Overview

Based on tribal sovereignty and as part of the government-to-government relationship, federal law requires federal agencies to consult with tribes about any policy that would have a tribal impact. Impact on tribes is defined broadly, and the obligation to consult applies regardless of whether programs and policies are solely or primarily related to tribal issues. This process helps the U.S. government fulfill its duty to ensure that its laws and policies avoid violating treaty rights or tribal sovereignty.

Simply inviting tribal representatives to participate in general public comment processes does not meet the obligation to consult with tribes. Communicating and coordinating at the staff level among federal, state, or local, and tribal employees is also not enough. Consultation is a formal process that requires:

• Involving tribes as early as possible
• Identifying the appropriate tribal authorities to consult
• Facilitating consultation at multiple stages of program and policy development
• Determining the appropriate format for consultation
• Preparing and presenting information
• Revising program and policy plans based on consultation
• Implementing programs or policies with continued consultation as needed

For more information, review the Bureau of Indian Affairs Government-to-Government Consultation Policy.