- Identify EPA processes and policies for interacting with the Tribes,
- Understand the roles of EPA and Tribal governments in Federal Facility cleanups,
- Learn about the Federal Facilities Restoration and Reuse Office (FFRRO), and,
- Discover EPA resources and tools available to assist Federal Facilities in building partnerships with the Tribes.
US Consultation & Coordination with Tribal Governments
Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, was issued by President Clinton in 2000: executive departments and agencies are charged with engaging in regular and meaningful consultation and collaboration with Tribal officials in the development of Federal policies that have Tribal implications, and are responsible for strengthening the government-to-government relationship between the US federal government and Indian Tribes.
On January 26, 2021, President Biden issued a Presidential Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships. The Memorandum reaffirms the policy announced in Presidential Memorandum of November 5, 2009 (Tribal Consultation), which directed Federal agencies to develop and periodically revise their tribal consultation policies to ensure that Federal agencies consider Tribal feedback when developing policies that have Tribal implications, consistent with Executive Order 13175.
Government government-to-government relationship is different than the relationship between federal agencies and public stakeholder groups. Engagement with Indian Tribes goes beyond requesting public comment and hosting public meetings by having consultation and coordination between the United States and Indian Tribes. See US Environmental Protection Agency’s (EPA’s) Summary of Executive Order 13175.
Federal Policies and Guidance
All federal agencies have their own policies and guidance to ensure Tribes have the opportunity to provide meaningful input to be considered prior to federal actions or implementing decisions that may affect Tribes. US agency examples include:
- EPA Policy for the Administration of Environmental Programs on Indian Reservations
- Department of Homeland Security (DHS) Tribal Consultation Policy
- DHS Federal Emergency Management Agency (FEMA) Tribal Affairs
- Department of Agriculture (USDA) Tribal Relations
- Department of Defense Consultation with Federally Recognized Indian Tribes
- Department of the Interior Trust Documents
- Department of Energy’s Office of Environmental Management Tribal Programs in Indian Country
- Department of Housing and Urban Development Tribal Government-to-Government Consultation Policy
EPA’s Tribal Consultation Tracking System
EPA’s Tribal Consultation Tracking System (TCOTS) tracks information about potential future Tribal consultation opportunities and serves as a repository for consultation-relates documents for active consultations for all EPA programs, including Superfund. You may receive email notifications on upcoming EPA Tribal Consultations by joining the TCOTS Listserv on EPA’s TCOTS webpage.
State Consultation & Coordination with Tribal Governments
The concept of a government-to-government relationship is based on the sovereign status of Tribal governments.
The following is from Government to Government Models of Cooperation Between States and Tribes, prepared by the National Conference of State Legislators. A successful government-to-government relationship between a State agency and one or more Tribes involves several areas of understanding and cooperation:
- There is a mutual—and ongoing—understanding between both parties that each is an independent government that works for respective constituencies. As such, the State-Tribal relationship is fundamentally an intergovernmental relationship.
- Both States and Tribes understand that the relationship is unique, not only because all Tribal citizens are also State citizens and legislative constituents, but also because of the nature of the Tribal-Federal relationship.
- One or more mechanisms exist that facilitate the intergovernmental relationship between the State legislature and Tribal leaders. Such mechanisms allow the States and Tribes to maintain their respective governmental roles and responsibilities and to collaborate when appropriate.
- Both sides try to reach agreement on common issues, but recognize that there will likely be some areas of conflict. These areas of conflict should not be allowed to influence the entire intergovernmental relationship.
Although states do not have the same unique legal relationship with Tribes that the federal government does, many states are committed to improving communication and working relationships with Tribes. The following links are examples of ongoing efforts across the US:
- Alaska Tribal Relations and Tribal Consultation Policy
- Arizona Tribal Consultation Policies
- California Environmental Protection Agency Native American Tribal Relations
- Colorado’s State-Tribal Consultation Guide
- Maine’s Act to Establish an Enhanced Process for Tribal-State Collaboration and Consultation
- Minnesota Executive Order 19-24 Affirming the Government to Government Relationship between the State of Minnesota and Minnesota Tribal Nations
- Montana State Tribal Relations Policy
- New Mexico Environment Department Tribal Communication and Collaboration Policy
- New York Department of Environmental Conservation Indian Nation Consultation
- Oregon Department of Environmental Quality Tribal Government Relations
- Utah Executive Order EO/2014/004: Executive Agency Consultation With Federally-Recognized Indian Tribes
- Washington Department of Ecology: Working with Tribal Governments
- Wisconsin State Tribal Relations Initiative
Additionally, many states or regions have intertribal councils or related groups that can facilitate communication with the Tribes in the state or region and help document Tribal views and concurrence. See the National Congress of American Indians list of regional Tribal organizations.