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The FHWA has a government-to-government relationship with Indian Tribal Governments [1]. This special relationship is affirmed in treaties, Supreme Court decisions, and executive orders. These require that the FHWA and other Federal agencies consult with Tribes regarding policy and regulatory matters. Additionally, 23 CFR 134 and 23 CFR 135 establishes consultation requirements with tribes through the Statewide and Metropolitan planning and programming processes.
Statewide Transportation Planning: 23 USC 135 requires States to:
- Consider the needs of Indian tribal governments when carrying out planning
- Consult with tribal governments in long range planning
- Consult with Indian tribal governments in development of the Statewide Transportation Improvement Program.
Metropolitan Transportation Planning: 23 CFR 450.312(i) requires of the metropolitan transportation planning process:
"Where a metropolitan planning area includes Federal public lands and/or Indian Tribal lands, the affected Federal agencies and Indian Tribal governments shall be involved appropriately in the development of transportation plans and programs."
Consultation in the Transportation Planning Process
In addition to the statutory and regulatory requirements for consultation within the Statewide and metropolitan planning process, other forms and contexts for "consultation" exist within Statewide transportation planning (i.e., State consultation with non-metropolitan local officials), as well as for meeting other requirements associated with Title 23 (e.g., public involvement and Section 106 of the National Historic Preservation Act). Click here for a table that compares and contrasts these various requirements."
Additionally, the Council on Environmental Quality recently established the Interagency Tribal NEPA Capacity Work Group, which seeks to enhance the knowledge, understanding, and skills of Federal agencies, American Indian Tribes, Alaska Native entities, and Native Hawaiian organizations to enable them to work more effectively together throughout the NEPA process.
Related Topics
Training and Education
Technical Resources
Peer Programs
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 Related Topics
Legislation, Regulations, and Guidance
Detailed information on the federal laws, regulations, and guidance pertaining to transportation planning may be found at the FHWA Office of Planning, Environment, and Realty site for Legislation, Regulations, and Guidance and at the FTA Office of Planning site for Planning Statutes and Regulations.
Local Officials Consultation
Non-Metropolitan Local Officials Consultation — TEA-21 legislation provides for States to consult with and consider the concerns of non-metropolitan officials, when making transportation decisions in their Statewide Transportation Planning and Programming duties. The final rule on local official consultation was published in the Federal Register on January 23, 2003 with a correction to the final rule published on February 14, 2003. The Final Rule clarifies the role of non-metropolitan local officials in the statewide transportation planning process. The final rule requires States to document their consultation process with non-metropolitan local officials that provides for their participation in statewide transportation planning and programming and that is separate and discrete from the public involvement process. The States are required to review and solicit comments regarding this process in order to ensure that the process is continually effective. All required States have documented and implemented their processes.
Understanding the Communications and Information Needs of Elected Officials for Transportation Planning and Operations (Word) — The objective of this document is to enhance FHWA's communications capabilities and approaches with local elected officials (as well as senior appointed officials), with an emphasis on the linkages between transportation planning and transportation systems management and operations.
Native American Consultation
Native American Coordination — The FHWA Native American Coordination staff provides guidance and technical assistance to federally recognized tribes on a government-to-government basis. The team strives to consult with Indian tribes before taking any actions that may significantly or uniquely affect them and fosters improved communication with tribal governments to respond effectively to tribal transportation concerns. The FHWA is committed to building more effective day-to-day working relationships with Indian tribal governments. We endeavor to address issues and concerns affecting American Indian Tribal Governments with the utmost respect for tribal sovereignty and is committed to furthering the agency's efforts to work more closely with tribal governments.
Briefing Notebook for Transportation Decisionmakers, Officials, and Staff
The Transportation Planning Process: Key Issues
A Briefing Notebook for Transportation Decisionmakers, Officials, and Staff (PDF)
The Briefing Notebook is a primer for transportation decisionmakers and stakeholders. It provides government officials, planning board members, transportation service providers, and the public at large with an overview of transportation planning in metropolitan settings. Along with a basic understanding of the key concepts, the notebook provides references for additional information. Part I discusses transportation planning and its relationship to decisionmaking. Part II presents short discussions of the following policy and planning topics:
- Air Quality
- Asset Management
- Financial Planning and Programming
- Freight Movement
- Land Use and Transportation
- Models and Their Use
- Performance Measures
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- Project Development and the NEPA Process
- Public Involvement
- Safety
- System Management and Operations
- Title V1/Environmental Justice
- Transportation Demand Management
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Training and Education
Formal training courses provide a rigorous background in the substance and methods of the planning process. The TPCB Program includes formal training in a broad range of transportation planning subjects. These sessions are geared to the needs of decisionmakers, transportation officials, professional staff, and FHWA and FTA field staff. New courses are being developed based on feedback from transportation professionals.
Transportation planning training courses are offered by the National Highway Institute (NHI) , the National Transit Institute (NTI), The Federal Highway Administration (FHWA), Federal Transit Administration (FTA), the Travel Model Improvement Program (TMIP) , and other organizations offering NHI, NTI, and FHWA recognized courses.
A number of planning courses are available from the FHWA, FTA, and other resources that relate directly and indirectly to Metropolitan planning issues. For more information go to the TPCB Training and Education page.
Additionally, the Local Technical Assistance Program (LTAP)/ Tribal Technical Assistance Program (TTAP) is composed of a national network of centers — one in every state, Puerto Rico and regional centers serving tribal governments. The LTAP centers enable local counties, parishes, townships, cities and towns to improve their roads and bridges by supplying them with:
- a variety of training programs
- an information clearinghouse
- new and existing technology updates
- personalized technical assistance
- newsletters
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Technical Resources
Publications
Case Studies
- Case Studies of State, MPO, and Tribal Coordination in Transportation Planning. A series of case studies focusing on innovative consultation practices between tribes, States, and metropolitan planning organizations within the transportation planning process are currently available. They includes six case studies that highlight a range of practices implemented by tribal and non-tribal governments to advance tribal consultation in statewide and metropolitan transportation planning. The case studies describe current practices, the outcomes of these approaches, and lessons learned. For copies of the case studies, please contact Ken Petty, FHWA Office of Planning at (202) 366-6654 or kenneth.petty@dot.gov.
Links
Below are links related to tribal transportation planning:
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Peer Programs
The Transportation Planning Capacity Building Peer Program is one of the most important pieces of the overall Transportation Planning Capacity Building vision. By providing opportunities for sharing solution-based experiences throughout the professional planning community, the Peer Exchange Program seeks to recognize, support, and promote good metropolitan, statewide, rural, and tribal transportation planning practices nationwide. Sharing ideas, noteworthy and solution-based experiences between Metropolitan Planning Organizations (MPOs), regional planning organizations, transit operators, state departments of transportation (SDOTs), and tribal governments not only strengthens transportation planning practices, but also builds relationships and reinforces cooperation between these agencies. The people who depend on the transportation system ultimately benefit from this peer exchange in the form of a more efficient multi-modal system that provides mobility and access for passengers and freight.
- Experience of Tribal Data Managers and Tribal Planners, Cabazon, CA (November 15, 2006)
- Long-Range Transportation Plans: The Experiences of Tribal Planners, Scottsdale, AZ (November 2, 2005)
- National Tribal Roads Conference Peer Workshop for Tribal Transit Service Development, Albuquerque, NM (March 2, 2004)
- State DOT Tribal Liaison Roundtable and Panel Discussion, Spokane, WA (June 7-8, 2005)
For more information go to the Peer Programs page.
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[1]The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)) defines the term "Indian tribe" as any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) (43 U.S.C. 1601 et. seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
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U.S. Department of Transportation
Communities
Tribal Planning