Guide on Consultation and Collaboration with Indian Tribal Governments and the Public Participation of Indigenous Groups and Tribal members in Environmental Decision Making [PDF 1.17mb] (from the National Environmental Justice Advisory Council, Indigenous Peoples Subcommittee, a federal advisory committee to the U.S. Environmental Protection Agency). The guide provides recommendations and information on what constitutes effective consultation, what consultation means, and methods for constructive communication with tribes.
A Guide for DOE Employees Working with Indian Tribal Nations [PDF 563kb] (December 2000). This guide is intended to help Department of Energy (DOE) employees and contractors build an effective working relationship with tribes. Included are topics on etiquette, how tribes make decisions, points of contact, existing agreements, etc.
“Section 106 Tribal Consultation Q & A’s”. The Federal Highway Administration (FHWA) has a website that provides brief summary statements on issues involving tribal consultation, including a discussion on what constitutes appropriate consultation methods.
Consulting with Indian Tribes in the Section 106 Process. This guidance from the Advisory Council on Historic Preservation clarifies the requirements for federal agencies to consult with Indian tribes, as outlined in 36 CFR 800.
Twenty Suggestions for Tribes Consulting with Land Managers [PDF 39kb], by Joe Watkins.
From SRI Foundation’s workshop Principles of Tribal Consultation, Dr. Watkins provides 20 helpful suggestions for agency officials and land managers consulting with tribal representatives. Guidance includes how to greet tribal people, establishing seating arrangements at meetings, allowing tribal members to open meetings with a prayer, and understanding tribal leadership roles.
Ten Suggestions for Consulting with Tribes [PDF 33kb], by Joe Watkins, from SRI Foundation’s workshop Principles of Tribal Consultation. Dr. Watkins provides ten suggestions for tribal representatives consulting and interacting with agency officials. This guidance includes understanding government-to-government relationships, keeping a written record of the consultation process, requesting copies of notes or meeting minutes from agency officials, and how to achieve a more effective and beneficial working relationship among all parties.
Minimum Levels of Contact [PDF 452kb]. Updated and modified by Joe Watkins, adapted from “Federal Consultation with Native Americans,” by C. Timothy McKeown, in Common Ground 2(2), 1997. This table outlines the minimum levels of consultation required by statute in terms of different types of undertakings.
Transportation Circular EC039. Conference on Transportation Improvements [PDF 6.62mb]. Experiences among Tribal, Local, State, and Federal Governments, September 2002. This TRB Circular reports on the proceedings of a conference held in Albuquerque, New Mexico in the fall of 2001. The conference’s goal was to report on and examine present best practices on effective government-to-government relationships. The case studies discussed at the conference demonstrate the value of including tribes in the planning phases of new projects. Panel presentations provided case studies about agency and tribal experiences in Alaska, Arizona, Nevada, New Mexico, and Washington. The section entitled “Workshop Sessions,” beginning on page 77 of the Circular, outlines key issues associated with tribal consultation.
“The Navajo Nation Model: Tribal Consultation Under the National Historic Preservation Act,” [PDF 125kb] by Alan Downer, in CRM Magazine, Volume 23 (No. 9). This article presents the Navajo Nation Historic Preservation Division’s views on tribal consultation, its efforts to consult and communicate with other Indian tribes, and its development of a programmatic approach to consultation.
“Two Views of the World,” [PDF 177kb] by Sally Thompson Greiser and T. Weber Greiser, in CRM Traditional Cultural Properties, Volume 16, 1993. This article examines tribal consultation in the context of understanding political, linguistic, cultural and religious differences between indigenous peoples and agency goals and responsibilities.
Common Ground: Speaking Nation to Nation, Summer/Fall 1997, vol. 2(3/4). This volume of the National Park Service’s Common Ground contains many articles about tribal consultation and historic preservation.Articles examine the meaning of consultation and provide examples of best practices in tribal consultation. This volume of Common Ground can be accessed at: (http://www.cr.nps.gov/aad/cg/vol2_num3-4/index.htm).
Native Americans and Archaeologists: Stepping Stones to Common Ground, [PDF 4.59mb] edited by Nina Swidler, Kurt E. Dongoske, Roger Anyon, and Alan S. Downer, 1997, Walnut Creek, CA, AltaMira Press (www.altamirapress.com). This volume is the result of several sessions organized at the Society for American Archaeology’s 1996 annual meeting. The volume contains a section with seven articles on tribal consultation. One article from this book, “The Seeds of Common Ground: Experimentations in Consultation,” by David G. Rice, is a particularly useful guide for improving tribal consultation. The PDF of this article is provided with permission by the publisher and author.
American Indians and the Nevada Test Site: A Model of Research and Consultation, by R. Stoffle, M. Zedeno and D. Halmo, 2001, U.S. Government Printing Office, Washington, D. C. This volume describes the Department of Energy’s (DOE’s) tribal consultation efforts associated with the mitigation of historic properties on the Nevada Test Site. Consultation involved 16 Indian tribes, three ethnic organizations, and one pan-Indian organization. Eight other tribes consulted on a project-by-project basis. Innovative aspects of this effort included the inclusion of Indian-authored text in reports and environmental impact statements (including this volume) and the establishing a DOE agency-wide policy on best consultation practices based on the work at the Nevada Test site.
“Significance and Traditional Cultural Properties,” [PDF 529kb] by Alan S. Downer, in Transportation Research, Number E-C055, August 2003, National Forum on Assessing Historic Significance for Transportation Programs, May 23-25, 1999, Washington, D.C. Transportation Research Board of the National Academies. In this article, the author discusses what constitutes a reasonable and good faith effort for identifying traditional cultural properties, the importance of having an open mind, and listening and talking to traditional experts.
“Native American Consultation: Some Guidelines,” [PDF 2.25mb] by Nina Swidler (Navajo Nation Historic Preservation Division), in Preservation Notes, Transportation Research Board, Committee on Archaeology and Historic Preservation, November 2000. This article presents both guidelines for tribal consultation and how to identify appropriate points of contact within tribes.
“Consultation with American Indian Tribal Governments and the Transportation Process,” [PDF 1.19mb] by Janet E. Spivey (New Mexico Department of Transportation) in Preservation Notes, Transportation Research Board, Committee on Archaeology and Historic Preservation, November 2000. This article presents a discussion on the principles and meaning of tribal consultation. [back to top] |
