projects into the state transportation improvement program and state five-year highway construction program. The first is through the ADOT Regional Transportation Profile process. The December 2004 Arizona Statewide Long Range Transportation Plan provides for the completion of a series of 12 regional transportation profiles that will form the basis for the update of the plan. Each Profile would describe current conditions, forecast future conditions to 2030, identify deficiencies, and recommend a program of prioritized improvements on all roads within the State Highway System. This profile process will obtain non-tribal and tribal input as well as participation on project technical advisory committees. 8 The second process is through the ADOT Small Area Transportation Study (SATS) Program. Utilizing funding from the federal Statewide Planning and Research (SPR) Program these types of studies conduct analysis on local community road systems. For tribes this can serve as an update to an existing tribal transportation plan and will provide for analysis of BIA routes and tribal roads. Under the SATS Program, ADOT can provide technical planning and funding assistance to tribes at their request. A 20 percent match in funding from the tribe is required and BIA IRR planning funds, COG/MPO non-federal planning funds, or other non-federal tribal funds can be applied toward this match. Metropolitan Planning Organization and Council of Government Planning Tribal government officials are encouraged to become members and participate in the regional planning process conducted by the Councils of Government (COGs) and the Metropolitan Planning Organizations (MPOs). When membership dues are paid (where required) this provides the tribes a means of participating on the COG/MPO Regional Boards/Councils and committees thereby allowing the tribes an opportunity to vote on transportation issues and projects in the region. Some tribes do have sovereignty concerns and/or concerns with the membership dues required by their regional COG or MPO and thereby opt not to participate at that level. However, even if they aren’t paying members tribes are encouraged to participate at committee meetings in a non-voting capacity. Current tribal membership/participation on Arizona COGs and MPOs includes: Metropolitan Planning Organizations • Central Yavapai Metropolitan Planning Organization (CYMPO) – No tribal membership - YavapaiPrescott Tribe participates at committee meetings. • Flagstaff Metropolitan Planning Organization (FMPO) – No tribal membership or participation. • Maricopa Association of Governments (MAG) – Fort McDowell Yavapai Nation, Gila River Indian Community, and Salt River Indian Community are members. • Pima Association of Governments (PAG) – Pascua Yaqui Tribe and Tohono O’odham Nation are members. • Yuma Metropolitan Planning Organization (YMPO) – Cocopah Tribe is a member. Councils of Government • Central Arizona Association of Governments (CAAG) – No tribal membership – Ak-Chin Indian Community, Gila River Indian Community, San Carlos Apache Tribe, and White Mountain Apache Tribe participate at committee meetings. • Northern Arizona Council of Governments (NACOG) – No tribal membership – Navajo Nation, Hopi Tribe and White Mountain Apache participate at committee meetings. • SouthEastern Arizona Governments Organization (SEAGO) – No tribal membership or participation. • Western Arizona Council of Governments (WACOG) – No tribal membership – Hualapai Tribe and Colorado River Indian Tribes participate at committee meetings. 9 Direct Tribal Input into the Planning and Programming Process ADOT works to ensure that tribal officials/staff are represented on its various statewide/regional program and project technical advisory committees. This representation provides tribes an opportunity to have direct input into development of the policy aspect of transportation planning. ADOT also works to encourage tribal attendance and input at the monthly state transportation board meetings. Recently, tribes have increased their efforts to address the state’s transportation board directly at these meetings. This can work in the tribes favor when tribal community members give testimony on transportation issues of concern. Oftentimes, they will testify at more than one meeting so that the Board will become familiar with the issue and realize the extent of the need. This takes into consideration that the Board makes final decisions on projects that will be funded in the state five-year highway construction program and the STIP. ADOT has also recently initiated a solicitation for tribes that may have interest in hosting a state transportation board meeting in their community. This then allows tribes an opportunity to put focus on transportation needs within their areas. Most recently the White Mountain Apache Tribe and the Navajo Nation have hosted board meetings. ADOT Engineering Districts Within Arizona ADOT has established ten engineering districts headed by District Engineers (DE) and supported by operation and maintenance personnel who consult at the local level with tribal governments. The DE’s or their representatives regularly attend tribal transportation committee meetings, local community meetings, or meet on an as-needed basis with tribal officials to address transportation issues, construction project implementation, and highway operation/maintenance. ADOT Tribal Coordinator/Liaisons There are several designated tribal coordinators/liaisons within ADOT. They are located in the Transportation Planning Division, Environmental and Enhancement Group, Right-of-Way Sections, and the Civil Rights Office. These liaisons/coordinators also work closely with tribal officials and personnel to address specific types of issues within their realm of expertise. Tribal staff historically worked most closely with the ADOT DE’s, however, they are now branching out to contact the ADOT tribal coordinators/liaisons as well. Oftentimes, there is collaboration between the DE’s and tribal coordinators/liaisons to address certain issues. ADOT Historic Preservation Tribal Consultation In August 2004 the ADOT Environmental and Enhancement Group developed the ADOT Historic Preservation Handbook to ensure that all construction and maintenance projects associated with the Arizona State Highway System consider project-related effects to significant historic and prehistoric cultural resources and that these undertakings are in compliance with Federal and State Historic Preservation laws. The Handbook serves as a process, procedures, policy, and training manual. It is a tool that provides stepby-step guidelines for the ADOT Historic Preservation Team (HPT) Specialist, and also presents the cultural resource process from the point of view of other groups that HPT interacts with, such as, NEPA Planners, Transportation Enhancement, Local Government, Technical Specialists, and On-call Consultants. 10 The Handbook outlines various processes to undertake consultation with tribal governments according to the Section 106 guidelines, those basically include: • • • • • • Submittal of consultation letters to the Tribal Leader and Tribal Historic Preservation Offices (THPO), as appropriate. Develop a project work plan to mitigate cultural resource impacts in accordance with state and/or federal laws and in consultation with the appropriate tribal entities and land managing agencies. Prepare and negotiate either a Memorandum of Agreement (MOA) or Programmatic Agreement (PA) in order to satisfy cultural resources tribal consultation requirements as related to transportation enhancement projects or local government projects. Determine whether a project is a Federal undertaking or State undertaking and take appropriate steps to complete the consultation process. Determine BIA involvement in the consultation process. Maintain contact information for the Agencies and Tribes including entries for the tribal representatives to whom consultation is addressed, and to whom reports are transmitted. Governor’s Tribal Summit on Transportation In March 2003, State Governor Napolitano began holding quarterly summits on various tribal priority topics with the State’s 22 tribal leaders. The expected results of these meetings were to create guidance and mandates for state departments to improve state-tribal relations. The Governor’s Tribal Summit on Transportation was held on March 10, 2004, at the Fort McDowell Yavapai Nation tribal community. The Summit identified several themes for follow-up by ADOT. Those themes focused on: (1) State-Tribal Consultation and Coordination, (2) Tribal Representation on the State Transportation Board, (3) Safety and Maintenance, (4) Signage for Tribal Communities, (5) Transit Planning and Funding, and (6) ADOT coordination with the Inter Tribal Council of Arizona to address the Summit issues. Consequently, ADOT has developed a formal action plan to monitor progress on each theme, the related actions, activities and their timeframes. Arizona Tribal Strategic Partnering Team The ADOT Partnering Office initiated an effort formerly titled the “ADOT” Tribal Strategic Partnering Team or “ATSPT”, as a means of improving state-tribal relations in transportation. The ATSPT was established in June 1999 through the efforts of the ADOT Partnering Section, ADOT Civil Rights Office, ADOT Transportation Planning Division, and Federal Highway Administration (FHWA) Arizona Division. ATSPT’s purpose was to bring together Arizona representatives from state, tribal, federal and local agencies to discuss tribal-related transportation issues and to develop strategies through which those issues can be addressed. The ATSPT met on a regular basis with meeting discussions being documented and distributed to participating agencies, tribal officials, and to key officials within ADOT. Since its establishment ATSPT’s purpose and activities have not changed and the membership continues to encourage active participation from all tribes and interested transportation stakeholder entities within the State. Specific tribal transportation contacts have been identified and are updated as needed. Activity notifications are forwarded to these individuals on a regular basis. This has resulted in participation at the ATSPT regular meetings from the various tribes and tribal-related agencies on a periodic basis. Most notably a majority of the tribes will participate in ATSPT sponsored forums when held in their regions of the state. It should also be noted that due to recent growth in the diversity of ATSPT membership it has 11 been re-titled as the “Arizona” Tribal Strategic Partnering Team but is still otherwise know as ATSPT. ATSPT’s active participating agencies include: • • • • • • • • • • • • • • • • • ADOT Environmental and Enhancement Group ADOT Flagstaff Engineering District ADOT Holbrook Engineering District ADOT Natural Resources Management Section ADOT Partnering Office ADOT Policy and Governmental Affairs Office ADOT Public Relations Office ADOT Right-of-Way Group ADOT Statewide and Regional Planning Section Apache County District One - Road Department Bureau of Indian Affairs - Western Regional Office Bureau of Indian Affairs - Navajo Regional Office Colorado State University - Tribal Technical Assistance Program Federal Highway Administration - Arizona Division. Inter Tribal Council of Arizona Navajo Nation Department of Transportation Navajo Nation Transportation and Community Development Committee “ATSPT builds relationships among state, tribal, federal and local governments to develop strategies that address state and tribal transportation issues.” ATSPT Vision: “Partnering for the standard of excellence in developing tribal community relationships related to transportation systems and services” ATSPT Mission: A trusted coalition of tribal and non-tribal, multi-jurisdictional advisors who facilitate strategies to resolve tribal transportation issues by maintaining relationships, and educating and upholding all partners’ laws and policies through free-flowing communication. ATSPT Goals • To Promote Collaborative Relationships • To Understand and Educate All Partners • To Develop Strategic Partnering and Processes The ATSPT has developed a Membership Packet for potential new members who have the desire to provide input into the development of transportation policies and processes between Native Nations, Tribal Governments and the State of Arizona. More information on the ATSPT and its activities can be viewed at the Arizona Tribal Transportation website: www.aztribaltransportation.org. Arizona Regional State-Tribal Transportation Forums One major effort undertaken by the ATSPT was the process of conducting three State-Tribal Regional Transportation Forums in Arizona. The purpose of these forums was to provide tribal and nontribal government officials with an understanding of current highway funding and transportation coordination 12 processes in Arizona. The major goals of the Forums were to: • • • Improve tribal-state-federal relations Improve tribal-state-federal coordination Improve tribal participation in the statewide transportation planning and programming processes The three regional forums were conducted as follows: • • • The Northern forum was held on October 17, 2002, in Flagstaff, Arizona The Southern forum was March 11-12, 2003, on the Tohono O’odham Nation -San Xavier Reservation south of Tucson, Arizona The Western forum was September 24-25, 2003, on the Colorado River Indian Tribes Reservation in Parker, Arizona The forums were well attended by tribal officials and other key stakeholders within the various regions of the State. Each forum averaged approximately 75 persons in attendance. With completion of the forums, a major step was taken to improve state-tribal and federal-tribal relationships in transportation planning, programming and overall coordination. This series of regional forums considered the individuality (or uniqueness) of the tribes; no one tribe is the same as another; each has different concerns and needs. The forums also provided the opportunity for the state to better understand what the tribes consider to be priority transportation issues, needs and concerns on a regional and a statewide basis. With the discussion and input provided through the forums, the ATSPT began the process of establishing a formal basis for determining the means to address priority issues through necessary followup actions, which could include, but are not limited, to education/training sessions, process/policy changes, and/or an annual state-tribal transportation summit or forums. These are then to be addressed on an ongoing basis by ATSPT and other key entities. Arizona Statewide Tribal Transportation Forum The Arizona Tribal Transportation Forum: “Launching Your Transportation Project” was held March 8, 2007 in Phoenix, AZ. This statewide forum was convened by ADOT and the ATSPT in follow-up to the three State-Tribal Regional Transportation Forums. The purpose of the forum was to help the participants understand how to move their transportation projects forward. The forum was attended by 90 representatives from 12 tribes and a number of state, federal and local government stakeholder agencies. A general session and three breakout sessions addressing routine maintenance, new and improved roadways, and safety enhancements were conducted. Facilitators guided the sessions and a group of panelists were available to provide information on specific project types. A proceedings report has been prepared and was distributed to the participants. The ATSPT has identified several major lessons learned through the various forums including the following: • • • Maintain continuous communication with the tribes and non-tribal stakeholders Maintain a database of current tribal and non-tribal transportation contacts and other officials Ensure that the State DOT has reliable and committed staff to act as tribal coordination points of contact at both headquarter and district levels 13 • • • • • • Complete necessary follow-up actions as identified through regular meetings and other forums Work with the tribes on an individual basis to address issues specific to their communities Work to involve all tribes and other stakeholders in regional and statewide efforts Monitor and acknowledge accomplishments of the partnering efforts and relay this information to the tribes and other stakeholders Keep participating stakeholders informed of major activities of the partnering team Most of all it is imperative that the partnering team involve active and committed core team members, key liaisons/contacts, and partner groups to ensure ongoing success Navajo Nation/ADOT/BIA/FHWA/Coconino County/Navajo County/Apache County Partnership In November 1995, a Strategic Planning Partnering Conference was held with participation from the Navajo Nation Council, Navajo DOT, BIA Navajo Region, ADOT District Engineering Offices, ADOT Headquarters, ADOT Intermodal Transportation Division, FHWA, and both the Navajo Nation and ADOT Attorney Generals. Issues that were successfully addressed in that conference included: • • • • Streamlining of the environmental permitting process Training provided to Navajo contractors and subcontractors by the ADOT Affirmative Action Office Improved cooperation between ADOT-MVD and Navajo DPS in weight enforcement details on the reservation A signed fuel tax agreement between the Navajo Nation and ADOT Although these were major successes, the on-going continuation of the partnering effort waned and eventually became non-existent due to the broadness of the partnering objectives identified at the time. Then in March 2004 at the Governor’s Tribal Summit on Transportation Mark Maryboy, Chairman of the Navajo Nation Transportation Community Development Committee, made a request that the State reestablish the partnering effort. Also, on May 21, 2004 at a State Transportation Board Meeting in Chinle, AZ, the Navajo DOT requested the same. In response, ADOT utilizing the support of the ADOT Tribal Strategic Partnering Team and the services of two partnering consultants re-established the partnering process with the Navajo Nation. Consequently, a kick-off workshop was held in December 2004 bringing together executive level leadership from each partner agency and key agency personnel. The major results were a signed charter symbolizing leadership support for the partnership, identification of priority issues, and identification of champions from each partner group to participate on an on-going partnership steering committee. Thus far the steering committee has developed a partnership strategic plan that is being used to provide guidance on how the priority issues will be addressed. It was also determined that progress on the effort will be reported and further guidance obtained through an annual meeting of the partner groups. Hopi Tribe/ADOT/BIA/FHWA/Coconino County/Navajo County Partnership Following along the lines of the intent and purpose of the Navajo Partnership, ADOT and the Hopi Tribe convened the first meeting of the newly established Hopi Tribe Transportation Partnership on September 26, 2007 in Flagstaff, Arizona. Specifically, the meeting purpose was to promote understanding, commitment, ownership, and identify strategies to initiate the partnership process. At the meeting a partnership charter was established and signed by all in attendance, goals and strategies were agreed upon, and a Steering Committee was established to support the ongoing partnership process. The 14 meeting was also an opportunity for officials from the partner groups to identify current and future transportation needs and improvements within the Hopi Reservation. In addition to the Hopi Tribe and ADOT, other partners involved in the effort include the Bureau of Indian Affairs - Western Regional Office, Federal Highway Administration - Arizona Division, Coconino County, and Navajo County. Several representatives from the Navajo Department of Transportation also attended as invited guests. About 53 representatives from the various partnering agencies were in attendance. Overseeing the meeting facilitation was Holon Consulting which for the past three years had been instrumental in assisting with a similar partnering process for the Navajo Nation. Overall, this first partnership meeting was a success. Comments were positive reflecting that attendees were able to express their ideas concerning obstacles facing the various agencies. This meeting was deemed an important first step so that a foundation of trust could be built and communication improved. The Partnership Steering Committee in conjunction with the Hopi Transportation Task Team will now continue to develop the framework for strengthening the partner group relationships. Inter Tribal Council of Arizona, Inc. - Transportation Working Group The Inter Tribal Council of Arizona, Inc. (ITCA) is a private non-profit organization that is comprised of tribal government membership representing 20 of the 22 tribes in Arizona. To support its tribal consultation and coordination efforts ADOT maintains a close working relationship with the transportation project coordinator of ITCA who oversees the established ITCA Transportation Working Group (TWG). Although, Navajo and San Juan Paiute are not ITCA members, they are invited to participate at the TWG meetings. The ITCA-TWG provides an excellent forum for dialogue where not only do tribal representatives get to learn and inquire on what the State DOT is working on, but also for State DOT staff learn what is happening at the tribal level and on BIA Regional Office issues. Additionally, ADOT-TPD’s Tribal Coordinator is invited to provide an ADOT Tribal Coordination Report at each regular TWG meeting. Arizona Commission of Indian Affairs The Commission is a state agency that works directly with tribal leaders to improve state-tribal relationships and largely deals with legislative type issues. Coordination/consultation is conducted with the Commission as a requirement under state statute, where the ADOT Director as well as several other state agency directors, are designated to serve as members of the Commission by virtue of their offices. The Directors may also appoint their representatives to participate in the quarterly Commission meetings and other activities. Currently, ADOT designates its Planning Division Tribal Coordinator to fill this role and to vote at the quarterly meetings then report back on issues impacting ADOT. 15 USDOI Bureau of Indian Affairs - Western Region Office and Navajo Region Office On specific project issues the ADOT District Engineers and other ADOT support staff (environmental, right of way, pre-design, construction and operation and maintenance, etc.) meet and communicate as-needed with the BIA Region and Agency Office personnel. Also, ADOT -TPD coordinates and consults with the BIA Region and Agency personnel for specific planning study projects or data requests, as needed, e.g. Regional Profile Studies and SATS. BIA representation is requested on the Technical Advisory Committees for these types of planning efforts in addition to being involved in document review. There are also two forums through which ADOT interacts with the BIA Regional Offices on a regular basis; those are the ATSPT regular meetings (BIA Western Region) and the Navajo Nation/ADOT/BIA/FHWA Partnership Steering Committee (BIA Navajo Region). Both forums provide for ongoing dialogue and improved relationships between the BIA and ADOT personnel. USDOT Federal Highway Administration ADOT interacts with the FHWA Arizona Division on a regular basis through meetings and electronic communication. Also, the FHWA staff participates on a number of committees that require input from the federal level due to the expenditure of federal funds on programs and projects. In particular, this includes the priority programming process for the State 5-Year Construction Program and STIP. As with the BIA, ADOT interacts with the FHWA Division on a regular basis, at the ATSPT regular meetings and the Navajo Nation Partnership meetings and Hopi Partnership meetings. Both have provided for ongoing dialogue and improved relationships between the FHWA and ADOT staff regarding tribal coordination and consultation. At the national level ADOT communicates with the FHWA Native American Coordinator to relay information on ADOT’s tribal coordination and consultation efforts through special meetings called for the State DOT Liaisons/Coordinators. USDOT Federal Transit Administration The role of the ADOT Public Transportation Division (PTD) is to ensure a multi-modal approach to mobility, congestion and air quality issues throughout the State. ADOT-PTD staff communicate through telephone/email contact on a regular basis and meet as needed with the Federal Transit Administration (FTA) to administer the Section 5303 Metropolitan Planning, the Section 5310 Elderly and Persons with Disabilities Transportation Program, Section 5311 Rural Transit Program, and the Section 5313 State Planning and Research Program. These grant programs, provide technical assistance and expertise to local transit agencies and decision makers; and, coordinates and funds state transit and rail planning efforts, and sets and monitors light rail system safety standards. Three tribal transit systems currently participate in the Section 5311 Program; they include the Hopi Tribe, Navajo Nation and Salt River Indian Community. Ten tribal service providers currently participate in the Section 5310 Program; they include the Camp Verde Yavapai- Apache, Cocopah Tribe, Fort Mojave Tribe, Gila River Indian Community, Hualapai Tribe, Navajo Nation, Pascua Yaqui Tribe, San Carlos Apache Tribe, Tohono O’odham Nation, and White Mountain Apache Tribe. ADOT-PTD consults with these tribes on a regular basis to ensure efficient operating systems and compliance with program regulations. Funding and management coordination is also conducted between ADOT-PTD and ADOTTPD for the Small Area Transportation Studies that require inclusion of a transit element. 16 ADOT TRIBAL CONSULTATION ACTIONS: SEPTEMBER 2006 TO NOVEMBER 2007 The following provides a summary of the substantial tribal related consultation actions undertaken by the various ADOT Divisions during the period of September 2006 to November 2007. A number of the actions relate directly to the implementation of the ADOT tribal consultation policy priorities. Specific Tribes consulted and/or impacted are highlighted in bold lettering. There are also items that are on-going forms of communication that ADOT conducts with tribal governments, tribal communities, and tribal related agencies. Additionally, although it is understood that public involvement is not considered direct consultation, it is important to note that there is tribal community participation in the transportation planning and programming process. Also a number of the identified activities are undertaken in cooperation between the various Divisions illustrating ADOT’s internal team effort toward accomplishing successful transportation program and project implementation. ADOT AERONAUTICS DIVISION September 2007 • The Director for the Aeronautics Division attended the Hopi Tribe/ADOT/BIA/FHWA/County Transportation Partnering Meeting in Flagstaff with his focus of interest on the Polacca airport. Also, the Deputy Director for the Division met with Navajo Nation Kayenta Chapter officials to discuss the status of the Kayenta airport. The Division plans to schedule a familiarization trip with FAA officials to fly to the two airports to familiarize them with the needs. Although ADOT has no funding commitment from the FAA, taking FAA officials to the airports would help the process. The FAA Western-Pacific Region did indicate some concerns with previous grants issued to airports in northeast Arizona. The Division Director informed FAA that ADOT could fill any intermediary roll that would facilitate coordination between the FAA and the tribal nations too get funding to the two airports. ADOT COMMUNICATIONS AND COMMUNITY PARTNERSHIPS November 2006 • January 2007 • • • March 2007 • • • • • April 2007 • Initiated the process of developing ADOT Engineering District Communication Plans. These Plans focus on public involvement at the design and construction level of project development as undertaken by the each of the 10 statewide ADOT District Offices. The plans also include an element focusing on tribal consultation including early notification, individualized meetings, and ensuring regular contact with the tribal governments. Met with the Salt River Pima-Maricopa Indian Community Design Review Committee to provide a briefing on the upcoming HOV lane additions on the Loop 101 from Princess Drive to the Loop 202. Participated in a meeting between Governor Napolitano and the Gila River Indian Community to discuss transportation issues. Met with the Inter Tribal Council of Arizona to review the first of the draft ADOT District Communication Plans and in particular language on tribal consultation. Along with ADOT Roadside Development prepared a presentation for the Salt River Pima-Maricopa Indian Community Design Review Committee in response to a request the Community had regarding painted barriers and utility boxes along the Loop 101. Participated in the Inter Tribal Council of Arizona Transportation Working Group Quarterly Meeting. Met with the Hopi Tribe Transportation Task Team to present information on the ADOT Access Management Program. Completed the 2007 Arizona Tribal Transportation Forum event package in coordination with the Arizona Tribal Strategic Partnering Team. Participated in a meeting between the State of Arizona Interagency Team and the Gila River Indian Community Transportation Technical Team to address issues of concern to the Community. Facilitated second meeting of the South Mountain Citizen Advisory Team. The group, in this session, 17 May 2007 June 2007 • • Met with the Governor's Office, various state agencies, and Gila River Indian Community to coordinate transportation improvements within the Community. • Pima Road Improvement Study open house meetings held for the Pima Road Improvement Study. The City of Scottsdale and Salt River Pima-Maricopa Indian Community are the leads on the study. ADOT had agreed to fund the study and assist as needed on issues involving the interaction between Pima Road and the parallel Loop 101 freeway. • Attended the City of Scottsdale Public Meeting on the Pima Road Expansion held at the Salt River Community Center. ADOT was present to address potential questions on the Loop 101 HOV construction project. Sixty-five people were in attendance; most were Salt River Pima-Maricopa Indian Community members. Attended a joint meeting on SR 87 between the City of Mesa, Town of Fountain Hills, and Fort McDowell Yavapai Nation, to discuss the potential for constructing a bridge over the Salt River near the intersection of the Bush Highway and Usery Pass Road. Participated in the First Annual Hopi Tribe Partnering Meeting in Flagstaff. Other members of the partnership include the Federal Highway Administration, Bureau of Indian Affairs, Coconino County and Navajo County. Coordinated the Arizona Tribal Strategic Partnering Team Quarterly Meeting and the Navajo Nation/ADOT/BIA/FHWA Steering Committee meeting. The Gila River Indian Community Natural Resources Standing Committee informed ADOT that it had approved the right of entry permit to allow study activities to begin for the I-10 widening project. Met with Gila River Indian Community to coordinate construction paving activities and intersection improvements along SR 347. Coordinated with the ADOT Tucson District Engineer to present SR 87 Highway Enhancements for Safety (HES) findings for intersection safety improvements to Gila River Indian Community. Provided an update to the Office of Senator Huppenthal regarding the status of discussions between ADOT and the Gila River Indian Community. Specifically, the senator’s office inquired about the recently approved right of entry permit for I-10 and if that was a sign of optimism for South Mountain alternatives on the Gila River Community. It was reiterated that ADOT has a positive relationship with the Tribe and engages the Community in a range of transportation-related topics. Attended a meeting between the ADOT Prescott District and Yavapai Apache Nation to discuss the Tribe’s concerns on SR 260 and a potential Joint Project Agreement with the Tribe. Met with Salt River Pima-Maricopa Indian Community regarding a study on the Loop 101general purpose lanes. The study is not anticipated to be kicked-off until early next year. The Community’s staff requested a summary of the meeting to distribute to the Tribal President and Council, and will determine if additional meetings are necessary. Met with Maricopa County Supervisor Wilcox, Gila River Indian Community Lieutenant Governor Allison-Raye and their staff to discuss future enforcement details for trucks carrying hazardous materials. The Maricopa County Department of Transportation will be installing signs on 51st Avenue restricting the route to trucks carrying hazardous materials. ADOT participated to coordinate future enforcement details. • September 2007 • • • • October 2007 • • November 2007 approved their operating agreement which spells out the roles and responsibilities of the Team and ADOT. Fourteen of 20 groups were present including a Gila River Indian Community Department of Transportation representative. Participated in a joint meeting between the City of Mesa, Town of Fountain Hills, and Fort McDowell Yavapai Nation, to discuss the potential of constructing a bridge over the Salt River near the intersection of Bush Highway and Usery Pass Road to SR 87. Maricopa County Department of Transportation, Fort McDowell Yavapai Nation, Mesa, and Fountain Hills are considering joint funding of the bridge feasibility study. • • • 18 ADOT INTERMODAL TRANSPORTATION DIVISION October 2006 • November 2006 • January 2007 • • • February 2007 • • March 2007 • July 2007 • • • August 2007 • • • • September 2007 • The FHWA Arizona Division in coordination with ADOT conducted a training session for 25 participants representing the following agencies: Navajo Nation DOT, BIA Regional and Agency Offices, Apache and Navajo Counties, Indian Health Service, Navajo Police Department, and the Navajo Offices of Public and Highway Safety. The training discussed how an RSA provides governments with the tools to understand the critical relationships between roads, roadside, road user behavior, safety basic concepts; understanding risk and safety; along with common issues and challenges that are identified, as well as the process for completing the RSA. The FHWA Arizona Division Office completed Navajo Nation Road Safety Audits (RSA) for two intersections (N100 and N110) and two roadway segments (south of SR 264) on Navajo Route 12 near Window Rock. The report on the RSA findings was provided to the participating agencies. The Prescott District met with the Yavapai Apache Nation regarding a permit issue on Interstate 17. The Safford District met with San Carlos Apache Tribal Council and staff about improvements on US 70 in Bylas pertaining to development of a commercial area. The Tucson District attended a Pinal County Transportation inter-agency meeting with the Gila River Indian Community in Sacaton. The Environmental Planning Group Haz-Mat/GIS Team held two meetings with the EPA Region IX Coordinator and the Hopi Tribe Environmental Office to discuss issues relating to the "Van's Trading Post" project at the intersection of US 160 and SR 264, as well as the final assessment for residual petroleum contaminates remaining in the soil from a fuel spill that occurred on SR 264 near Moenkopi Village approximately two years ago. The Highway Enhancements for Safety (HES) Section conducted its first Road Safety Audit at the intersection of SR 86 and Indian Reservation Route (IRR) 15. The audit team consisted of members from ADOT, FHWA and Bureau of Indian Affairs (BIA). Low-cost improvements from the RSA findings will be implemented by ADOT and BIA. Improvements requiring construction will be scoped with another ADOT project. The roadway review was considered a great success and has improved communication between ADOT, Tohono O’odham Nation and BIA. The Right-of-Way Group joined other ADOT representatives and members of the Navajo Nation in Window Rock for a meeting to discuss rental rates and lease renewals for the Ganado, Kayenta, Teec Nos Pos, and Many Farms maintenance camps. The Flagstaff District attended the Navajo Nation Transportation Conference in Albuquerque. The Flagstaff District participated in a meeting in Flagstaff with the Navajo Nation Department of Transportation regarding animals in ROW. The Tucson District met with the Gila River Indian Community to discuss new development along SR 347 and I-10 that would occur under lease agreements with the Community, identification of traffic impacts within the Tucson and Phoenix Districts was requested. The US 70 Bylas Gila River Bridge Design Concept Report (DCR) Scoping Meeting was held with the San Carlos Apache Tribe, BIA, the Consultant Team, ADOT Safford District and ADOT Bridge Group project team members. The Bridge Group encouraged the team to complete the DCR as soon as possible as this bridge has a sub-50 rating and the replacement project has a high priority. The US 70 Bylas Gila River Bridge DCR First Public Meeting was conducted in Bylas. San Carlos Apache Tribe Council Member Jonathon Kitcheyan welcomed the 40-plus tribal members who attended. There was no vocal opposition to the project, only the increasing volume of traffic (especially tractor-trailers) on US 70 through Bylas. The Flagstaff District participated in a Hopi Tribe Partnering Planning Meeting for the First Annual Hopi Tribe/ADOT/BIA/FHWA/County Partnership Meeting to be held in September. The Environmental and Enhancement Group and HDR Consulting convened a Brown Bag Lunch Presentation titled: “Traditional Cultural Properties and the ADOT Environmental Process”. The Kingman District attended a meeting with the Fort Mojave Tribe regarding the SR 95 Realignment Project. 19 • • October 2007 • • • • November 2007 • • The Tucson District presented plans for intersection improvements to Old Maricopa Road and SR 347 at a joint meeting with the ADOT Phoenix Maintenance District and the Gila River Indian Community. The Environmental and Enhancement Group and BIA Western Regional Office convened a Brown Bag Lunch Presentation titled: “Environmental Compliance as it Relates to the BIA and Tribal Affairs”. The Holbrook District and the ADOT Development Traffic Engineering Section (TES) met with the Hopi Tribe Transportation Task Team to discuss issues related to school zones, turning lanes, potential major projects and ADOT’s role and statutory limits. The Flagstaff District Engineer conducted a presentation at the State of Minnesota’s 2007 Tribes and Transportation Conference “Opportunities to Partner - Tackling Today's Issues Together”. The District Engineer presented on ADOT’s Tribal Partnering Efforts in Arizona. The Tucson District and CCP presented the SR 87 Highway Enhancements for Safety (HES) findings for intersection safety improvements to the Gila River Indian Community. The Roadway PreDesign Section - SR 264 Feasibility Study Project Team and the Holbrook District held an Agency Scoping Meeting and Public Meeting on the Navajo Nation. The Project Team presented the alternatives for SR 264 improvement and received feedback and input from those in attendance. The Roadway PreDesign Section - SR 264 Feasibility Study Project Team presented improvement alternatives to the Navajo Nation Transportation and Community Development Committee (TCDC) at a meeting in Window Rock. The report, which was prepared and presented by the Team, was accepted unanimously by the TCDC. The Team also received important feedback from the TCDC. The City of Tucson, Pascua Yaqui Tribe, Tohono O'odham Nation, and the ADOT Tucson District celebrated the recently completed Julian Wash Cultural Walk. The Julian Wash Cultural Walk Transportation Enhancement Project awarded for $1 million by the State Transportation Board in 2001 proposed to preserve an important archaeological site. The site is the location of one of several large prehistoric villages in the Tucson Basin, and in the early 20th century, was the location for St. Josephs Children's Home. In order to preserve the significant cultural resources, a layer of soil was spread over the site and a park was built containing: a multi-use path, ramadas, benches, an interpretive path with educational signs and landscaping. ADOT MOTOR VEHICLE DIVISION March 2007 • May 2007 • June 2007 • October 2007 • November 2007 • • The San Carlos Apache Tribe license plate became available through ADOT-MVD offices, the MVD internet ServiceArizona website, and regular mail. MVD met with representatives from the White Mountain Apache Tribe to discuss artwork concepts for the Tribe’s special license plate. The White Mountain Apache Tribe special license plate designs had been sent out for creation of prototypes, which will be presented to the Tribe and MVD Director for approval. The White Mountain Apache Tribe signed off on the special license plate design, and it was forwarded to the MVD Director for final approval. The MVD approved White Mountain Apache Tribe special license plate is in production. The White Mountain Apache Tribe special license plate became available through ADOT-MVD offices, the MVD internet ServiceArizona website, and regular mail. 20 ADOT POLICY AND GOVERNMENTAL AFFAIRS December 2006 • • November 2007 • • • The Policy and Governmental Affairs (PGA) Office is working with the Navajo Nation and the Bureau of Indian Affairs - Navajo Regional Office (BIA-NRO) to finalize an Intergovernmental Agreement (IGA) to address funds transfer for the Navajo Nation High Priority Projects as included in the federal transportation reauthorization Safe Accountable Flexible Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). A draft IGA was forwarded to the BIA-NRO for signature. Upon receipt of both BIA and ADOT signature the IGA will be forwarded to the State Attorney General’s Office for approval and filing by the Secretary of State. The PGA Office is working with the Hopi Tribe Transportation Task Team and the Bureau of Indian Affairs - Western Regional Office (BIA-WRO) to finalize an Intergovernmental Agreement (IGA) to address funds transfer for a Hopi Tribe High Priority Project as included in the federal transportation reauthorization SAFETEA-LU. The draft IGA was forwarded to the Hopi Tribe for review and comment and further progress is pending feedback from the Hopi Transportation Task Team on a strategy for a potential Public Law 638 process to implement the project. The Arizona State Attorney General’s Office - Transportation Section issued an Intergovernmental Agreement Determination allowing the SAFETEA-LU Navajo Nation High Priority Projects Intergovernmental Agreement (IGA) to proceed. The SAFETEA-LU Navajo Nation High Priority Project IGA is signed and filed by the Arizona Secretary of State. The PGA Office has sent the SAFETEA-LU Navajo Nation High Priority Projects IGA to the BIA Navajo Regional Office to begin implementation of the funds transfer process. ADOT PUBLIC TRANSPORTATION DIVISION January 2007 • • February 2007 • • May 2007 • June 2007 • Governor Napolitano issued Executive Order 2007-02 Expanding Arizona’s Transportation Options which directs ADOT to provide a detailed list of options for mass transit, commuter rail and/or light rail to serve and connect as efficiently as possible those Arizona communities for which such options would be cost-effective. The Executive Order stems from the explosive growth that Arizona is experiencing and how that growth is burdening existing transportation infrastructure and taxing the time of Arizona motorists. The ADOT Public Transportation Division (PTD) has initiated the process of identifying transit needs within the state by working through the Metropolitan Planning Organizations (MPOs) and Councils of Government (COGs). Tribal input will be sought through MPO and GOG outreach efforts as well as through a public input process. PTD met with Navajo Nation Transit System (NTS) staff to discuss status of its Fiscal Year 2007 IGA contract. PTD Director met with Representatives Tom and Hale to discuss the Executive Order 2007-02 and the state’s transit needs. PTD Director and staff participated in an Arizona Transit Association meeting at which the Inter Tribal Council Arizona discussed Tribal transit needs in the context of new SAFETEA-LU provisions. PTD in partnership with the Inter Tribal Council of Arizona conducted an “Arizona Tribal Forum on Public Transportation” at the Heard Museum in Phoenix. The purpose of the Forum was to discuss the Executive Order 2007-02 and the importance of tribal transit options. Representatives from the Navajo Transit System, Hopi Senom Transit, and Salt River Pima-Maricopa Indian Community transit systems also provided presentations on their services. Approximately 30 persons were in attendance, they represented ADOT and 10 Tribes in Arizona; those Tribes included the Colorado River Indian Tribes, Fort Mojave Tribe, Hopi Tribe, Hualapai Tribe, Navajo Nation, Pascua Yaqui Tribe, Salt River Pima Maricopa Indian Community, San Carlos Apache Tribe, Tohono O’odham Nation, and White Mountain Apache Tribe. PTD and CCP met with Gila River Indian Community to discuss ADOT's transit programs and the tribe’s interest in obtaining technical assistance under the Section 5304 Planning Program. 21 July 2007 • August 2007 • October 2007 • • • PTD met with the White Mountain Apache Tribe to provide assistance for start-up of a tribal transit system. This effort is a phased process with the Tribe receiving transit planning assistance from the FTA Tribal Transit Program and ADOT Section 5311 Program. The Tribe worked to submit an FTA application for year two of planning funds by August 2nd and expects to submit an application for PTD 5311 Program capital and operating funds in the near future. PTD met with the Gila River Indian Community to draft an FTA Section 5304 Rural Transit Planning grant application and scope of work. The Community is interested in defining transit needs within their region and upon completion of the planning process; a transit implementation plan would be included. The Community is interested in potential application for FTA Section 5311 Rural Public Transportation operation and capital support. PTD in partnership with the Inter Tribal Council of Arizona conducted a second forum titled “Arizona Tribal Transit Forum” to discuss Tribal needs and ADOT administered federal program requirements and application procedures (in advance of ADOT grant cycle). This forum is a follow up to the Tribal forum conducted in May 2007. Approximately 30 persons were in attendance, representing ADOT, ITCA and 10 Tribes in Arizona including: the Colorado River Indian Tribes, Fort McDowell, Fort Mojave Tribe, Gila River Indian Community, Hopi Tribe, Navajo Nation, Salt River Pima Maricopa Indian Community, San Carlos Apache Tribe, Tohono O’odham Nation, and White Mountain Apache Tribe. PTD and CCP met with the Gila River Indian Community to discuss a transit planning process and timeline. The Gila River Indian Community was awarded funding from PTD for a transit feasibility study and implementation plan process. PTD initiated the Arizona Statewide Rural Transit Needs Study. The purpose of the study is to understand the gaps in transit service in rural and non-urbanized areas across the state and to identify solutions and costs associated with improvements. In early 2007, the ADOT study team began hosting key stakeholder workshops within the study areas to obtain input from transit providers and representatives from large user groups, such as tribal governments, major employers and social service agencies. Input has been received from representatives of the Cocopah Tribe, Navajo Nation, Hopi Tribe, San Carlos Apache Tribe and White Mountain Apache Tribe. The stakeholder input will be considered in the development of potential solutions and final study recommendations. ADOT is also obtaining input from the public through a study survey. The study team will publish all findings and recommendations in a final study report. ADOT TRANSPORTATION PLANNING DIVISION September 2006 • • • • October 2006 • • The ADOT Statewide Access Management Program Team provided a presentation to the Inter Tribal Council of Arizona - Transportation Working Group. The Transportation Planning Division (TPD) provided a presentation titled “Tribal Communication and Coordination with ADOT Activities” at an ADOT Natural Resources Management Section Training Workshop in Show Low. TPD participated in an Inter Tribal Council of Arizona - Transportation Working Group Meeting to discuss the ADOT Access Management Statewide Program and other ADOT Tribal Coordination activities. TPD established a Technical Advisory Committee (TAC) for the new Arizona Safe Routes to School Program. ADOT coordinated efforts with the tribal liaison for the Arizona Department of Education to identify potential tribal TAC Member candidates. As a result, the Committee has representation from the Navajo Nation and Tohono O’odham Nation. Also, the Inter Tribal Council of Arizona was identified as a program point of contact. TPD provided a draft Intergovernmental Agreement (IGA) to the Navajo Nation DOT for review and comment regarding the Tribe’s its interest to apply for a project under the ADOT Small Area Transportation Study (SATS) Program. TPD attended a meeting between ADOT leadership and officials from the Hopi Tribe to address tribal concerns on right of way matters pertaining to the SR 264 and US 160 intersection and impacts to the Upper Moenkopi Village Tuuvi Travel Center project. Other topics included tribal concerns with recent flooding along SR 87 and SR 264 and a discussion on a potential Hopi 22 • November 2006 • • • • December 2006 • • • • • • • • January 2007 • • Tribe/ADOT/BIA/FHWA Partnership effort. ADOT invited the Tribe to provide notification of its interest to proceed with a partnering effort. TPD met with the Inter Tribal Council of Arizona to discuss tribal-related issues pertaining to government-to-government consultation on tribal transportation issues, roll out of new ADOT programs and projects. Several recommendations included consideration of ITCA’s concept of forming a Tribal Transportation Planning Consortium; a review of the COG/MPO transportation planning work plan outline; development of a white paper on tribal capacity, structure, and transportation liaisons; development of a formal ADOT consultation process; and increased communication by ADOT to tribes on transit programs. The TPD Director sent out correspondence to all tribal leaders and transportation contacts in Arizona notifying them of ADOT’s effort to conduct the Statewide Access Management Program. ADOT invited each tribe to participate in the Program by becoming a partner in its development. Meetings with the elected Tribal officials and transportation personnel were offered as a means to begin dialogue to determine how ADOT and the Tribes could work together to develop an approach to access management for state highways within tribal lands. The TPD Director sent out Safe Routes to School (SRTS) Program correspondence to the tribal leaders and tribal education directors, principals, and superintendents for all 22 tribes in Arizona. The letter encouraged tribes to apply for SRTS project funding under the call for Cycle One applications. The TPD Arizona Transportation Research Center (ATRC) and the Inter Tribal Council of Arizona (ITCA) are implementing a research project titled “Building Tribal Traffic Safety Capacity”. The Project involves development of methods to assist the Gila River Indian Community, Hualapai Tribe, and Tohono O’odham Nation to build their capacity to undertake highway safety issues and improvements. TPD and ITCA convened a project TAC meeting in Phoenix. TPD attended the 9th Annual National Tribal Transportation Conference in Cabazon, California and provided a presentation on the Arizona Tribal Strategic Partnering Team and its receipt of a 2006 FHWA/FTA Transportation Planning Excellence Award. TPD provided an overview during the conference general session on the ATSPT purpose, mission and goals, accomplishments, and future role regarding state, tribal and federal transportation relationships in Arizona. TPD participated in a White Mountain Apache Tribe - Transportation Committee Workshop in Las Vegas, Nevada. The purpose of the workshop was to establish the Tribe's transportation related overall structure, policy, guidelines and objectives. ADOT provided a presentation on its planning programs and tribal coordination efforts. TPD participated in an Arizona Tribal Traffic Safety Coalition Meeting in Phoenix. The purpose of the meeting was to focus on moving tribal traffic safety issues forward. TPD met with Cascade Design Professionals, Inc. a consulting firm contracted by the Gila River Indian Community (GRIC) DOT to complete its BIA-IRR Program road inventory. Cascade presented the GRIC request for ADOT to authorize inclusion of state route inventory data in with the Tribe’s BIA-IRR Program Road Inventory. TPD conducted follow-up to the Arizona Access Management Program tribal leader correspondence. Tribal leaders or their representatives were again invited to schedule a meeting with the ADOT Program Manager to initiate formal consultation on the Program. TPD met with the Cocopah Tribe on the Arizona Access Management Program. TPD met with the Yavapai-Prescott Tribe on the Arizona Access Management Program. TPD participated in the Navajo Nation/ADOT/BIA/FHWA/Coconino County/Navajo County/Apache County Transportation Partnership Steering Committee Meeting in Flagstaff. The Navajo Nation/ADOT/BIA/FHWA Partnership was awarded a 2006 Arizona Transportation Partnering Excellence Award in Phoenix. TPD met with the Navajo Nation DOT and Navajo Nation Division of Community Development to follow-up on establishment of working group as referenced in recently approved NDOT/ADOT MOU on Government to Government Relations. TPD met with the Navajo Nation DOT to discuss the immediate next steps to initiate a project under the ADOT Small Area Transportation Study (SATS) Program. Discussion covered completion of the project scope of work elements and the agreement on the IGA language. 23 • • • • • • • February 2007 • • • • • March 2007 • • April 2007 • • July 2007 • TPD attended the Indian Nations and Tribes Legislative Day activities in Phoenix. TPD met with the Pascua Yaqui Tribe on the Arizona Access Management Program. TPD met wit the Fort McDowell Yavapai Nation on the Arizona Access Management Program. TPD met with the Hualapai Tribe on the Arizona Access Management Program. TPD met with the Navajo Nation on the Arizona Access Management Program. TPD met with the Pueblo of Zuni on the Arizona Access Management Program. TPD received a tribal resolution and signed intergovernmental agreement documents from the Pascua Yaqui Tribe for its Small Area Transportation Study Project. The State Attorney General’s Office issued an Intergovernmental Agreement Determination for the JPA and it was filed by the Secretary of State then forwarded to the Tribe with notice to proceed. TPD, the ADOT Local Government Section, and the Maricopa Association of Governments (MAG) met with the Fort McDowell Yavapai Nation to discuss the process for completion of a JPA that would enable Fort McDowell Yavapai Nation to access MAG approved project funding for a PM10 tribal road pavement project. It was agreed that an intergovernmental agreement could be developed to enable the Tribe to access the project funding through the ADOT Local Government Section. Further progress was pending the Tribe’s identification of road priorities, estimated project cost, and written request to the ADOT Local Government Section to include the project in its implementation database. TPD attended a meeting with the Arizona Commission of Indian Affairs and State Agency Tribal Liaisons to discuss a request received from San Juan Southern Paiute Tribe to learn of state services available to Tribe. This tribe is the latest to become federally recognized and in need of basic improvement to its community facilities and services provided to tribal members. Attended Governor’s Tribal Summit on Education and Growth in Phoenix. Tribal papers with transportation issues identified were submitted by Ak-Chin Indian Community, Fort McDowell Yavapai Nation, Gila River Indian Community, and Pascua Yaqui Tribe. TPD responded to a request from the California DOT Native American Liaison Branch for information on the process of tribal participation in Arizona’s Metropolitan Planning Organizations (MPOs). The Governor of California was considering legislation authorizing tribes in that State to participate on the MPO Boards. ADOT’s response identified the Arizona tribes that currently participate on the Maricopa Association of Governments, Pima Association of Governments and Yuma Metropolitan Planning Organization, and included background on the establishment and formal designation of the MPOs. TPD provided information on the Arizona Statewide Access Management Program to the KaibabPaiute Tribe. TPD attended the Governor’s Tribal Summit on Education and Growth in Phoenix. TPD participated in a meeting between the Cocopah Indian Tribe, State of Arizona Tribal Liaisons, and Arizona Department of Commerce to discuss various state resources and programs available to the Tribe. Tribe has indicated that they will pursue development of a comprehensive plan taking into consideration the growth in the region and needs of the Tribe. TPD met with the Pascua Yaqui Tribe to review it SATS project consultant proposal evaluations, consultant contract, tentative timeline, and scheduling of the first technical advisory committee meeting. TPD sent out correspondence to all tribal leaders and transportation contacts in Arizona notifying them of ADOT’s effort to conduct a Pedestrian Needs Assessment - Data Request Process. ADOT invited each tribe to participate in the process by providing information that identifies roadway segments and locations along state highways that pass through tribal jurisdiction and currently exhibit a high rate of pedestrian use, or have a potential for high pedestrian use if pedestrian facilities were provided. The TPD Arizona Transportation Research Center (ATRC) sent out notice to all law enforcement agencies, including formal correspondence to the Tribal Police Departments in Arizona, to complete a survey relating to agency data systems and the electronic collection and transfer of data. This effort was initiated to determine the types of reporting systems law enforcement agencies use to record and transfer accident/crash reports in Arizona. The Governor's Traffic Safety Advisory 24 August 2007 • • September 2007 • • • • October 2007 • • • November 2007 • • • • Council and its Traffic Records Coordinating Committee have made the request for this information so that it may be used to update the statewide data systems. TPD conducted communication with the San Carlos Apache Tribe to arrange a meeting to discuss the Tribe’s interest in initiation a project under the ADOT Small Area Transportation Study Program. ADOT provided a letter of road maintenance certification to the Gila River Indian Community Department of Transportation to address the Community’s request to include state route mileage and data into its BIA Indian Reservation Road Program (IRR) Road Inventory. In turn GRIC-DOT will submit the documentation to the BIA Western Regional Office in compliance with its IRR Program requirements. The data sharing process of this effort is pending completion of submittal of the Community’s specific data needs. TPD responded to a request from the BIA Western Regional Office for data on various sections of SR 95 that cross the Colorado River Indian Tribe (CRIT) Reservation. Data provided included SR 95 right-of-way widths, construction dates, and plans and profile sheets of the SR 95 Parker to Lakeside Project. TPD participated in the Arizona Tribal Strategic Partnering Team Quarterly Meeting in Phoenix. TPD participated in the Hopi Tribe/ADOT/BIA/FHWA/County Partnership First Annual Meeting in Flagstaff. The meeting purpose was to promote understanding, commitment, ownership, and identify strategies to initiate the partnership process. At the meeting a partnership charter was established and signed by all in attendance, goals and strategies were agreed upon, and a Steering Committee was established to support the ongoing partnership process. TPD participated in the Navajo Nation/ADOT/BIA/FHWA/County Partnership Steering Committee Quarterly Meeting in Flagstaff. TPD attended a Hopi Tribe Transportation Task Team meeting in Kykotsmovi to report on the Hopi Tribe Transportation Partnership Meeting held in September; the Arizona Tribal Transit Forum; and also inquire of the Tribe’s interest in entering into an ADOT/Hopi Tribe MOU on Access Management. The Tribe indicated interest in the MOU and a follow-up meeting was planned to discuss next steps for the MOU development. TPD participated in the Arizona Tribal Transit Forum which was convened in Phoenix through partnership with the ADOT-Public Transportation Division and Inter Tribal Council of Arizona. Presented information on follow-up efforts pertaining to the Governor’s Tribal Summit on Transportation and the Summit themes of Transit Planning and Funding, and State-Tribal Consultation and Coordination. The TPD Arizona Transportation Research Center (ARTC) has initiated implementation of an Aggregate Sources for Northern Arizona Research Project. ATRC sent out project notification correspondence to the Tribes and related BIA Regional Offices with jurisdiction in Mohave, Yavapai, Coconino, Apache, and Navajo counties. The purpose of the correspondence was to solicit participation in the project. The project objectives are to evaluate existing aggregate sources and identify new aggregate sources for highway construction and maintenance activities in the target counties. TPD attended the 10th Annual National Tribal Transportation Conference in Golden, Colorado. This conference covered various workshops on tribal, state, county and national transportation program and issues. TPD has initiated implementation of development for a Statewide Pedestrian Safety Action Plan. This effort is underway and will include tribal consultation and coordination through the planning process. One of the key elements of this project will utilize the assistance from the Inter Tribal Council of Arizona to promote and coordinate with the tribal governments in Arizona. The Arizona Traffic Records Coordinating Committee (TRCC) approved the adoption of the Traffic and Criminal Software (TraCS) program as the ADOT supported software for crash data collection in the state. TPD has initiated implementation of consulting with the tribal police departments in Arizona to provide them the opportunity to participate in the development of the crash data collection module of AZ TraCS by designating a representative to sit on the AZ TraCS Design Team. Formal correspondence to the tribes is expected to go out in December. The ADOT Safe Routes To School (SRTS) Program, awarded planning and technical assistance to the Yavapai-Apache Nation. ADOT created the Planning Assistance Program as part of its state 25 SRTS Program. The goal of the Planning Assistance Program is to provide in-need schools and communities with support to enable them to initiate their own SRTS efforts. ADOT TRANSPORTATION SERVICES GROUP On-going 2006-2007 • • The Transportation Services Group - Civil Rights Office offers Pre-Apprenticeship Highway Construction Courses on an on-going basis. The ADOT Pre-Apprenticeship Highway Construction Course is a six-week pre-employment training class designed to provide highway construction employers with qualified female and minority applicants, and non-minority males; assist applicants in meeting or exceeding employer requirements by providing skills enhancement and career exploration activities; and, lead to jobs/careers in the skilled trades. Under this program communication with tribal governments is conducted throughout Arizona on an on-going basis. The Transportation Services Group - Civil Rights Office offers a Disadvantaged Business Enterprise Supportive Services Program which is designed to assist small minority and woman-owned businesses to become self-sufficient in their industry. The first priority of the program is to recruit qualified businesses to be certified as DBE’s. Under this program communication with tribal governments is conducted throughout Arizona on an on-going basis. This year the ADOT Disadvantaged Business Enterprise (DBE) office provided a presentation to the American Indian Chamber of Commerce on the Salt River Indian Community Reservation. The presentation titled “Doing Business with the Arizona Department of Transportation” covered all aspects of the ADOTDBE Supportive Services Program. The overall goal for ADOT’s Tribal Consultation efforts is to achieve an improved and continuous working relationship amongst our transportation stakeholders in order to fulfill our overall statewide mission of operating and maintaining a safe and efficient transportation system for the traveling public. 26