Transport planning consultation is culturally important

Andrew Bardin Williams explores the efforts under way in North Dakota to consult with native tribes during the early stages of transportation project development. These efforts have led to the signing of a Programmatic Agreement between the state DOT and local tribes and the creation of a tribal consultation committee that allows Native Americans to advise on the identification, evaluation and treatment of historic properties, including those of religious and cultural significance

Economists, politicians and sociologists alike are fond of saying that the world is shrinking. Technology, new economic models and transportation are bringing together groups of people that historically would not have had much contact. Tribes in the Amazon River Basin are being connected to Brazil's metropolitan areas via new roads and highways; rural Central Asia is one of the fastest-developing regions in the world and Chinese farmers are seeing their societies transforming from the pre-industrial to the digital age in the space of a single generation; Middle Eastern merchants can now sell their goods through the Internet to consumers in Barcelona; and African villagers can use buses, automobiles and even bush planes for journeys their parents and grandparents had to undertake on foot.

As the world continues to shrink, the question remains: how can transportation officials around the world continue to bring 21st century progress to under-developed areas while working with indigenous people to preserve their culture and customs? Worldwide, there is a treasure trove of archeological artifacts that needs to be protected for historical, cultural and religious reasons but transportation officials rarely have a clear understanding of how they can work with indigenous people to preserve their cultures and ways of life.

You'd think that the developed world would have it all figured out by now. However, in the US, one of the most highly developed countries in the world, transportation officials continue to find themselves caught between progress and the preservation of indigenous Native American peoples. A tightrope must be walked whenever projects are planned on tribal land or other culturally and religiously sensitive areas. And unfortunately Native Americans haven't always had the best experiences of working with the US Government... "There's a lot of history that we as government officials need to be aware of," says Jeani Borchert, an archaeologist and cultural consultant with the 2068 North Dakota Department of Transportation (DOT). "There's a lot of 'You've screwed us before, look what you've put us through' but we're starting to move beyond the anger and develop relationships that take us forward." Progress is in fact being made. Since the early 1990s, North Dakota DOT and the 831 Federal Highway Administration (FHWA) have worked with local tribes to facilitate communication and mutual understanding during the early stages of transportation project development. Transportation officials in other states and countries are starting to take notice and are modelling their rights of way programmes on the North Dakota example. Through communication, understanding and respect, DOT officials are ensuring projects are completed on time and within budget while respecting cultural sensitivities and sovereignty.

Mutual respect

Representatives from the North Dakota DOT and FHWA meet with Native American leaders from 13 tribes twice a year to discuss upcoming projects and address the concerns of the tribes. The goal is to provide a forum for Native Americans to offer consultation on transportation projects, identify future transportation needs and educate each other on their unique perspectives.

"It's really all about respect," Borchert says. "And making sure people are included and on board early in the process." A Programmatic Agreement was signed in 2006 by the Standing Rock Sioux Tribe, Sisseton-Wahpeton Oyate and Lower Sioux Indian Community and the state DOT and FHWA. More than a dozen other North Dakotan tribes are also consulted during the Tribal Consultation Committee meetings, depending on the specific projects that are being discussed.

The agreement resulted from a rewriting of the National Preservation Act in 1992, which required that tribes be consulted in consideration of federal projects. When the new regulations were published in the public register, officials within North Dakota DOT decided that instead of simply sending a letter to tribal elders (like other states had been doing), they would be proactive and make sure tribes were intimately involved in the planning process from the beginning, giving them and the DOT plenty of time to iron out needs and work around any roadblocks due to cultural sensitivities.

"When I look at this [Programmatic Agreement], it's what I envisioned 26 years ago when I got my first degree in archaeology," says Ben Rhodd, a Native American archaeologist who works with the Tribal Consultation Committee. "I dreamed of the day when we would see a state or some institution or entity actually begin to invite us to be a part of our cultural history. This Programmatic Agreement] is ensuring that there will be a cooperative working relationship between the tribes and the state of North Dakota with federal involvement."

Building consensus early

Working directly with Native Americans on the Tribal Consultation Committee puts DOT officials in touch with the people who have the authority to offer counsel and make decisions for the community. Many DOT officials recall driving into a reservation before the Programmatic Agreement not knowing where exactly they were going or whom they needed to talk to. Indeed, whom should they talk to? The tribal elders? The business leaders? The medicine men? Now, the first step is getting the right people involved right from the beginning of the process and engaging the community in important decision-making. Borchert adds that collecting information and learning about what is important to Native American culture is a big part of her role on the committee.

The bi-annual meetings also enable the 13 Native American tribes in North Dakota to come to a consensus on culturally sensitive issues. These issues can be addressed early in the process so that project timelines can be met. Protests at the beginning of the process are much easier to deal with than those which occur when bulldozers are on the move. The committee also allows the tribes to pool their knowledge and resources. There may be, for example, a member of the Standing Rock Sioux Tribe who is a lawyer and specialises in environmental law and a member of the Sisseton-Wahpeton Oyate Tribe who is a foreman on highway construction projects. Together, they can educate other Native Americans and make sure their concerns are being addressed.

As the committee continues to work through issues, the DOT and FHWA are building precedents and a set of best practices that they will be able to draw upon during future projects. This will help keep transportation officials from making the same mistakes over and over and streamline much of the planning and consultation process. This can only help the DOT complete projects on time and on budget.

Tips for transportation officials to working with indigenous people

1. Have respect for all parties involved
2. Keep lines of communication open
3. Develop face-to-face and on-the-ground contact
4. Have an open mind and make an effort to learn
5. Put everything into perspective
6. Respect cultural differencesBorchert remembers a project that would have displaced ceremonial stone features that were created thousands of years ago when the glaciers retreated after the last Ice Age. The formations are spiritual to many native tribes in North Dakota who believe that if they are destroyed they would be losing a part of their identity. Recognising that the features were culturally significant, the DOT worked with local leaders to find a way to move the stones to another location. In the end, the medicine men agreed that the stones could be moved but only if a special ceremony were performed. The DOT built additional time into the project timeline to make sure the ceremonies could be performed before the stone features were moved.

Borchert is certain that if the tribes were not consulted on the matter, there likely would have been a costly and time-consuming injunction placed on the project until a plan to move the features could be worked out. By being proactive and sensitive to the situation, the DOT avoided conflict and worked out a mutually beneficial agreement.

The tribes are realising additional benefits from the relationship as well. In addition to having the opportunity to help preserve their history and culture, Native Americans are starting to share information between tribes and rebuild some of the connections that have been lost over the past 100 years. It's often that new revelations are made into their own tribal culture as traditions are discussed as a group. Native Americans are also finding jobs as consultants and construction workers as a result of being a part of the process, and they are generating a greater sense of being part of the larger North Dakota community.

"The Programmatic Agreement allows us to work with tribes to consider the effects of culturally important resources on project planning," says Francis Ziegler, director of North Dakota DOT. "It allows us to consider the tribal perspective in an early stage in project development and to come to mutually satisfying conclusions."

Other US states have similar agreements and committees but none are as developed and integrated between the DOT and native peoples as the North Dakota Tribal Consultation Committee. While Native Americans in other states have opportunities to voice their concerns to government officials, nowhere else is there the level of access and empowerment to tribes found in North Dakota.

Transportation officials around the world can learn from the North Dakota experience. Getting buy-in from indigenous people is not only the respectful thing to do. It can help projects stay on schedule and on budget. And that's something everyone can get behind.