Tribal Consultation

What is Federal Tribal Consultation?

The United States government has a unique relationship with Indigenous Nations as set forth in the U.S. Constitution and in treaties, statutes, judicial decisions, Executive Orders, and presidential memorandums. One of the ways this relationship is acknowledged is through Tribal Consultation. Since 1994, through Executive Orders and Presidential memoranda, Tribal Consultation has been reaffirmed, revoked, superseded, and reaffirmed again, most recently by President Biden in a memorandum issued on January 26, 2021. This memorandum was sent to the heads of all executive departments and agencies reaffirming that the United States has a unique legal and political relationship with Indian tribal governments and that pursuant to Executive Order 13175, executive departments and agencies were charged with engaging in regular and meaningful consultation and collaboration with Tribes in matters that impacted them prior to any discussions or decisions being made about these matters.

As a result of President Obama’s Presidential memorandum issued in 2009, executive departments and agencies instituted or enhanced their Tribal Consultation Policy and worked to strengthen and commit to their government-to-government responsibility and relationship to Indian tribes.

2021 Memorandum on Tribal Consultation and Strengthening Nation to Nation Relationships

What is the purpose of Tribal Consultation?

Tribal Consultation is an enhanced form of communication that emphasizes trust, respect, and shared responsibility. It is an open and free exchange of information and opinion among parties, which leads to mutual understanding and comprehension. To establish and maintain a positive government-to-government relationship, communication and consultation must occur on an ongoing basis so that Tribes have an opportunity to provide meaningful and timely input on issues that may have a substantial direct effect on them.¹

What happens at Tribal Consultation?

At the Consultation, Tribal leaders or their designees outline their concerns and speak to the unmet funding and other resource needs of their communities and the needs that the federal government has agreed to provide as part of their federal trust responsibility. Because Indigenous Nations are sovereign like other countries this is the equivalent to a State visit or a meeting at the United Nations.

Can I attend a Tribal Consultation?

In recent years, Tribal Consultations have become open to the public to attend. As a guest, it is important to recognize the magnitude of the event. Guests are there to listen, observe and learn. As a guest, you are not there to speak or give an opinion.

What to expect

Different federal agencies facilitate Consultations in different ways. Some have very strict protocol on who may speak, such as only the leader of the Indigenous Nation or their representative. Other consultations may be more informal and allow anyone from an Indigenous Nation to speak.

Domestic Violence & Tribal Consultation

Department of Health and Human Services — Family Violence Prevention & Services Act²

The Department of Health and Human Services has Tribal Consultation Policy and the Administration for Children and Families has issued a 2020 Fact Sheet on Tribal Consultation.³ In the summer of 2021, the FVPSA office hosted its first Tribal Consultation specific to the needs of Indigenous Nations and tribal domestic violence programs.

Learn more about the concerns that were presented at the 2021 Tribal Consultation in this article from the National Indigenous Women’s Resource Center (NIWRC).

What is State Tribal Consultation?

Consultations can also be held at the state level between state government and tribal governments.

Should State Domestic Violence Coalitions engage in consultation with Indigenous Nations?

State domestic violence coalitions should also be in consultation with tribal leaders. This consultation, while different from a government-to-government Consultation, has a similar goal. State coalition Executive Directors and staff should meet with tribal coalition Executive Directors and staff and tribal programs to hear about the needs of the community and identify ways if appropriate or needed that the state coalition can partner and support the community. Consultation should lead to collaboration, coordination and open lines of communication. The meaningful inclusion of tribal nations, tribal coalitions and programs should lead to increased access for survivors to services, state coalition membership options for tribes (if that is what they desire), and an amplification of tribal voices at the state and federal level for equitable treatment of Native communities and survivors of domestic violence.