|
|
On Native Ground: Collaborative Transportation Planning on Indian Reservations - January 1995
Click HERE for graphic. ABSTRACT This paper reports on the development of a pilot transportation plan, applying the new guidance of ISTEA to a Native American reservation. This plan, for the Cherokee Indian Reservation in western North Carolina, was a cooperative venture between the federal government, the State of North Carolina, and the Eastern Band of the Cherokee Indians. We reflect on this cooperative effort and recommend ways to increase tribal control over future transportation planning. Indian tribes are explicitly intended to benefit under the new, more open transportation planning process established by the ISTEA. Our study devoted particular attention to the non-technical, process- oriented phases of transportation planning -- much more than in most transportation plans prepared by outside consultants. Given the lack of tribal involvement in planning reported in the literature, we assumed such emphasis would be necessary. Despite our focus on process and local participation, however, our efforts met with mixed success. Difficulties in doing standard transportation planning collaboratively with a tribe include past intergovernmental tensions, a tradition of grant-seeking as a substitute for long range planning, and a lack of tribal commitment to plans prepared by outside consultants. To overcome such factors, we believe it is necessary to make more substantial changes to the traditional transportation planning process. Our recommended approach brings tribal leaders and their concerns more actively into transportation planning. Lacking in-house transportation expertise and commitment to comprehensive planning, we suggest a more collaborative approach, combining the traditional, time- tested technical planning process with strategic elements. Strategic planning, with its focus on the critical issues perceived by local leaders, is more likely to engage and capture the attention of tribes previously outside the transportation decision process. It is also more likely to generate plans that are understood and supported by tribal leaders. OVERVIEW This paper reports on a pilot transportation plan for the Cherokee Indian Reservation in western North Carolina. A recent change in federal transportation policy mandates increased tribal participation in transportation planning on reservations; the, process used to develop this plan was an important first step in that direction. The plan is the result of a unique, cooperative venture between the federal government, the State of North Carolina, and the Eastern Band of the Cherokee Indians. We reflect on this cooperative effort and make recommendations on how tribal participation in transportation planning can be increased on this and other reservations in the future. In crafting a new federal transportation policy for the 1990s, Congress sought to open the decisionmaking process to a number of formerly excluded constituencies, including Native Americans. For example, the finance, construction, and maintenance of highways in the United States has historically been a cooperative venture between the Federal Highway Administration and the state departments of transportation. Most other constituencies -- regional governments, counties, cities, citizen groups, environmentalists, Indian tribes, etc. have traditionally played only secondary roles in shaping highway development. This traditional arrangement -with the federal and state departments of transportation at the center and all others on the periphery -- was fundamentally changed with the passage of the Intermodal. Surface Transportation Efficiency Act (ISTEA) of 1991. Under the ISTEA, local governments and interest groups are ceded a larger role in the development of local highway, street, and transportation systems. Indian tribes are explicitly intended to benefit under the new, more open transportation planning process established by the ISTEA. And, in addition to general provisions that provide for increased cooperation, the ISTEA also provides specific assistance to Native Americans, both in terms of funding for transportation projects and in terms of improved planning. Given the historical lack of tribal participation in transportation planning, our study focuses on the process of developing a transportation plan for the Eastern Band of the Cherokee Indians to make recommendations to improve cooperative federal/state/tribal transportation planning in the future. PROCESS AND PRODUCTS: DEVELOPING A TRANSPORTATION PLAN FOR CHEROKEE This project began with informal discussions between Eastern Band of the Cherokee Indians (EBCI) Planning staff and Federal Highway Administration staff during 1992 over the need for cooperative federal, state, and tribal transportation planning on the Cherokee Reservation. From the outset, this study had two specific goals: 1. To cooperatively develop a plan for the Cherokee Reservation for long-range transportation development, transportation project selection, and promotion of tourism recreational travel; and 2. To use this joint planning venture as a model for future cooperative transportation planning efforts on Indian reservations nationwide. The first of these two goals was met with the completion of the Cherokee Indian Reservation Transportation Plan in June 1994 (1). A second report -- which proposes a model for future cooperative federal, state, tribal transportation planning -- was completed in August 1994 (2) and is summarized in this paper. Given the focus on cooperative planning, a diverse project team and project advisory committee were 2 assembled. The project was headed by the Technology Transfer Center at the University of North Carolina Institute of Transportation Research and Education (ITRE). ITRE was selected because the Technology Transfer Center specializes in local government outreach and training in transportation engineering. The project team, which was composed entirely of non-Indians, worked with Cherokee Tribal Planning staff under the guidance of a large and diverse Technical Advisory Committee. This committee, which included both tribe members and nontribe members, was initially comprised of representatives from the tribal government, tribal transportation, tribal travel and promotion, the Bureau of Indian Affairs, adjacent county governments, the National Park Service, and the Tennessee Valley Authority. A representative from the EBCI Senior Citizens Program, which operates van service for elderly and disabled tribe members, was later added to the committee. The preparation of the plan and the bulk of the technical analysis were done by Kimley-Horn and Associates, Inc., a private transportation planning and engineering firm in Cary, North Carolina. The Kimley-Horn staff was assisted in several areas by faculty and students from area universities: - The Department of City and Regional Planning at the University of North Carolina at Chapel Hill assisted with public participation and needs assessment; - The Department of Park, Recreation, and Tourism Management at North Carolina State University assisted with tourism forecasts; and - The Departments of History and Anthropology at the University of Tennessee, Knoxville provided background information on Cherokee culture, politics, and archaeology. Responsibility for process observation and assessment, including the preparation of this report, was assigned to the team from the Department of City and Regional Planning at Chapel Hill. Their role was not simply to observe and record, they worked actively throughout the project to facilitate tribal participation in the planning process, with assistance from the Cherokee Tribal Planning Office, ITRE, and Kimley-Horn. 3 Table 1: Project Organization for the Cherokee Transportation Plan Project Management Primary Responsibility UNC Institute for Transportation Research and Education Secondary Responsibility Cherokee Transportation Plan Project Advisory Committee Cherokee Tribal Planning Office Plan Preparation Primary Responsibility Kimley-Horn and Associates, Inc. Secondary Responsibility Department of City and Regional Planning (University of North Carolina at Chapel Hill) Department of Park, Recreation, and Tourism Management (North Carolina State University) Departments of History and Anthropology (University of Tennessee, Knoxville) UNC Institute for Transportation Research and Education Process Observation and Assessment Primary Responsibility Department of City and Regional Planning (University of North Carolina at Chapel Hill) Secondary Responsibility Cherokee Tribal Planning Office UNC Institute for Transportation Research and Education Kimley-Horn and Associates, Inc. _________________________________________________________ The Planning Process Typically transportation planning studies can be divided into three principal phases: pre-analysis, technical analysis, and post-analysis (3). Outside assistance is most often sought for the middle phase -- technical analysis--where most of the specialized technical analysis is performed. The initial and concluding phases -- pre and post-analysis-- are most often locally generated without substantial outside assistance. Given our focus on process, this study devoted particular attention to the initial and concluding phases of transportation planning; much more attention than would be found in most transportation plans prepared by outside consultants. Such emphasis is supported in the literature on transportation planning in Native American settings. In their study of transportation planning in poor, rural areas, for example, Hauser et.al. (4) stress the importance of establishing local community organization and developing detailed implementation plans. The outreach efforts in our planning process drew heavily on the work of Crain and others on transportation planning in Native American settings. With regard to the pre-analysis phase, Crain (5) addresses how to elicit goals in a Native American community based on his transportation planning work for the Menominee Nation. In Crain's study, the work was guided by an advisory committee made up of people whom the tribal leadership felt would be interested in transportation and informed by interviews with other people who, because of their responsibilities within the tribe, would have insights into the tribe's transportation needs. Once established, this process was used to enumerate and evaluate the goals, which were then broken down into categories and listed in their order of priority (based on the number of people expressing the goal, the frequency 4 of the expression, the range of groups expressing the goal, and the intensity of the expression). Drawing from Crain's work, our study devoted a high level of effort to local participation. Specifically: - We included as many stakeholders as possible on the Project Advisory Committee (from both on and off of the reservation and including both tribal members and non-members); - We relied heavily on the tribal Planning Staff to advise the consultant team on logistics, to offer introductions, and to set up meetings with officials; - We conducted interviews of tribal leaders and representatives of business and citizens groups to learn about the institutional framework and the specific transportation issues; - We held planning workshops--allowing participants to walk through a number of maps, videos, and other displays--to create a more informal, participatory forum than typical public hearings; and - We asked tribe members and visitors attending the Cherokee Fall Festival to identify transportation needs and concerns in a survey conducted by the Cherokee Tribal Travel and Tourism Office. Throughout the project, the planning team promoted a cooperative, participatory planning process. At the outset, experts on Cherokee history and culture provided information regarding public participation and local political process. The inaugural meeting of the Project Advisory Committee in July 1993 focused on ways to encourage local participation in the planning process. And during the summer of 1993, nine in-depth interviews were conducted with key local actors regarding transportation needs and encouraging local participation. Our efforts to encourage local participation are summarized in Table 2 below and described in detail in the pages that follow. Responses from the preliminary meetings and interviews indicated that transportation was a relatively low profile issue on the reservation and, therefore, it would be difficult to encourage active participation in the planning process from Tribal Council members, business leaders, and the general public. Throughout the study period the dominant public issue on the reservation was whether casino-style gaming could and/or should be established in Cherokee. This issue commanded local policymaking and, in many ways, preempted interest in transportation planning by local leaders and tribe members. 5 Table 2 Efforts to Encourage Local Participation Cherokee Transportation Plan Outreach Effort Date Outcome Pre-Analysis Phase Advisory Committee Meeting 7/93 57% attendance (8 of 14 members) Key Actor Interviews 7/93 Five interviews Tribal Council Presentation 8/93 Questions about project scope; member added to the Project AdvisoryCommittee Public Meeting 9/93 Poor attendance (4) Key Actor Interviews 9/93 Four interviews Advisory Committee Meeting 9/93 60% attendance (9 of 15 members) Technical Analysis Phase Local/Visitor Travel Surveys 10/93 44 local residents. 20 visitors Post-Analysis Phase Advisory Committee Meeting 2/94 53 % attendance (8 of 15 members) Tribal Council Presentation 5/94 End of a lone agenda, discussion cut short by late hour Follow-up Key Actor Interviews 5/94 Six interviews Tribal Council Workshop and 5/94 Poor Council attendance (2) and Advisory Committee Meeting40% committee Attendance (6 of 15 members) _________________________________________________________ Pre-Analysis: Encouraging local participation to determine goals. issues, and problems. Planning studies, especially those not specifically governed by a planning board or commission, are frequently overseen by advisory committees of composed of appointed, interested parties. In this respect, the organization of a project advisory committee for the Cherokee transportation plan was fairly typical. From the outset, the planning team sought the broadest possible representation on the committee, though with little knowledge of local institutions or actors, we relied primarily on Cherokee Tribal Planning Staff to select and invite advisory committee members, as shown in Table 3. 6 Table 3 Composition of the Project Advisory Committee Representation Number Attendance Official Advisory Committee Members Chiefs Office, Cherokee 1 0 % attendance Tribal Council, Cherokee 1 75 % attendance (representative changed during study) Tribal Planning Office, Cherokee 2 100 % attendance Senior Citizens Program. Cherokee 1 67 % attendance (added to committee after 1st meeting) Bureau of Indian Affairs, Cherokee 1 75 % attendance (representative changed during study) Heywood County, Waynesville 1 0 % attendance Jackson County Transit, Sylva 1 75 % attendance Swain County, Bryson City 1 25 % attendance National Park Service, Gatlinburg 1 75 % attendance (representative changed during study) -Tennessee Valley Authority, Knoxville 1 75 % attendance North Carolina Department of 1 0 % attendance Transportation, Asheville North Carolina Department of 1 75 % attendance Transportation, Raleigh Federal Highways Administration, 1 75 % attendance Raleigh Federal Highways Administration, 1 0 % attendance Washington Other Advisory Committee Meeting Attendees Cherokee Boys Club, Cherokee 1 50 % attendance Hotel Operator, Cherokee 1 25% attendance Tribal Council Cherokee 1 50% attendance (attendance by non-committee members) _________________________________________________________ The committee was comprised primarily of representatives from tribal, adjacent local, state, and federal governments. Initially four, and later five, of the fifteen committee members were directly affiliated with the tribe; the remaining ten members represented outside agencies (including the Bureau of Indian Affairs). However, thanks to invitations to other Cherokee leaders to participate during the study, actual attendance by tribe members at committee meetings was about equal to attendance by other representatives. While inclusion of representatives from outside agencies was probably warranted, the ratio of "outside" committee members to "inside" or tribal members was problematic for at least two reasons. First, and foremost, having more tribal members on the committee could have stimulated more local interest and participation in the project. Many of the key actors interviewed at the conclusion of the study reported 7 that the transportation plan was viewed initially by many as a study by outsiders for outsiders. The struggle to overcome this "outsider" perception was made more difficult by the relative lack of local representation on the project advisory committee. The second problem with having fewer tribal members on the advisory committee was the relative lack of local knowledge of tribal transportation issues. For example, despite the fact that tourist access to the reservation and tourist-related traffic congestion in the summer months were primary issues addressed in the plan, there were no representatives from the Tribal Travel and Promotion Office or from the reservation hotel/motel operators. Nor was there, initially, a representative from the local transit service for the elderly and handicapped. A representative from the local elderly and handicapped van system requested participation in the study and was added after the first advisory committee meeting. The addition of this representative from the Cherokee Senior Citizens Program to the advisory committee is an interesting story of the input of cable television on public participation. The director saw the initial project presentation to the Tribal Council by the consultants on the local public access television station. Concerned at being excluded from a study directly related to her work, the Senior Center Director drove immediately to the Council House and, while the consultant presentation was still in progress, addressed the council and asked to be included in the study. She was immediately added as a member. As a rule, the outside members, with a few exceptions, played less active roles in the meetings. Most tended to observe and comment only on issues that related to the agency they represented. Perhaps not surprisingly, the tribal representatives tended to be more active participants. In follow-up interviews at the conclusion of the study, at least two tribal committee members admitted to not fully understanding the purpose of the study or the role of the advisory committee. And the meandering discussions in many of the meetings, though often fruitful and informative, confirmed this confusion. Technical Analysis Phase The technical analysis process was quite straightforward, though no formal travel demand modelling was performed. Perhaps typical of transportation planning in small towns and rural areas, the land use, traffic, and accident data were often incomplete, limited, or otherwise unusable, which constrained the scope of the analysis somewhat. In particular, the lack of existing detailed land use data and the uncertain possibility of future large scale gaming on the reservation rendered all forecasts of future traffic levels quite speculative. Demographic data were available through the U.S. Census and the Tribal Planning Office. Tourism data were provided by the North Carolina Department of Commerce. Data on the street and highways system came from tribal maps, the Bureau of Indian Affairs, the North Carolina Department of Transportation, previous reservation transportation plans, and the current North Carolina Transportation Improvement Program. Finally, travel information was supplemented with travel survey data. Using the Highway Capacity Manual (6), the consultants estimated current peak traffic congestion levels (expressed in terms of "Roadway Levels of Service") at eleven locations throughout the reservation. They then used population growth, tourism projections, and the travel survey data to estimate traffic levels for the year 2015 and calculate future roadway levels of service. The results, quite predictably, showed that already severe peak tourist season traffic congestion will likely worsen considerably in the coming years without substantial capacity improvements on key roadways. Interestingly, a number of transportation problems, unique to the Cherokee Reservation, arose during the 8 interviews and public meetings that would have been difficult to though standard aggregate data sources and analytical techniques. For example, pedestrian travel was a frequently cited problem, somewhat of a surprise for a small town with a widely dispersed, largely rural residential population. Respondents to the travel survey identified "no place to walk" as the single biggest transportation problem on the reservation. Relatively low incomes, low levels of auto ownership, frequent "casual carpooling" with relatives and neighbors, and a cultural tradition for walking combined to make pedestrian travel -- particularly among the young and old -- a far more common means of travel than is found in most small towns and rural areas. The general absence of sidewalks and shoulders along reservation roads forces people to walk in the traffic lanes and results in proportionally high numbers of pedestrian accidents and fatalities. As a result, lack of sidewalks was considered an important transportation deficiency by local residents. (State transportation policy, by contrast, considers sidewalks on state roads an "enhancement" and not an integral part of the state roads system.) From this combined quantitative/qualitative work, the consultants prepared a technical memorandum documenting the analysis and identifying a list of transportation deficiencies that were then organized into a list of four major categories during committee discussion (Table 4). These categories differed from those in traditional transportation plans in that they included a number of community policy issues as well as deficiencies in transportation infrastructure and maintenance. 9 Table 4 Transportation Deficiencies Identified in the Technical Analysis Phase Downtown Cherokee Area Parking issues (on-street parking, fringe parking) Intersection improvements, including signalization Capacity deficiencies (congestion) Sidewalks and pedestrian facilities Major Roads Approaching Cherokee Capacity deficiency on US 19 (the principal east-west highway) Capacity deficiency on US 441 north (the principal north-south highway) Safety improvements on US 19 (passing lanes, guardrails, etc.) Sidewalks on US 441 and US 19 Welcome centers, rest areas Local Streets and Roads Street name signs Paving program for unpaved streets Provisions for pedestrians and bicycles Local street maintenance program Bridge repairs and replacements Policy Issues Downtown redevelopment Land use planning Development standards (site plan and driveway reviews, traffic impact studies, etc.) Sidewalk policy Residential driveway design and maintenance Public transportation Continuing transportation planning 10 Post-Analysis Phase: Solutions and Strategies for Implementation. Following the recommendations of Crain (5) and Anding and Fulton (7), the plan devoted considerable attention to the post-analysis phase, mid in particular, the implementation of recommended solutions. A number of transportation-related plans have been prepared for the reservation over the years, but these plans -- all of which were prepared by outside consultants or agencies -- have been relegated to the shelf and do not appear to guide current transportation or development activities. In order to overcome the problem of implementing transportation plans, the current plan identifies specific improvement projects to be undertaken for each of five issue areas defined in the plan. Each project identified included a description, estimated cost, estimated implementation time, and, importantly, the institution or institutions (i.e. tribe, BIA, North Carolina DOT, etc.) responsible for project implementation. Given the problem/issue list developed during the technical analysis phase, the goal of the final phase of the plan was to solicit input on the list, prioritize the issues, develop a set of specific projects to address each of the prioritized issues, and, finally, develop an implementation strategy for each of the projects. This final goal -an implementation plan within the plan -- was critical given the failure to implement most of recommendations in previous plans. Summary The outreach efforts in this planning process were clearly a mix of successes and failures. Efforts to reach and include individuals -- key actor interviews and travel surveys -- clearly worked best. Next best were the advisory committee meetings; these small group settings were fruitful but unevenly attended. Least successful were the formal presentations and large meetings -- Tribal Council Presentations, public meetings, and the Tribal Council Workshop. Despite the persistent efforts of the project team to pursue such forums, they stirred very little interest or participation. REFLECTIONS ON TRIBAL TRANSPORTATION PLANNING: UNIQUE INSTITUTIONS, UNIQUE PLANNING The institutional arrangements on the Cherokee reservation relating to transportation planning are complicated both internally and externally. In terms of internal structures, the entire tribe is governed by the Tribal Council, a twelve-member elected legislative body. The tribal council appoints and oversees the Planning Commission and the Roads Committee, the two bodies officially responsible for transportation planning. The Planning Commission makes recommendations regarding planning and street locations. The Roads Committee recommends where local streets in residential areas (called "driveways") should be constructed and the Tribal Council makes the final decision. In addition to these bodies, other groups on the reservation play important roles in transportation. The Cherokee Boys Club, the private, entrepreneurial branch of the tribe, provides school bus service on the reservation and transports visitors from parking areas to the popular summer outdoor drama, Unto These Hills. It also provides charter bus service for other organizations, and it is a major road construction contractor on the 11 reservation. Additionally, the Senior Citizens Program provides van transportation for its clients to and from the Senior center and jobs programs. That tribes are both local governments and sovereign nations makes their role and place within the state and federal transportation funding process rather ambiguous. In addition, relations between the Cherokee and the Bureau of Indian Affairs -- the organization principally responsible for building and maintaining roads on the reservation -- are sometimes acrimonious. The Indian Self-Determination and Education Assistance Act (Public Law 93-638) allows tribes to assume control over the road construction and maintenance responsibilities of the BIA, though the Cherokee and most other tribes often lack sufficient in-house project management and engineering capability and, therefore, choose to leave tribal road responsibilities with the BIA. Engineering experience, however, is not the only reason the BIA retains control over reservation roads. There is a strong perception among the tribal and BIA officials we interviewed that BIA officials in Washington, DC strongly prefer to fund road projects through BIA district offices than directly through the tribes. The net effect, then, is that Washington "punishes" tribes for invoking the Indian Self- Determination and Education Assistance Act by steering special projects and surplus roads funds to BIA branch offices. While such perceptions may or may not be accurate, they are widely accepted by many of the local officials we interviewed. There are also many problems with transportation planning that go beyond institutional difficulties. On many reservations, these include a lack of local skills and training, dispersed populations, a lack of institutions to manage transportation planning, insufficient maintenance support, no knowledge base for planning and operating transit systems, and lack of coordination within the tribe (8). Collectively, according to Crain (5), these problems require a transportation planning process on reservations that is more advocacy-oriented and less technocratic than in other settings. An Institutional Mismatch? Barriers to Comprehensive Planning on the Cherokee Reservation. In most towns, cities, and counties, land use decisions and land use planning drive local transportation planning. Local land use control is perhaps the most jealously guarded power of local governments in the United States and the arena of ongoing public attention and (frequently) conflict. What land will be developed, when, and in what fashion is a central concern of local governments. In rapidly developing areas, planners and local officials struggle to manage growth, while in depressed areas governments seek to attract growth and investment. Land use planning is critical to local governments for a number of reasons, not the least of which is financial: property tax revenues, based on the value of privately-owned land, are normally the largest single source of locally generated tax revenues. Thus, to plan for future growth and future revenues, local governments develop comprehensive plans to guide future growth and development. These plans, comprised of a number of "elements," typically contain, among others, a land use element and a transportation (or circulation) element. While the development of each of these elements is iterative, the land use element ultimately drives the transportation element. In other words, traffic forecasts, capacity deficiencies, and plans for new roads and public transit capacity in the transportation element are estimated directly from plans for the scale, type, location, and timing of new development outlined in the land use element. Planning on the Cherokee Reservation, however, differs substantially from the local physical planning process outlined above. As stated previously, the Eastern Band of Cherokee Indians (and all other federally recognized Indian tribes) is both a local government and a sovereign nation. Where all other local governments are part of an explicit hierarchy of towns, cities, counties, regions, states, and the federal government, Indian tribes 12 are not. In local government matters, the tribe works closely with adjacent local and state Governments, but as a sovereign nation, the Cherokee also have a direct, special relationship with the federal government through the Bureau of Indian Affairs. The unique position Indian tribes hold in the governmental hierarchy changes physical planning on the reservation in a number of important ways. Unlike most local jurisdictions, which are comprised of a large array of public and privately-owned parcels, reservation lands are held in trust for the Cherokee people by the U.S. Government in perpetuity. In other words, reservation lands cannot be privately held. "Ownership" of individual parcels take the form of "possessory holdings" that can be transferred to enrolled members of the tribe only (9, 10). This land tenure policy is the foundation of Indian reservations: it is explicitly designed to protect Indians from losing their land, even to bankers (10). While this property arrangement insures the continuity of reservation lands through time, it greatly limits private development and public taxation of reservation land. Unlike private landowners off the reservation, tribe members with possessory holdings cannot borrow easily against their property equity to finance residential or commercial development, because lenders cannot re-possess tribal lands in the event of a default. Further, outside investment is discouraged because investors are often given only short-term lease holdings of tribal lands. Finally, no private ownership means no local property tax; the tribal government does levy fees on commercial ventures, but not on possessory holdings per se. While the federal land trust on reservations clearly insures their long-term survival, it gives the Bureau of Indian Affairs substantial control over land use and investment decisions. Further, it reduces the ability to raise capital (both by making it unavailable as security for loans and because there are no property taxes) and thus increases long- term tribal dependence on the federal government. Finally, it discourages risk-taking and provides little incentive for economic self- sufficiency (11, 12). As a result, land use planning plays a far less important (and less visible) role on the Cherokee Reservation than with most local governments. Small business owners play little or no role in tribal development decisions. Typical development design standards--lot and building size limits, parking minimums, driveway location and size, etc.--are non-existent on the Cherokee Reservation. Finally, on several other reservations, tribal authorities and concomitant local governments (often counties) frequently disagree over the enactment of land use and other regulations that lie within both jurisdictions (I 3,14). And the diminished role of land use planning, in turn, undermines long-range transportation planning on the reservation. The end result is a complete absence of comprehensive, continuing physical planning on the reservation. A number of competent development and transportation plans have been prepared for the reservation over the years, but without the institutional "infrastructure" to support ongoing comprehensive physical planning, these plans have not guided local development. Without local champions -- in the Chiefs Office, the Tribal Council, or the Tribal Planning Office-comprehensive planning has given way to an incremental, ad hoc style of development planning. The special relationship between the tribe and the federal government further differentiates tribal transportation planning from that practiced by most other local governments. The funding of highways and public transportation is quite complex and follows a rigid hierarchy. Local transportation planning typically involves funding programs at county, regional, state, and federal levels. Most highway funding, for example, is administered through federally mandated Transportation Improvement Programs (TIPs) developed by each state. The TIP is essentially a priority ranking of transportation projects. From these lists, federal highway funds are allocated through a wide variety of programs to eligible projects provided that a specified level of state or local funding (frequently 10 to 50 percent of total project costs) is used to "match" the federal contribution. 13 On reservations, however, some federal highway funds are allocated directly to the tribes through the Bureau of Indian Affairs. And with the recent passage of the ISTEA, funding of reservation roads has grown by over 120 percent (15). These funds, which are also organized into a variety of programs, bypass the entire state TIP process. In addition, a portion of the motor fuel taxes collected on the reservation are rebated to the tribe for local road maintenance. In sum, transportation development on Indian reservations is not based on comprehensive physical planning and has remained largely outside of the cooperative, continuing, and comprehensive transportation planning and funding process for federal, state, and local governments. To be effective, transportation planners need to become familiar with reservation institutional conditions. This is particularly true if the transportation planning process seeks genuine tribal participation. Three factors are especially important: 1) the complex and tension- filled intergovernmental decision-making structure, 2) the practice of viewing planning as preparation of grant applications, and 3) a history of uncritical acceptance of outside technical assistance, with minimal tribal input. Because of the many institutional actors involved, as well as the sovereign nation status of reservations, transportation decision-making must work within a complex and often tense structure of intergovernmental relationships. The primary actors, whose past relationships typically have been stormy and their communications poor, include: - The tribal government, including the elected Chief and Tribal Council, and any appointed committees addressing transportation issues (the Planning Board and Roads Committee on the Cherokee reservation); - The Bureau of Indian Affairs (BIA), which builds and maintains reservation local roads with federal funding, and thus is viewed as both a potentially unwelcome quasi-independent decision-making agency operating on the reservation and a welcome source of outside funds for reservation projects; - The state Department of Transportation (DOT), which builds and maintains state highways leading to and passing through the reservation, and, with its Board of Transportation, controls the allocation of federal highway funds to local projects through its Transportation Improvement Program (TIP) priorities. Other actors who play a less direct, but sometimes important role include the Federal Highway Administration (FHWA); regional governmental organizations (such as Metropolitan Planning Organizations, Regional Planning Councils or Councils of Government); specific regional organizations for particular tribes (such as the Tennessee Valley Authority, Appalachian Regional Commission for the Cherokee); agencies administering parks or other tourist facilities near the reservation (e.g., Great Smoky Mountains National Park, Blue Ridge Parkway); and service agencies providing transportation, either as their primary mission (transit operators) or in connection with their primary mission (senior citizens programs, tourism or economic development programs, etc.). Partly because of the lack of a property tax base as a stable public revenue source, reservation planning has tended to react to immediate funding opportunities rather than preparing long range plans. More than most U.S. local governments, reservations must seek outside funding each year. Thus, tribal planning offices ten to be project-oriented. Lacking an effective transportation plan, they are geared toward applying for outside funding for transportation construction and maintenance projects, including the state TIP, BIA's Indian Reservation Roads program, and various federal transit funding programs. Lacking an effective land use plan, they also view development from a project perspective, which makes it difficult to plan for coordinated future land use and 14 transportation patterns. Finally, as noted above. collaborative transportation planning on reservations is hampered by a history of unreviewed acceptance of outside technical assistance. With no local tradition for comprehensive planning, this reliance on outside help hampers plan implementation. As a result, transportation plans prepared by outside consultants tend to sit on the shelf, rather than be used to guide tribal decisionmaking. Transportation Planning as Grantsmanship There is, in fact, active tribal planning on the Cherokee Reservation, though not the kind of physical planning typically practiced by local governments. Planning activity on the reservation consists largely of incremental, partially coordinated efforts to attract outside investment--private investment in the form of tourist- oriented development and public investment in the form of government grants and allocations. This ad hoc style of "grantsmanship planning" has greatly hindered the implementation of comprehensive transportation plans developed by outside planners and consultants over the years. Given the high levels of unemployment, the constraints on attracting private investment, and the dependency of most tribes on federal largesse for economic survival, it is not surprising that tribal planning focuses so heavily on economic development and grantsmanship. The dearth of locally generated revenues and the instability of private investment and federal grants from year to year make it difficult to develop and follow long-term comprehensive plans -- transportation or otherwise. Given both the qualified failure of previous transportation plans and the unique institutional environment that has evolved on the reservation, we argue in the following section that it is not appropriate to force the use of traditional comprehensive planning where it doesn't fit. A better approach would be to adapt strategic planning to the unique circumstances on the reservation. Dependency on Outside Experts Reproduces Dependency. Collaborative transportation planning on reservations is hampered by a history of unreviewed acceptance of outside technical assistance. Many of the planning staff on the Cherokee reservation are well-educated and experienced, but in areas unrelated to transportation or land use planning, such as environmental management and public administration. Due in part to this lack of tribal expertise in technical practice, the Tribal Planning Office must rely extensively on outside expertise to plan, build, and maintain the reservation transportation system. As a result, reservation officials have little experience with collaborative intergovernmental decision-making, particularly for long-range, comprehensive planning. Thus, the transportation plans prepared by outside consultants have tended to sit on the shelf, rather than be used to guide tribal decisionmaking or help the tribe get its projects on the state TIP. The limited transit services on the reservation are managed by the Cherokee Boys Club and the Senior Services Center. Highway engineering expertise is provided primarily by the Bureau of Indian Affairs for the construction and maintenance of reservation roads and secondarily by the North Carolina Department of Transportation for the construction and maintenance of federal and state highways. Transportation plans, including the one prepared for this study, have all been the work of outside consultants. Between consultants, transportation planning on the reservation falls through the cracks. Traffic impact studies are not required of large new developments; there are no standards for off-street parking in commercial 15 areas; and local streets (known locally as "driveways") are usually of sub-standard design and in need of frequent repair. Many of the recommendations in the current plan -- such as the need for off-street downtown parking -- were made in earlier plans as well. But with no staff transportation planner and no one to champion physical planning in general or in specific plans, no institutional vehicle exists to implement the recommendations of outside experts. The recommendations go unheeded, the plans gather dust, and the problems persist until outside help is sought again. The tribe does attend to some transportation issues on the reservation. The Boys Club and Senior Center ferry clients, but no general public transit service exists. The BIA builds and maintains roads and bridges under its jurisdiction and a Tribal Roads Committee parcels out funds to construct and maintain "driveways" in residential areas, but such work is done in the absence of any planned system of transportation or land use. The result is a poorly integrated system of roads and streets, and an incomplete system of public transit. Finally, tribes may tend to minimize traditional comprehensive planning practice due, in part, to the unique social structure of the tribe. Indian tribes are, by definition, extended families, and the familial nature of tribal society alters civic discourse and the roles of local governments in important ways. The Cherokee Tribal Council, for example, is much more likely to intervene in personal disagreements between neighbors or between employer and employee than would most town or city councils. Thus, tribal officials may be not only reluctant to make long-range plans, but also to enact and enforce development regulations that substitute abstract rules for group decision-making. Because tribal leaders prefer to honor land use requests by individual constituents, they may be wary of laws and standards that might limit individual efforts. Tribal social structure, therefore, may obstruct local commitment to comprehensive planning. And, without local commitment to and expertise in land use and transportation planning, reliance on outside experts, and the discontinuity such reliance can bring, shapes transportation planning practice on the Cherokee Reservation. Yet Another Study... When queried at the close of this study, every key actor interviewed admitted that this transportation planning effort was seen by most tribe members as just another study by outsiders that was unlikely to benefit the Cherokee people. Said one tribal official: "We have been studied to death." Despite their cynicism, the interviewees were generally impressed by the efforts of the study team to garner local input and interest, though none were surprised by the tepid responses to the public meeting and the formal Tribal Council presentations. When asked what we could have done to increase local participation, the responses were unanimous: (1) Secure the interest and support of local leaders from the outset and (2) avoid technical, bureaucratic language as much as possible. Several respondents to our concluding interviews explained that a few influential tribe members wield considerable influence in Cherokee society. These local leaders, whose names came up repeatedly throughout our study, are well-respected leaders of public opinion and should have been contacted at the outset of the planning process. When convinced of the importance of transportation planning on the reservation, these leaders become champions of the project and insure that action will be taken on the plan after the consultants have packed up and gone home. None of those queried thought that the non-Indian consulting team was necessarily a problem, though 16 several thought that, in such cases, garnering the support of local leaders in advance was absolutely critical. Several thought that Native American transportation planners would probably contribute specialized knowledge on Indian law and relations with the Bureau of Indian Affairs, though none thought that Native American consultants per se would have increased local participation. Finally, several of the key actors interviewed complained that the consultants used too much technical, bureaucratic language. "I sat through two Advisory Committee meetings," complained one Tribal Council member, "before I had any idea what you guys were talking about." Most said that more clarity and specificity at the outset would have encouraged local participation. One suggested that slides of "good" and "bad" land use and transportation planning be used to show local leaders and elected officials what such a planning process could accomplish. These findings are consistent with similar work done on other reservations. Anding and Fulton (7) assess transportation needs on Indian reservations and argue that it is necessary first to gain the official cooperation of the tribal leaders in order to proceed because the tribes have little patience with research that does not lead to any real results. The Folly of Trying to Force a Round Peg into a Square Hole Under the institutional conditions encountered on a reservation, it is difficult to carry out a standard transportation planning process collaboratively with a tribe. As outlined above, such efforts are plagued by past intergovernmental tensions, a tradition of grant seeking as a substitute for long range planning, and a lack of tribal commitment to transportation plans prepared by outside consultants. In addition, other likely problems are: - Low priority for transportation planning, relative to immediate tribal issues viewed as more pressing, so that leaders will be reluctant to devote time, attention, and resources to plan preparation. - Lack of interest in the abstract planning process itself, which requires progressing through sequential steps of technical inventory and analysis in order to make recommendations, so that attention focusses on the funds allocated to the planning process and its outputs rather than the critical intervening decisions. - Absence of land use regulations, such as zoning, subdivision regulations, and design standards to implement plans and provide a continuing basis for organized development of reservation lands. Instead elected officials allocate land on request for residential use and negotiate short-term leases for commercial use, and the resulting projects are often poorly designed and uncoordinated with little or no consideration of parking, access, or traffic. - Difficulty by outside consultants and transportation planning bureaucrats in understanding differences between transportation politics on reservations and in other American communities, so that incorrect basic assumptions are not challenged and "standard" practices are -not properly adapted, until late in the planning process when the critical lessons have been learned by both tribal planners and outside consultants. In order to overcome these and other problems encountered on Indian reservations, we believe it is necessary to revise and expand the traditional transportation planning process. Our approach seeks to fit transportation planning more closely into the conditions of the tribal setting. 17 STRATEGIC PLANNING: A RECOMMENDED MODEL OF EFFECTIVE TRANSPORTATION PLANNING IN NATIVE AMERICAN SETTINGS Transportation planning is both an art and a science. It is an art in that goals, objectives, problems, and issues are difficult to define, and consensus is a challenge to achieve. It is a science in that established methods and techniques exist to analyze existing transportation systems and forecast changes in the future. Traditionally in transportation planning, the "art" has been the responsibility of the local planners and "science" the domain of the outside consultants. The role of the outside consultants, in other words, has usually been confined to the technical, analytical side of transportation planning. From our experience of preparing a transportation plan for Cherokee, North Carolina, we emphatically believe that this traditional division of labor between local planners and outside consultants does not and will not work in Native American settings. Unless there exists in-house transportation planning expertise on the reservation and local commitment to comprehensive planning, we suggest that an alternative, strategic approach be adopted for transportation planning on Indian reservations. And given that a principal goal of the ISTEA is an effective collaborative intergovernmental planning process, the planning approach used must fulfill some basic requirements: - A collaborative transportation planning process must be treated as a "new idea" that is introduced to the tribe, marketed to key local stakeholders, and carried out as an innovation that requires behavioral change to be accepted; - One or more tribal leaders and staff members must be enlisted as "champions" of transportation planning, lending their prestige and status to the activity to give it a high priority on the tribal agenda; - The plan must be conceived as a combination of short-range visible projects and long-range system improvements, in order to demonstrate its practicality and usefulness and to create a multi- year implementation program relying on various transportation suppliers (BIA, FHWA, state DOT, etc); - The technical transportation work must be enlarged to include participatory methods that engage tribal leaders in all phases of the planning, so that dialogue is maintained throughout and tribal values and perspectives are respected. We recommend an approach that combines the traditional, time-tested technical planning process with elements of a more strategic planning process. Strategic planning originated in the private sector, and has been adapted to a number of public sector planning situations. As proposed by Bryson and Einsweiler (16), strategic planning involves: - Issue or problem focus to deal with recognized community concerns; - Participatory agenda framing and decision making by stakeholders; - Strategic, near term implementation focus; and - Consideration of both external and internal influences. The standard transportation planning approach consists of three phases-- pre-analysis, technical analysis, 18 and post-analysis (3). Each of these includes several tasks, though typically the most effort is expended in the technical analysis tasks: 1. Pre-analysis - Problem/issue identification - Goals and objectives formulation - Data collection - Alternatives generation 2. Technical analysis - Traffic projection modelling - Deficiency assessment - Capacity and level of service modelling - User surveys 3. Post-analysis - Alternatives evaluation (economic and non-economic) - Recommendations - Implementation - System monitoring The typical strategic planning approach consists of eight tasks (17). As adapted to illustrative reservation concerns, these tasks consist of 1 Forging initial agreement to collaborate: making a plan for planning to which both tribal and related stakeholders are committed; 2. Identifying mandates: from laws such as ISTEA or the Indian Self- Determination and Education Assistance Act (PL 93-638); 3 Preparing mission and values statements by stakeholders: attempting to include all those with claims on reservation resources; 4. Identifying external opportunities and threats: such as gaming proposals, tourism and travel trends; 5. Identifying internal strengths and weaknesses: such as past transportation plans, conflicts with BIA, and the like; 6. Agreeing on high priority, strategic issues: such as decongesting or increasing safety on main roads; 7. Describing the future vision of success: such as a reservation where both Indian and tourist travel is multi-modal, safe, efficient, and pleasant. 8. Developing strategies: practical alternatives such as lobbying for inclusion of tribal road improvements on state Transportation Improvement Program; and 19 We recommend that these tasks, in combination with those of the standard transportation planning approach, be carried out through a series of parallel steps with the technical work feeding into the strategic planning process. Some steps can accomplish more than one task; other tasks may be spread out over more than one step. The focus for all these steps is the "transportation system"--the combination of physical facilities and organizations that provide transportation services. The parallel tasks in a Strategic Transportation Planning Approach are shown in Table 5. Table 5: Proposed Integration of Strategic Planning with Standard Transportation Planning Practice on Indian Reservations Traditional Model Strategic Model 1. Organize for Planning 1. Pre-Analysis Phase 2. Identify Mandates 3. Prepare Mission/Values 4. Analyze External Environment 2. Technical Analysis Phase 5. Analyze Internal Environment 6. Agree on Strategic Issues 7. Envision Future System 3. Post-Analysis Phase 8. Formulate Strategies and Plan _________________________________________________________ The techniques include both the standard technical methods of the transportation planner and the public involvement methods of the strategic planner. Since transportation planning practice is well established, we focus more on the public involvement methods which are nicely summarized in Innovations in Public Involvement for Transportation Planning (18). It is important to note here that strategic planning does not replace, but complements the standard analytical techniques of transportation planning, such as travel forecasting, level of service determination, and traffic impact analysis. Without an institutional framework for planning -- a context to make use of such technical analyses--the analyses become irrelevant and the plans that contain them gather dust on the shelf. Since many of the strategic planning elements are related to ongoing events, the process should not be visualized as a mechanical sequence, but rather as a dynamic learning process in which some steps may be repeated as new information or insights emerge. Instead of a linear sequence, the approach could be conceived as a strategic learning loop (Figure 2 below) which could be entered at various points and pursued in various 20 patterns, including going back to an earlier step if necessary. The significance is not in rigidly following the steps, but in engaging and educating the stakeholders through an ongoing, participatory process leading to a plan. What we advocate here is a strategic process that creates an environment in the unique setting of the reservation where effective transportation planning can occur. This strategic approach radically alters the role of the transportation planning consultant, from hired gun to planning advocate, and from technical expert to technical expert and process facilitator. Our experience has convinced us that the strategic planning approach offers an ideal vehicle to develop local interest, promote tribal participation and control, facilitate effective analyses, and increase implementation in the unique social and institutional settings on Indian reservations. Click HERE for graphic. POSTSCRIPT: BUILDING IN-HOUSE PLANNING SKILLS An important lesson from the Cherokee case study is that tribes frequently lack both the technical and the strategic planning skills to carry out effective transportation planning. This makes them dependent on outsiders for these skills. And this dependence reproduces dependence through time. The obvious solution to this cycle of dependency is build the skills base within the tribe to make transportation (and other, related forms of physical planning) an ongoing part of tribal practice. Tribal planners with transportation planning skills can make transportation planning part of the daily fabric of reservation activities and put it high on the tribal agenda. Some investment now in transportation skills building for Native Americans will have a high future payoff in terms of much more efficient and effective reservation transportation systems. To remedy the lack of technical and strategic planning skills, we recommend that the federal government create a professional transportation education program and market it to Indians desiring to pursue planning careers. The program would consist of apprenticeships for high school students and scholarships and fellowships to university degree programs in transportation, urban, and regional planning. $200,000, for example, would train twelve Native American planning fellows each year. Selected fellows would receive mentoring for practice-oriented degrees at both the Bachelors and Masters level. During the summers, they would serve internships in tribal planning and transportation offices, as well as in state DOT and BIA offices. Following completion of their education programs, they would be expected to return to the reservation for at least two years, where they would be attached to the tribal planning office. Finally, workshops could be held for tribal planners and elected officials on project management and institutional arrangements. 21 Such a program would be entirely consistent with both the Indian Self-Determination and Education Assistance Act and the Intermodal Surface Transportation Efficiency Act and would remedy many of the problems with transportation planning consulting on Indian reservations by, over time, rendering them moot. 22 ACKNOWLEDGEMENTS This research was conducted under a grant from the Office of Technology Applications of the Federal Highway Administration through the University of North Carolina Institute of Transportation Research and Education. The opinions expressed herein and any errors or omissions are the sole responsibility of the authors. 23 REFERENCES 1. Kimley-Horn and Associates, Inc. 1994. Cherokee Indian Reservation Transportation Plan. Raleigh, NC:North Carolina Institute of Transportation Research and Education. 2. Godschalk, D., B. Taylor, and M. Berman. 1994. On Native Ground: Collaborative Transportation Planning with American Indians under the Intermodal Surface Transportation Efficiency Act -- Reflections on Transportation Planning for the Eastern Band of the Cherokee Indians. Chapel Hill, NC: Department of City and Regional Planning. 3. Pas, E. 1. 1986. The Urban Transportation Planning Process. In The Geography of Urban Transportation, edited by S. Hanson, 49- 70. New York: The Guilford Press. 4. Hauser, E. W., E. H. Rooks, S. A. Johnston, and L. MacGillivray. 1974. Use of Existing Facilities for Transporting Disadvantaged Residents of Rural Areas. U.S. Department of Transportation, Federal Highway Administration, Report No. FHWA/SES-75/06. 5. Crain, J. 1983. Proceedings of the 1981 Workshop on Rural Transportation on Indian Reservations, with Bibliography. U.S. Department of Transportation, Report No. UMTA-MA-06-0049-83-5. 6. Transportation Research Board. 1985. Highway Capacity Manual, TRB Special Report 209. TRB, National Research Council, Washington, DC. 7. Anding, T. L. and R. E. Fulton. 1993. Assessing Transportation Needs on Indian Reservations. Minneapolis, Minnesota: Center for Urban and Regional Affairs, University of Minnesota. 8. Crain, J. and E. Hodson. 1980. Rural Transportation Projects on Indian Reservations: A Report on Eleven Demonstrations. U.S. Department of Transportation, Report No. UMTA-MA-06-0049-80-8. 9. Anderson, T. L. and D. Lueck. 1992. Agricultural Development and Land Tenure Indian Country. In Property Rights and Indian Economies, edited by T. L. Anderson, 147-66. Lanham, Maryland: Rowman & Littlefield Publishers, Inc. 10. Neely, S. 1992. Adaptation and the Contemporary North Carolina Cherokee Indians. In Indians of the Southeastern United States in the Late 20th Century, edited by J. A. Paredes, 29-43. Tuscaloosa, Alabama:The University of Alabama Press. 11. Molinaro, L. A., R. L. Cournoyer, and R. Goldberg. 1988. Development Opportunities with Native Americans. The Real Estate Finance Journal. 4(l):35-43. 12. Nagel, J., C. Ward, and T. Knapp. 1988. The Politics of America n Indian Economic Development: The Reservation[Urban Nexus. In Public Policy Impacts on American Indian Economic Development, edited by C. M. Snipp. Albuquerque, New Mexico: Native American Studies, Institute for Native American Development, University of New Mexico. 13. Williams, K. M. 1992. Coordinating Jurisdiction on Indian Reservations. Planning and Zoning News. 10(October):5-10. 14. Ambler, M. 1991. On the Reservations: No Haste, No Waste. Planning. 57(11):26-29. 24 15. Bureau of Indian Affairs. 1993. Summary of BIA/Tribal Leaders Meetings on the Indian Reservation Roads and the Intermodal Surface Transportation Efficiency Act of 1991. Washington, DC: BIA Division of Transportation. 16. Bryson, John, and Robert Einsweiler (eds). 1988. Strategic Planning: Threats and Opportunities for Planners. Chicago, IL: Planners Press. 17. Bryson, John, and Roering. 1988. Applying Private Sector Strategic Planning in the Public Sector, in Bryson and Einsweiler (eds), Strategic Planning: Threats and Opportunities for Planners. Chicago, IL: Planners Press. 18. U.S. Department of Transportation. 1994. Innovations in Public Involvement for Transportation Planning. Washington, D.C.: U.S. Department of Transportation.