Overview of Tribal Sovereignty and Federal Consultation

Description

This one-day workshop focuses on the Government-to-Government relationship between Federal government agencies and Native American Tribal governments. We will discuss the evolution of Tribal and Federal government relationships, Tribal Sovereignty, and current expectations and requirements for government-to-government consultation.  Participants will learn about the Executive Orders and White House Memorandums imposing expectations for federal agency consultation with Indian tribes , beginning with President Clinton’s 1994 Executive Order through President Biden’s 2022 Presidential Memorandum, and including E.O. 13175, Consultation and Coordination with Indian Tribal Governments.  We will also review best practices for government-to-government consultation as identified by the Working Group of the Memorandum of Understanding Regarding Interagency Coordination and Collaboration for the Protection of Tribal Treaty and Reserved Rights.

Objectives

Upon completion of this workshop, participants will be able to do the following:

  • Understand the historical relationship between the Federal government and Native American tribes.

  • Learn about Federal policies in place requiring government-to-government consultation, with a focus on E.O. 13175 and the 2022 White House Memorandum on Uniform Standards for Tribal Consultation.

  • Recognize requirements associated with those policies when Federal agencies are working with Tribal governments.

  • Learn about opinions issued by the Federal courts’ regarding Tribal treaties and rights.

  • Learn about certain federal laws involving consultation with Native Americans.

  • Know which types of Federal actions require government-to-government consultation.

  • Realize best practices for government-to-government consultation, particularly those identified by the Working Group of the Memorandum of Understanding Regarding Interagency Coordination and Collaboration for the Protection of Tribal Treaty and Reserved Rights.

Content

We tailor each workshop to meet the needs of the participants. The basic format of the interactive workshop includes the following components:

  • Review the history of the Federal government’s relationship with Indian tribes, including the signing of treaties, the Dawes Act, 1934 Indian Reorganization Act, the efforts in the 1940s and 1950s to terminate reservations, and the Federal government’s abandonment of those efforts in the 1960s through present day.

  • Recognize the origins of Tribal Sovereignty and its role in government-to-government consultation.

  • Discuss various laws requiring consultation with Indian tribes and policies issued by Presidents Clinton, Obama, and Biden recognizing Tribal sovereignty and requiring government-to-government consultation with tribes.

  • Explore what government-to-government consultation means and how to meet the policies’ requirements.

  • Review Federal court opinions on tribal sovereignty and rights.

  • Examine best practices for government-to-government consultation as identified by the Working Group of the Memorandum of Understanding Regarding Interagency Coordination and Collaboration for the Protection of Tribal Treaty and Reserved Rights.

Audience

Participants for this training generally include federal governmental cultural and natural resource managers, environmental planners, and agency decision-makers.

Process

The Overview of Tribal Sovereignty and Federal Consultation is an interactive workshop designed with both new and experienced resource managers and decision-makers in mind. For optimal learning, class size is limited to 20 participants. This 1-day workshop consists of a carefully designed combination of the following:

  • 80% Lecture

  • 20% Exercises

Materials

Participants receive a comprehensive workshop manual designed to support the instruction and to serve as an ongoing reference.