Native American tribal consultation
The United States has a unique legal and political relationship with American Indian tribes and a special relationship with Alaska Native entities (Executive Order 13592). Native American tribes are sovereign nations, and afforded the same rights and privileges as other nations, including the right to government-to-government consultation. Federal consultation with Native American tribes must be meaningful, conducted in good faith, and entered into on a government-to-government basis.
How to request tribal consultation
Tribes, Alaska Native regional corporations, and Alaska Native villages can request that we consult or set up a meeting with elected leaders of their respective government by emailing tribalaffairs@gsa.gov.
About our tribal consultation responsibility
Formal consultation, through our Tribal Consultation Policy, is essential as we develop and implement policies that might affect tribes. As an agency that also manages, constructs, disposes, and acquires federal real property, we’re committed to transparency and collaboration with tribal governments. Through commitments made in our Consultation Action Plan, we strive to hear directly from tribal leaders and Native American business leaders regarding our support of Native American affairs.
We understand that through a government-to-government relationship rooted in respect and earned trust, we can achieve great outcomes. There are times when we may engage in one-on-one or regional consultations as special projects and initiatives may have interests that affect tribal interests or lands. Additionally, as our Public Buildings Service supports other federal agencies and real estate efforts, there are special National Environmental Policy Act and Section 106 consultation protocols that we follow when engaging with tribes.
The Center for Historic Buildings, within the Office of the Chief Architect, is responsible for ensuring that we fulfill our tribal consultation responsibilities. Our Regional Historic Preservation Officers implement tribal consultation with support from CHB as early in project planning as possible to ensure projects remain on schedule and tribes have the opportunity to provide input on projects that might impact tribal interests1. Tribal consultation is a stand-alone federal requirement, but often carried out in conjunction with Section 106 review of a proposed undertaking. With no mandated timelines for tribal consultation, it is advisable to contact the relevant tribes as early in the project planning as possible.
Tribal consultations versus listening sessions
A listening session is an informal meeting, but with a record of it, where federal agencies share information with and seek information from tribal representatives. Formal consultation includes:
- Two-way dialogue between official representatives of tribes and federal agencies.
- Notice with sufficient detail of the topic in question being provided to tribes at least 30 days in advance.
- Federal decision-maker participation.
- Discussion between tribes and federal decision-makers, with a preference for in-person meetings if feasible.
- Record of proceedings via transcript or notes.
- Federal response to tribal leaders on how the final agency decision incorporated tribal input.
Key tribal engagement requirement publications
Consultation and Coordination with Indian Tribal Governments
Executive Order 13175 of November 6, 2000
Tribal Consultation and Strengthening Nation-to-Nation Relationships
Memorandum of January 26, 2021 - 02075
Uniform Standards for Tribal Consultation
Memorandum of November 30, 2022 - 26555
Other relevant laws, regulations, and executive orders to know
- National Historic Preservation Act: Requires consultation with tribes under Section 106. Created the Tribal Historic Preservation Officer program.
- Native American Graves Protection and Repatriation Act: Requires federal agencies and museums to return certain Native American cultural items, human remains, funerary objects, sacred objects, and objects of cultural patrimony to lineal descendants, culturally-affiliated Native American tribes, and Native Hawaiian organizations.
- Archeological Resources Protection Act: Requires federal agencies to review and issue permits for all proposed archaeological excavations on federal lands.
- American Indian Religious Freedom Act: Establishes the policy of the federal government “to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including, but not limited to, access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.”
- Executive Order 13007: Directs federal agencies to accommodate access to and ceremonial use of Native American sacred sites by Native American religious practitioners and avoid adversely affecting the physical integrity of such sites.
- Executive Order 13647: Establishes the White House Council on Native American Affairs.
Footnote
Federally recognized tribes often have interest in projects proposed on historic ancestral lands of the tribe. As a result, consultation should not be limited to projects solely on current reservation or tribal land.
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