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Government to Government: Maintaining Productive Relationships

Government to Government: Maintaining Productive Relationships. Mary K. Turner, ODOT Archaeologist Tobin C. Bottman, ODOT Archaeologist. Presentation Overview. Gov’t to Gov’t Relationships Sovereign Nations ODOT’s Responsibilities. Burns Paiute Confederated Tribes of Grand Ronde

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Government to Government: Maintaining Productive Relationships

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

  2. Presentation Overview • Gov’t to Gov’t Relationships • Sovereign Nations • ODOT’s Responsibilities

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

  4. Approximate Tribal Territories Circa 1850

  5. 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

  6. Promote Enhance Develop Includes all transportation projects and other activities Respect the spirit as well as the letter of the law ODOT Gov’t to Gov’t Policy

  7. Important concepts • Sovereignty • Treaty Rights • Ceded Lands • Reservation Lands • Consultation

  8. 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

  9. Tribal Sovereignty • 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. Confederated Tribes of the Umatilla Reservation General Council

  10. Treaty Rights “most basic principle of Indian law” • 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.” • 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.

  11. 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.

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

  13. 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. • Meaningful consultation is defined differently by each tribe. Consultation is usually conducted face to face

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

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

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

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

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

  19. 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…

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

  21. ORS 182.162 Essential Elements • Meaningful implementation of that policy

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

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

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

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

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