Tribal Issues & Project Delivery Case Studies & Lessons Learned Federal Highway Administration Washington Division FHWA Environmental Meeting, June 29, 2004 Sharon P. Love, P.E. Environmental Program Manager, FHWA WA Division Eloise Best, Colville

Tribal Issues and Project Delivery Some Project-Specific Examples: –Traditional Cultural Properties – Upriver Drive in Spokane County – Delayed 4 years, Mitigation Cost $40,000 –Treaty Rights – Edmonds Crossing – Delayed 3 years Mitigation Cost $5 million + –Archaeology – Hood Canal Bridge – Delayed 1 year Mitigation cost $4.5 million FHWA $3.4 million WSDOT, Delay claim – as much as $30 million

Spokane County Upriver Drive Coyote Rocks – TCP

Spokane County Upriver Drive Coyote’s Rocks – TCP Minor project – sidewalks and shoulder widening. Documented CE County lead. TCP listed on the National Register of Historic Places missed in early review and on DCE.

Upriver Drive, Spokane County Coyote’s Rocks Lessons Learned/Results Education of Local Agencies – ensure National Register is checked. Early involvement with Tribes. Importance of Government-to-Government relationship at the Federal level. Revisions to checklist used for Documented Categorical Exclusions.

Edmonds Crossing Tribal Fishing Area New Alternative

Edmonds Crossing Lessons Learned Possible impacts on Tribal treaty rights need to be addressed early. Tribal input can greatly improve a project – even more so if it is received early (ideally before the Draft EIS is circulated). There is more to tribal coordination in NEPA than Section 106.

Port Angeles Graving Dock Hood Canal Bridge

Late Discovery of Archaeology Choices: –Terminate contract, further delaying HCB replacement –Figure out a way through the Section 106 process

Hood Canal Bridge Port Angeles Graving Dock Lessons Learned Importance of FHWA and WSDOT involvement with the Tribe early in NEPA. A good monitoring plan is essential – it worked well in this case. Face-to-face meetings.

What are we doing to improve coordination with Tribes in WA? Early notice of projects (during planning) Annual Meetings with SHPO and Tribes Review of Metropolitan Planning Organizations to ensure Tribal projects and issues are addressed in their plans.

What are we doing to improve coordination with Tribes in WA? Programmatic Agreements on Section 106 Consultation Government-Government Training WSDOT’s Tribal Liaison Office presents training for transportation employees on Section 106 and TERO. WSDOT is training 250 of their staff each year.

For further information: Sharon Love FHWA Washington Division website: Washington State DOT website: