Socio-Cultural

Tribal Consultation

For this report, Tribal Consultation is defined as a collaborative effort between the federal government and tribes seeking to reach consensus on how to proceed. Government-to-government consultation is a federal agency responsibility for all large mining projects in Alaska.

A useful resource guide on government-to-government consultation is a Guide on Consultation and Collaboration with Indian Tribal Governments and the Public Participation of Indigenous Groups and Tribal Members in Environmental Decision Making

Another helpful resource on government-to-government consultation is detailed in a 2006 PowerPoint presentation to the Nushagak Mulchatna Watershed Council members by Dianne Soderlund entitled: National Environmental Policy Act (NEPA): Tribal Involvement

This resource covers EPA's authorities related to NEPA including:
1) EPA Tribal Responsibilities Related to NEPA
2) Tribal Consultation vs. Public Involvement
3) EPA's General Principles of Tribal Involvement in NEPA
4) Tribal Government Roles
5) Effective Communication tools.

Practical principles for tribal involvement related to NEPA as listed in this resource include:

• Invitation to engage in consultation any time - formal or informal
• Make sure EPA understands what the Tribal Government expectations are for Government- to-Government consultation and what a Tribe considers
• Meet at any time in the process (by phone or in person - if possible)
• Plan consultation strategies and mechanisms with the Tribal Government
• Put strategies in a Government-to-Government Consultation Plan
• If agreed upon, provide preliminary draft copies of EIS or EA in advance of formal public notice
• Answer questions tribal representatives have about EPA's actions regarding the project
• Communicate questions about the project to the project proponent, as appropriate
• Report back to the tribes in a meaningful and credible way
• Be very clear and honest on what EPA can and cannot do
• Draft the Government-to-Government plan and finalize with tribal input
• As much as possible provide project staff continuity
• Conduct all conversations in a respectful way
• Be flexible and ready to adjust as necessary
• Change the approach if what we are doing isn't working - but first talk with Tribal representatives

• Presidential Executive Orders (13084 and 13175) - Consultation and Coordination with Indian Tribal Governments
• Tribal Office Mission Statement
• Region 10 Tribal Consultation Framework
• Programmatic Consultation Guidance

• National Environmental Policy Act (NEPA)
• National Historic Preservation Act - Section 106
• Native American Graves Protection and Repatriation Act
• Federal Power Act (FERC)
• Nuclear Waste Policy Act of 1982
• Intermodal Surface Transportation Efficiency Act of 1991 and TEA 21 (1998)
• Alaska National Interest Lands Conservation Act

More information on Government-to-Government Consultation

Advisory Council for Historic Preservation (2000)
ACHP Policy Statement Regarding ACHP's Relationship with Indian Tribes

Bonneville Power Administration (1996)
BPA Tribal Policy

Federal Energy Regulatory Commission (2003)
Policy Statement on Consultation with Indian Tribes in Commission Proceedings.

Government to Government Documents. See:
www.alaskanativeresources.com/gtog.html

National Environmental Justice Advisory Council Indigenous Peoples Subcommittee (2000) Guide on Consultation and Collaboration with Indian Tribal Governments and the Public Participation of Indigenous Groups and Tribal Members in Environmental Decision Making

U.S. Bureau of Land Management (1994)
Manual H-8160-1 General Procedural Guidance for Native American Consultation

U.S Bureau of Reclamation (1998)
Indian Policy of the Bureau of Reclamation

U.S. Department of Defense (1998)
American Indian and Alaska Native Policy.

U.S. Department of Energy (2001)
Why does the American Indian Policy Exist?

U.S. Department of Energy (2000)
A Guide for DOE Employees Working with Indian Tribal Nations

U.S. Department of Energy (2000)
Policy on American Indian & Alaska Native Tribal Governance Policy

U.S. Department of Energy- Office of Environmental Management- Office of Intergovernmental and Public Accountability
Tribal Nations Web site:
http://web.em.doe.gov/public/tribal/index.html

U.S. Department of the Interior (1995)
Departmental Responsibilities for Indian Trust Resources

U.S. Department of Justice (1999)
Department of Justice Policy on Indian Sovereignty and Government-to-Government Relations with Indian Tribes

U.S. Department of the Navy (1999)
Department of the Navy Policy for Consultation with Federally Recognized Indian Tribes

U.S. Department of Transportation- Federal Aviation Administration (2004)
American Indian and Alaska Native Tribal Consultation Policy and Procedures

U.S. Environmental Protection Agency (2003)
Public Involvement Policy of the U.S. Environmental Protection Agency

U.S. Environmental Protection Agency (1984)
EPA Policy for the Administration of Environmental Programs on Indian Reservations

U.S. Environmental Protection Agency (1984)
Region 8 Policy for Environmental Protection in Indian Country

U.S. Geological Survey (1995)
U.S. Geological Survey Manual, Section 500.4 Policy on Employee Responsibility Towards American Indians and Alaska Natives

U.S. Geological Survey (1997)
U.S. Geological Survey Manual, Section 500.6 American Indian and Alaska Native Sacred Sites

U.S. National Park Service (2001)
A compilation of NPS management policies pertaining to Native Americans

U.S. National Park Service
Native American Consultation Database

Key resources not available electronically
U.S. Bureau of Indian Affairs (2000)
Government-to-Government Consultation Policy.

U.S. Environmental Protection Agency (2000)
Working Effectively with Federally Recognized Indian Tribes: A Practical Guide for EPA Employees. EPA 305-K-99-006.

White House Council on Environmental Quality (February 4, 2003)
Memorandum for Tribal Leaders: Cooperating Agencies in Implementing the Procedural Requirements of the National Environmental Policy Act.

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