Tribal Consultation

The Permitting Council is committed to enhancing Tribal engagement and engaging in meaningful consultation during the infrastructure permitting process. Our agency  developed a comprehensive Tribal Consultation Policy and Plan to guide its interactions with federally recognized Tribes, particularly concerning activities that may affect Tribal interests. This plan is shaped by principles outlined in Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments,” reflecting a commitment to respect Tribal sovereignty and self-governance. The policy covers various aspects of the Council's operations, from enhancing the transparency and coordination of environmental reviews to facilitating meaningful dialogue and collaboration with Tribal Governments.  

Tribal Consultation Policy and Plan 

Key components of the document include funding assistance through the Tribal Assistance Program for FAST-41 covered projects and establishing roles such as a Tribal Governance Officer and a Tribal Liaison Officer to manage consultation efforts. This policy is crucial for ensuring that Tribal inputs are considered respectfully and effectively in the permitting process, thereby fostering a collaborative environment for infrastructure development. 

Section 1: Background 

The Federal Permitting Improvement Steering Council (Permitting Council), established in 2015, oversees the implementation of FAST-41, aiming to enhance the transparency and efficiency of environmental reviews and authorizations for infrastructure projects. The Council includes representatives from multiple federal agencies and is responsible for promoting improved project management practices, which are vital for maintaining effective environmental reviews and authorizations. 

Section 2: Authority 

The Permitting Council operates under directives that uphold the Nation-to-Nation relationships between the U.S. and federally recognized Tribes, emphasizing the importance of meaningful, regular, and robust tribal consultations. These directives are aligned with President Biden's 2021 memorandum and earlier policies aiming to strengthen these relationships through structured consultation processes. 

Section 3: Scope

This policy outlines the Permitting Council's approach to consulting with Tribes on matters that could impact Tribal interests, except for direct environmental reviews or authorizations of infrastructure projects under FAST-41, which are handled by individual federal agencies with their consultation protocols. 

Section 4: Responsibilities

Responsibilities are delineated for the Tribal Governance Officer (TGO) and Tribal Liaison Officer (TLO) who manage the consultation processes. This includes ensuring compliance with established policies, overseeing consultation documentation, and coordinating with federal and tribal entities to ensure effective communication and consultation outcomes. 

Section 5: Consultation Principles

The principles of consultation emphasize a respectful, two-way dialogue that recognizes and values Tribal sovereignty and aims for consensus and mutual respect. These principles guide the consultation process, ensuring that Tribal input is thoughtfully considered in the decision-making processes of the Federal Government. 

Section 6: Determining Whether Consultation Is Appropriate

This section details the criteria and processes for determining the necessity and scope of Tribal consultations, ensuring that such determinations are made fairly and promptly to respect Tribal input and address any actions with potential Tribal implications. 

Section 7: Notice of Consultation

Guidelines for providing timely and detailed notices to Tribes about upcoming consultations are specified, ensuring that Tribes have adequate information and time to prepare for meaningful participation. The process aims to facilitate proactive engagement and feedback from Tribal leaders. 

Section 8: Conducting the Consultation

The actual conduct of consultations is expected to be inclusive and iterative, allowing for comprehensive dialogue and exchange of views between the Permitting Council and Tribal representatives. This includes using various formats for meetings and ensuring the presence of decision-makers to foster meaningful discussions. 

Section 9: Record of the Consultation

After consultations, a formal record is to be prepared and approved, documenting the discussions and any agreements or feedback. This record is crucial for transparency and for informing subsequent actions and decisions related to the consultations.