Consultation with Tribal Nations Who Gets to Define Right

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Consultation with Tribal NationsWho Gets to
Define Right?
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Consultation

• The responsibility of the NRCS to seek advice,
  guidance, and counsel from and to confer with
  American Indian and Alaska Native tribes, with
  regard to natural resource conservation issues
  that may affect a tribe. (NRCS General Manual
  410-405.2, August 2000)

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Federally recognized American Indian Nations are
DIFFERENT from all other NRCS customers.
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What does this unique status mean to the NRCS?
Federally recognized tribes are - Limited
Sovereigns - Legally independent (in
many instances) - Separate Governments -
Culturally Different
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Tribal Nations are also culturally,
linguistically, socially, politically, and
historically UNIQUE.
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Tribal Nations, as our customers, AND as
domestic sovereigns,want a more comprehensive
approach to consultation, not limited by simple
compliance.
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Asking for Tribal Consultation

• Individual tribes vary widely in
• Available Staff
• Expertise
• Organization
• Areas of Interest (geographic and topical)
• Response Time
• Agency Recognition

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Consultation is a PROCESS
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• The NRCS Consultation PROCESS consists of six
  parts

Contacting Tribal Nations - Establishing
Relations Defining Consultation Determining
Appropriate Contacts Establishing Government to
Government Relations Determining How to Best
Use Specific Consultation
Episodes Maintaining a Sound Relationship
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Government-to-Government Relationsvs.Specific
Consultation Episodes
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Government-to-Government Relationship Addresses

• Broad, long term, issues as determined by tribal
  and agency leaders
• General tribal positions on resource management
  issues
• Personal relationships, trust, and consensus
  between leaders

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Specific Consultation Episodes

• Specific consultation episodes should be
  focused on individual projects and/or issues,
  and should involve designated technical
  specialists on tribal and NRCS staffs.

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Whats Left? And Whats Right?

• Getting it right calls for
• Recognizing the unique legal, cultural, and
  historical status of tribal nations
• Working with tribal nations on a
  government-to-government basis
• Asking tribal nations how to set up consultation,
  and finally,
• Focusing on process and relationships, rather
  than simple compliance.