Department Of Interior Unveils New Tribal Consultation Policy

Secretary of the Interior Ken Salazar and Assistant Secretary for Indian Affairs Larry Echo Hawk have unveiled the new Tribal Consultation Policy for the Department of the Interior, designed to launch “a new era” of enhanced communication with American Indian and Alaska Native tribes.

“This comprehensive initiative reflects President Obama’s commitment to strengthening the government-to-government relationship between the United States and tribal nations and recognizing their fundamental right to self-governance,” Secretary Salazar said in signing a Secretarial Order implementing the departmental policy. “The new framework institutionalizes meaningful consultation so that tribal leaders are at the table and engaged when it comes to the matters that affect them.”

“Under this policy, consultation will be an open, transparent and deliberative process,” said Assistant Secretary Echo Hawk. “Forging a strong role for American Indian and Alaska Native tribes at all stages in the government’s decision-making process will benefit Indian Country and federal policy for generations to come.”

Developed in coordination with tribal leaders – including meetings in seven cities with more than 300 tribal representatives – the new policy sets out detailed requirements and guidelines for Interior officials and managers to follow to ensure they are using the best practices and most innovative methods to achieve meaningful consultation with tribes.

The policy creates a framework for synchronizing Interior’s consultation practices with its bureaus and offices by providing an approach that applies in all circumstances where statutory or administrative opportunities exist to consult with the tribes – including any regulation, rulemaking, policy, guidance, legislative proposal, grant funding formula change or operational activity that may have a substantial and direct effect on a tribe.

Interior bureaus and offices, which are required to designate one or more Tribal Liaison Officers, must examine and change their consultation policies within 180 days to ensure they are consistent with the new departmental policy. Under the policy, Interior officials will identify appropriate tribal consulting parties early in the planning process, provide the tribes a meaningful opportunity to participate in the consultation process, and participate in a manner that demonstrates a commitment and ensures continuity.