1. Government to Government: Maintaining Productive Relationships Mary K. Turner, ODOT Archaeologist Mary K. Turner, ODOT Archaeologist Tobin C. Bottman, ODOT Archaeologist Tobin C. Bottman, ODOT Archaeologist

2. Presentation Overview Govt to Govt Relationships Govt to Govt Relationships Sovereign Nations Sovereign Nations ODOTs Responsibilities ODOTs Responsibilities

3. Oregons Federally Recognized Tribes Burns Paiute Burns Paiute Confederated Tribes of Grand Ronde Confederated Tribes of Grand Ronde Confederated Tribes of Siletz Confederated Tribes of Siletz Confederated Tribes of Umatilla Confederated Tribes of Umatilla Confederated Tribes of Warm Springs Confederated Tribes of Warm Springs Coquille Indian Tribe Coquille Indian Tribe Cow Creek Band of Umpqua Indians Cow Creek Band of Umpqua Indians Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Klamath Tribes Klamath Tribes

4. Approximate Tribal Territories Circa 1850

6. What Is A Government To Government Relationship? Exists between the U.S. and Federally Recognized Tribes Tribes are individual sovereign entities that retain the right to govern own land and affairs ORS 182.162 states that Oregon is required to maintain this relationship as it does with any state or country

7. ODOT Govt to Govt Policy Promote Promote Enhance Enhance Develop Develop Includes all transportation projects and other activities Includes all transportation projects and other activities Respect the spirit as well as the letter of the law Respect the spirit as well as the letter of the law

8. Important concepts Sovereignty Treaty Rights Ceded Lands Reservation Lands Consultation

9. Sovereignty The supreme power from which all specific political powers are derived. Sovereignty is inherent; it comes from within a people or a culture. It cannot be given to one group by another. Kickingbird and Kickingbird 1977

10. Tribal Sovereignty Sovereignty is the exclusive right to exercise supreme political authority over a geographic region, group of people or oneself. Sovereignty is the exclusive right to exercise supreme political authority over a geographic region, group of people or oneself. Because of their unique status, Indians are citizens of three sovereigns: their Tribe, the United States, and the State of Oregon. Because of their unique status, Indians are citizens of three sovereigns: their Tribe, the United States, and the State of Oregon. Confederated Tribes of the Umatilla Reservation General Council

11. Treaty Rights most basic principle of Indian law When Indian leaders signed treaties they typically relinquished something such as land, in exchange for goods and/or services. What they did not specifically relinquish they reserved. Prior to the establishment of the thirteen colonies, Great Britain,France, and Spain recognized the Indian Tribes as sovereign and independent nations. The US Constitution and early treaties continued that recognition. Treaties are legal binding agreements. The US Constitution Holds that all treaties shall be the supreme law of the land.

12. Ceded Vs. Reservation Lands Ceded lands are those lands ceded or given to the US Government in exchange for something tangible. Reservation Lands are those lands where the Tribes have sovereign control.

13. Tribes retain the right to hunt, gather, fish, and graze livestock in their usual and accustomed places.

14. Consultation Each agency shall have an accountable process to ensure meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications. Each agency shall have an accountable process to ensure meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications. Meaningful consultation is defined differently by each tribe. Consultation is usually conducted face to face Meaningful consultation is defined differently by each tribe. Consultation is usually conducted face to face

15. Elements of Meaningful Consultation It is substantive - i.e., the tribes input is meaningful It is substantive - i.e., the tribes input is meaningful It is begun early in the process of project development so that tribal input can be incorporated It is begun early in the process of project development so that tribal input can be incorporated It is ongoing It is ongoing It is based upon mutual respect and trust It is based upon mutual respect and trust

16. Consult With Whom? Committees - e.g. culture and heritage or natural resources Committees - e.g. culture and heritage or natural resources Tribal council Tribal council Every tribe is a separate nation, has a unique cultural identity, and therefore has different ways of conducting business. Every tribe is a separate nation, has a unique cultural identity, and therefore has different ways of conducting business.

17. Who Should Be Consulting With the Tribes? Biologists Archaeologists Wetland Specialists And many others…

19. Evolution of Oregon Indian Policy Recognition of tribal sovereignty and early treaties Recognition of tribal sovereignty and early treaties Treaty violations and resettlement Treaty violations and resettlement Extermination policy (Indian wars) Extermination policy (Indian wars) Allotment period Allotment period Termination Termination Self-determination/self-governance Self-determination/self-governance

21. What Is ORS 182.162? Law passed in 2001 Law passed in 2001 Previously known as: Previously known as: -Executive order 96-30 and Senate Bill 770 First law in the nation of this nature First law in the nation of this nature

22. OK, So What Does It Do? Establishes and promotes Government to Government relations between the State of Oregon through its various agencies and the nine Federally Recognized Indian Tribes within Oregons borders ORS 182.162 has five main elements…

23. ORS 182.162 Essential Elements Each agency is to develop a written policy Each agency is to develop a written policy

24. ORS 182.162 Essential Elements Meaningful implementation of that policy Meaningful implementation of that policy

25. ORS 182.162 Essential Elements Provide at least annual training for those individuals who work with tribes Provide at least annual training for those individuals who work with tribes

26. ORS 182.162 Essential Elements Agencies and tribes hold an annual summit Agencies and tribes hold an annual summit

27. ORS 182.162 Essential Elements Prepare an annual state agency activity report Prepare an annual state agency activity report

28. Opportunities For Interaction Most tribes have active and professional cultural and natural resource programs Most tribes have active and professional cultural and natural resource programs Frequently our needs overlap Frequently our needs overlap Think fish restoration, wetland enhancement and/or creation Think fish restoration, wetland enhancement and/or creation Early coordination can lead to many creative solutions Early coordination can lead to many creative solutions