government to government: maintaining productive relationships mary k. turner, odot archaeologist...
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Government to Government:Government to Government: Maintaining Productive Maintaining Productive
RelationshipsRelationships
Mary K. Turner, ODOT ArchaeologistMary K. Turner, ODOT Archaeologist
Tobin C. Bottman, ODOT ArchaeologistTobin C. Bottman, ODOT Archaeologist
Presentation OverviewPresentation Overview
Gov’t to Gov’t Relationships Gov’t to Gov’t Relationships
Sovereign NationsSovereign Nations
ODOT’s ResponsibilitiesODOT’s Responsibilities
Oregon’s Federally Recognized Oregon’s Federally Recognized TribesTribes
Burns PaiuteBurns Paiute Confederated Tribes of Confederated Tribes of
Grand RondeGrand Ronde Confederated Tribes of Confederated Tribes of
SiletzSiletz Confederated Tribes of Confederated Tribes of
UmatillaUmatilla Confederated Tribes of Confederated Tribes of
Warm SpringsWarm Springs
Coquille Indian TribeCoquille Indian Tribe Cow Creek Band of Cow Creek Band of
Umpqua IndiansUmpqua Indians Confederated Tribes of Confederated Tribes of
Coos, Lower Umpqua, Coos, Lower Umpqua, and Siuslawand Siuslaw
Klamath TribesKlamath Tribes
Approximate Tribal Territories Circa 1850
What Is A Government To What Is A Government To Government Relationship?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
ODOT Gov’t to Gov’t PolicyODOT Gov’t to Gov’t Policy
PromotePromote
EnhanceEnhance
DevelopDevelop
Includes all Includes all transportation transportation projects and other projects and other activities activities
Respect the spirit as Respect the spirit as well as the letter of well as the letter of the lawthe law
Important conceptsImportant concepts Sovereignty
Treaty Rights
Ceded Lands
Reservation Lands
Consultation
SovereigntySovereignty
“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
Tribal SovereigntyTribal Sovereignty Sovereignty is the exclusive right to exercise supreme political Sovereignty is the exclusive right to exercise supreme political
authority over a geographic region, group of people or oneself.authority over a geographic region, group of people or oneself.
Because of their unique status, Indians are citizens of three Because of their unique status, Indians are citizens of three sovereigns: their Tribe, the United States, and the State of Oregon.sovereigns: their Tribe, the United States, and the State of Oregon.
Confederated Tribes of the Umatilla Reservation General Council
Treaty RightsTreaty 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.”
Ceded Vs. Reservation LandsCeded Vs. Reservation LandsCeded 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.
Tribes retain the right to hunt, gather, fish, and graze livestock in their usual and accustomed places.
ConsultationConsultation Each agency shall have an accountable Each agency shall have an accountable
process to ensure meaningful and timely process to ensure meaningful and timely input by tribal officials in the development input by tribal officials in the development of regulatory policies that have tribal of regulatory policies that have tribal implications.implications.
Meaningful consultation is defined Meaningful consultation is defined differently by each tribe. Consultation is differently by each tribe. Consultation is usually conducted face to faceusually conducted face to face
Elements of Meaningful Elements of Meaningful ConsultationConsultation
It is substantive - i.e., the tribe’s input is It is substantive - i.e., the tribe’s input is meaningfulmeaningful
It is begun early in the process of project It is begun early in the process of project development so that tribal input can be development so that tribal input can be incorporatedincorporated
It is ongoingIt is ongoing It is based upon mutual respect and trustIt is based upon mutual respect and trust
Consult With Whom?Consult With Whom? Committees - e.g. culture and heritage or Committees - e.g. culture and heritage or
natural resourcesnatural resources
Tribal council Tribal council
Every tribe is a separate nation, has a Every tribe is a separate nation, has a unique cultural identity, and therefore has unique cultural identity, and therefore has different ways of conducting business.different ways of conducting business.
Who Should Be Consulting With Who Should Be Consulting With the Tribes? the Tribes?
Biologists
Archaeologists
Wetland Specialists
And many others…
Evolution of Oregon Indian PolicyEvolution of Oregon Indian Policy
Recognition of tribal sovereignty and Recognition of tribal sovereignty and early treatiesearly treaties
Treaty violations and resettlementTreaty violations and resettlement Extermination policy (Indian wars)Extermination policy (Indian wars) Allotment periodAllotment period TerminationTermination Self-determination/self-governanceSelf-determination/self-governance
What Is ORS 182.162?What Is ORS 182.162? Law passed in 2001Law passed in 2001
Previously known as:Previously known as:
-Executive order 96-30 and Senate -Executive order 96-30 and Senate Bill 770Bill 770
First law in the nation of this natureFirst law in the nation of this nature
OK, So What Does It Do?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 Oregon’s borders
ORS 182.162 has five main elements…
ORS 182.162 Essential ORS 182.162 Essential ElementsElements
Each agency is to develop a written policyEach agency is to develop a written policy
ORS 182.162 Essential ElementsORS 182.162 Essential Elements
Meaningful implementation of that policyMeaningful implementation of that policy
ORS 182.162 Essential ElementsORS 182.162 Essential Elements
Provide at least annual training for those Provide at least annual training for those individuals who work with tribesindividuals who work with tribes
ORS 182.162 Essential ElementsORS 182.162 Essential Elements
Agencies and tribes hold an annual Agencies and tribes hold an annual summitsummit
ORS 182.162 Essential ElementsORS 182.162 Essential Elements
Prepare an annual state agency activity Prepare an annual state agency activity reportreport
Opportunities For InteractionOpportunities For Interaction Most tribes have active and professional Most tribes have active and professional
cultural and natural resource programscultural and natural resource programs Frequently our needs overlapFrequently our needs overlap Think fish restoration, wetland Think fish restoration, wetland
enhancement and/or creationenhancement and/or creation Early coordination can lead to many Early coordination can lead to many
creative solutionscreative solutions