This programmatic agreement (PA) is unique in that it establishes a cohesive, collaborative group effort to enhance cultural recognition and develop relationships of trust and respect among Tribal representatives and government agencies. Partnerships within the agreement will result in more effective cultural resource management. The agreement was designed to address Tribal interests in regard to cultural resource issues and impacts from North Dakota Department of Transportation (NDDOT) projects in a way that benefits everyone involved. The PA, with Tribes on nine Reservations, is a defined way to tailor the consultation process and address Tribal concerns about cultural resources that may be affected by NDDOT projects. 

NDDOT considers this agreement a milestone that will allow the agency to move into a period of more stable, reliable, satisfying, and productive relationships. This agreement does not attempt to change any laws, it simply defines a process that NDDOT will use to interact with Tribes to follow federal laws and regulations in regard to cultural resources. It gives Tribes a participatory role in consideration of cultural resources that may be affected by transportation projects.

This agreement applies to all highway projects within the North Dakota Federal Aid Highway Program subject to Tribal consultation under Section 106 of the National Historic Preservation Act (NHPA).

The agreement acknowledges NDDOT’s commitment to the design and construction of a transportation system that 1) safely moves people and goods; 2) avoids, minimizes, and mitigates adverse effects on cultural resources; 3) recognizes that consideration of Tribal interest in preservation of significant cultural resources is important to Tribal well-being, growth, and prosperity; and 4) responds to the needs of communities on and off reservations in North Dakota.

The PA puts in place a Tribal Consultation Committee (TCC) comprised of members from each consulting Indian Reservation and NDDOT representatives. The TCC meets on a regular basis to discuss NDDOT projects on an individual and group basis, and to discuss other topics important to the Tribes, NDDOT, and FHWA.  Tribes that choose not to be signatory to the PA can be consulted on an individual basis.  The agreement has a provision that allows for the addition of other Tribes as identified through the course of consultation and agreed upon by all signatories.

The PA identifies projects that NDDOT will consult on and projects that are exempt from consultation.

Prior to approaching the Tribes with the PA concept, NDDOT staff had worked for many years, visiting each reservation to establish relationships of mutual understanding, respect, and trust. The vision for this PA came from the Tribes and was refined through consultation between all parties. All parties participated in two 2-day meetings and worked out the language of the PA to everyone's satisfaction. 

NDDOT and the Tribes have been very happy with the implementation of the PA. During the first year of implementation, all parties will meet four times. The number of meetings may be reduced in future years. The PA calls for a minimum of two meetings per year. It allows everyone to discuss project specific issues, allows for consideration of program-wide issues, and facilitates discussion on a wide array of topics relative to Tribes, cultural resources, transportation, and development of effective and meaningful relationships.