The U.S. Department of the Interior has updated policies and procedures that will help Indigenous communities be involved in federal decision-making.
The action will help encourage consultation with American Indian and Alaska Native Tribes, according to a Dec. 1 news release. The department also set up a second policy “for consultation with Alaska Native Claims Settlement Act (ANCSA) Corporations.”
“Tribes deserve a seat at the decision-making table before policies are made that impact their communities. Our ongoing efforts to evolve and strengthen consultation policies and procedures will ensure that Tribal Nations can engage at the highest levels of the federal government on the issues that matter most to their people,” Interior Secretary Deb Haaland said in the release. “From climate resilience to clean energy investments, the Biden-Harris administration has made available unprecedented resources for Indian Country – but we can only maximize those investments by working directly with Tribes.”
The Tribal consultation policy aims to encourage early, interactive, pre-decisional, informative and transparent consultation; establish a model for seeking consensus; require staff undergo training before participating in consultations; codify the Secretary's Tribal Advisory Committee; prioritize regulation waivers when in the best interest of Tribes; clarify that the department's decision-makers must invite Tribes to engage in consultation; and require a record of consultation, according to the release.
The Alaska Native Corporation Consultation policy and procedures will "outline the requirements for consultation between ANCSA Corporation officials and department officials; clarify that the departmental manual chapter applies to all department bureaus and offices; identify the responsibilities of the department bureaus and offices in the consultation process; and establish an ANCSA Corporation consultation annual report for department bureaus and offices,” the release reported.
“We must develop collaborative partnerships with Tribal nations so that we uphold our trust responsibilities and build consensus when developing policies that impact Tribes. These updated policies and procedures will further our work at the Department to protect and strengthen Tribal sovereignty,” Assistant Secretary for Indian Affairs Bryan Newland said in the release. “Consultation is the cornerstone of the political relationship between the United States and Tribal Nations as we work to revitalize the way of life for Indian people.”
The new policies will complement President Joe Biden’s Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships, announced Jan. 26, 2021, according to a White House statement. Biden said the constitution, statues, treaties, executive orders and court decisions recognize American Indian and Alaska Tribal Nations as sovereign governments.
“It is a priority of my administration to make respect for Tribal sovereignty and self-governance, commitment to fulfilling federal trust and treaty responsibilities to Tribal Nations, and regular, meaningful and robust consultation with Tribal Nations cornerstones of federal Indian policy,” Biden said in the statement.
It's vital to honor commitments the U.S. made to Tribal nations more than 200 years ago, Biden said in the statement. The U.S. faces “crises related to health, the economy, racial justice and climate change — all of which disproportionately harm Native Americans,” he said.
“History demonstrates that we best serve Native American people when Tribal governments are empowered to lead their communities, and when federal officials speak with and listen to Tribal leaders in formulating federal policy that affects Tribal Nations,” Biden said in the statement.
