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