american indian alaska native - uintah basin teaching american

American Indian&

Alaska Native

Tribal GovernmentPolicy

American Indian & Alaska NativeTribal Government Policy

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U.S. DEPARTMENT OF ENERGYAMERICAN INDIAN & ALASKA NATIVETRIBAL GOVERNMENT POLICY

PURPOSEThis Policy sets forth the principles to be followed by theDepartment of Energy (DOE) to ensure an effectiveimplementation of a government to government relation-ship with American Indian and Alaska Native tribalgovernments. This Policy is based on the United StatesConstitution, treaties, Supreme Court decisions, Execu-tive Orders, statutes, existing federal policies, tribal laws,and the dynamic political relationship between Indiannations and the Federal government1. The most impor-tant doctrine derived from this relationship is the trustresponsibility of the United States to protect tribal sover-eignty and self-determination, tribal lands, assets, re-sources, and treaty and other federally recognized andreserved rights. This Policy provides direction to allDepartmental officials, staff, and contractors regardingfulfillment of trust obligations and other responsibilitiesarising from Departmental actions which may potentiallyimpact American Indian and Alaska Native traditional,cultural and religious values and practices; naturalresources; treaty and other federally recognized andreserved rights.


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BACKGROUNDIndian nations are sovereign with unique political andlegal standing derived from a longstanding relationshipas stated in the Purpose section of this document. TheIndian nations retain an inherent right to self-governmentalauthority, and, therefore, Federal activities affecting self-governance rights and impacting upon trust resourcesrequire policy implementation in a knowledgeable andsensitive manner protective of tribal sovereignty andtrust resources. The DOE released its Indian Policy in1992 and subsequently issued DOE Order 1230.2 thatestablished the responsibilities and roles of the DOEmanagement in carrying out its policy. At the request ofIndian nations in 1998, the Secretary of Energy agreedto revise the 1992 American Indian Policy and effectcomprehensive implementation. This revision wasbased in part on comments from Indian nations andtheir leadership and replaces the 1992 Policy that is partof the 1992 Order.

DEFINITIONSIndian Nation means any American Indian or AlaskaNative Tribe, Band, Nation, Pueblo, or other organizedgroup or community, including any Alaska Native village[as defined or established pursuant to the Alaska NativeClaims Settlement Act (43 U.S.C. 1601 et seq.)], which isacknowledged by the Federal government to constitute atribe with a government to government relationship withthe United States and eligible for the programs, services,


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and other relationships established by the United Statesfor indigenous peoples because of their status as AmericanIndian and Alaska Native tribes, Bands, Nations, Pueblosor communities.

American Indian and Alaska Native Tribal Governmentmeans the recognized government of an Indian nationand any affiliated or component band government ofsuch nation that has been determined eligible for specificservices by Congress or officially recognized in 25 CFRPart 83, “Indian Entities Recognized and Eligible toReceive Services from the United States Bureau of IndianAffairs,” as printed in the Federal Register.

Trust Responsibility includes, but is not limited to:promotion and protection of tribal treaty rights, federallyrecognized reserved rights, and other federally recognizedinterests of the beneficiary American Indian and AlaskaNative nations; determining, documenting, notifying,and interacting with tribal governments with regard tothe impact of Departmental programs, policies, andregulations to protect American Indian and Alaska Nativetraditional and cultural lifeways, natural resources, treatyand other federally recognized and reserved rights.

Consultation includes, but is not limited to: prior totaking any action with potential impact upon AmericanIndian and Alaska Native nations, providing for mutuallyagreed protocols for timely communication, coordina-tion, cooperation, and collaboration to determine the


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impact on traditional and cultural lifeways, naturalresources, treaty and other federally reserved rightsinvolving appropriate tribal officials and representativesthroughout the decision-making process, including finaldecision-making and action implementation as allowedby law, consistent with a government to governmentrelationship.

Cultural Resources include, but are not limited to: ar-chaeological materials (artifacts) and sites dating to theprehistoric, historic, and ethnohistoric periods that arelocated on the ground surface or are buried beneath it;natural resources, sacred objects, and sacred sites thathave importance for American Indian and Alaska Nativepeoples; resources that the American Indian and AlaskaNative nations regard as supportive to their cultural andtraditional lifeways.

Treaty and Trust Resources and Resource Interestsinclude, but are not limited to: natural and otherresources specified and implicit in treaties, statutes, andagreements, or lands or other resources held in trust bythe United States for the benefit of tribes or individualIndian beneficiaries, including land, water, timber, fish,plants, animals, and minerals. In many instances, Indiannations retain hunting, fishing, and gathering rights, andaccess to these areas and resources on lands or watersthat are outside of tribally-owned lands.


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POLICY PRINCIPLES

I. DOE RECOGNIZES THE FEDERAL TRUSTRELATIONSHIP AND WILL FULFILL ITS TRUSTRESPONSIBILITIES TO AMERICAN INDIAN ANDALASKA NATIVE NATIONS.

The DOE will be diligent in fulfilling its federal trustobligations to American Indian and Alaska Nativegovernments in policy implementation and programmanagement activities. The DOE will pursue actions thatuphold treaty and other federally recognized and reservedrights of the Indian nations and peoples. The Departmentrecognizes that some Tribes have treaty-protected andother federally recognized rights to resources and resourceinterests located within reservation boundaries, aborigi-nal territories, and outside reservation and jurisdictionalboundaries, and will, to the extent of its authority, protectand promote these treaty and trust resources and resourceinterests, and related concerns in these areas.

When internal policies, regulations, and statutes, or otherbarriers prohibit or hinder the DOE trust protectionactions or participation in eligible program initiatives, theSecretary will direct the agency to seek corrective protec-tion measures, and tribal government program inclusion.

The DOE is committed to protecting treaty complianceand trust interests of Indian nations during interactions


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with state and local governments and other stakeholderswith regard to DOE actions impacting upon AmericanIndian and Alaska Native governments and peoples.The Department will inform and educate state and localgovernmental entities and other stakeholders aboutthe DOE’s role and responsibilities regarding its trustrelationship with Indian nations.

The DOE will seek to determine the impacts of Depart-mental-proposed legislation upon Indian nations, inextensive consultation and collaboration with tribes.The Secretary will implement this notice and consulta-tion effort consistent with the intent and purpose of thisPolicy.

II. THE DEPARTMENT RECOGNIZES ANDCOMMITS TO A GOVERNMENT TOGOVERNMENT RELATIONSHIP AND WILLINSTITUTE APPROPRIATE PROTOCOLS ANDPROCEDURES FOR PROGRAM AND POLICYIMPLEMENTATION.

The DOE recognizes Tribal governments as sovereignentities with primary authority and responsibility for theprotection of the health, safety and welfare of theircitizens. The Department will recognize the right ofeach Indian nation to set its own priorities and goals indeveloping, protecting, and managing its natural andcultural resources. This recognition includes separate


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and distinct authorities that are independent of stategovernments.

The Department, in keeping with the principle of self-governance, recognizes American Indian and AlaskaNative governments as necessary and appropriate non-Federal parties in the federal decision-making processregarding actions potentially impacting Indian countryenergy resources, environments, and the health andwelfare of the citizens of Indian nations. The DOE willestablish protocols for communication between triballeaders, the Secretary, and federal officials. The DOEwill ensure consistent application of program and policyimplementation with Indian nations through periodicreview, assessment, and collaboration with tribal repre-sentatives to audit protocol systems. Principles ofconsistent policy implementation will be tempered withconsideration of the diverse cultures and ideals of theIndian nations.

III. THE DEPARTMENT WILL ESTABLISHMECHANISMS FOR OUTREACH, NOTICE, ANDCONSULTATION, AND ENSURE INTEGRATIONOF INDIAN NATIONS INTO DECISION-MAKINGPROCESSES.

To ensure protection and exercise of tribal treaty andother federally recognized rights, the DOE will implementa proactive outreach effort of notice and consultation


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regarding current and proposed actions affecting tribes,including appropriate fiscal year budget matters. Thiseffort will include timely notice to all potentiallyimpacted Indian nations in the early planning stages ofthe decision-making process, including predraft consulta-tion, in the development of regulatory policies on mattersthat significantly or uniquely affect their communities.As appropriate, the DOE will provide delivery of technicaland financial assistance related to DOE-initiated regulatorypolicy, identifying programmatic impacts, and determiningthe significance of the impact. The DOE will continue toconduct a dialogue with Indian nations for long andshort term decision-making when DOE actions impactIndian nations. The DOE will comply with the Consulta-tion and Coordination With Indian Tribal GovernmentsExecutive Order 13084, May 14, 1998, and the Govern-ment to Government Relations With Native AmericanTribal Governments Executive Memorandum, April 29,1994.

The DOE will implement permanent workshops andprograms for field and headquarters staff on AmericanIndian and Alaska Native cultural awareness and tribalgovernance.

Due to the nature of the trust responsibility to tribalgovernments, performance reviews of consultationactivities will be conducted, in collaboration with tribalgovernments.


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IV. DEPARTMENT-WIDE COMPLIANCE WITHAPPLICABLE FEDERAL CULTURAL RESOURCEPROTECTION AND OTHER LAWS ANDEXECUTIVE ORDERS WILL ASSIST INPRESERVATION AND PROTECTION OFHISTORIC AND CULTURAL SITES ANDTRADITIONAL RELIGIOUS PRACTICES.

The Department will consult with any American Indianor Alaska Native tribal government with regard to anyproperty to which that tribe attaches religious or culturalimportance which might be affected by a DOE action.With regard to actions by DOE in areas not under DOEcontrol or when an action of another federal agency takesplace on DOE land, DOE will consult with tribes inaccordance with this Policy. Such consultation willinclude tribal involvement in identifying and evaluatingcultural resources including traditional cultural proper-ties; facilitating tribal involvement in determining andmanaging adverse effects; collaboration in the develop-ment and signing of memoranda of understanding withDOE, when appropriate.

Departmental consultation will include the promptexchange of information regarding identification, evalua-tion and protection of cultural resources. To the extentallowed by law, consultation will defer to tribal policieson confidentiality and management of cultural resources.Consultation will include matters regarding location and


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management methodology; repatriation and otherdisposition of objects and human remains; access tosacred areas and traditional resources located on DOElands, consistent with safety and national securityconsiderations; and cultural resources impact assessmentof potential loss to tribal communities.

The DOE will comply with current and forthcomingcultural resource protection laws and Executive Ordersincluding Native American Graves Protection andRepatriation Act; Archaeological Resources ProtectionAct; American Indian Religious Freedom Act; NationalHistoric Preservation Act; National Environmental PolicyAct; Freedom of Information Act; Privacy Act; IndianSacred Sites Executive Order 13007, May 24, 1996;Consultation and Coordination With Indian TribalGovernments Executive Order 13084, May 14, 1998;Government to Government Relations With NativeAmerican Tribal Governments Executive Memorandum,April 29, 1994; Tribal Colleges and Universities ExecutiveOrder 13021; Executive Order 12898 on EnvironmentalJustice.


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V. THE DEPARTMENT WILL INITIATE ACOORDINATED DEPARTMENT-WIDE EFFORTFOR TECHNICAL ASSISTANCE, BUSINESS ANDECONOMIC SELF-DETERMINATIONDEVELOPMENT OPPORTUNITIES, EDUCATION,AND TRAINING PROGRAMS.

The Department will implement a consistent nationaloutreach and communication effort to inform triballeaders and tribal program officials about access to in-ternships and scholarships; availability of technicalassistance and training opportunities; conventional andrenewable energy development programs; related tribalbusiness and individual member business enterprise,service-provider, and contracting opportunities.

The DOE recognizes the need for direct funding andtechnical assistance from applicable DOE-sponsoredprograms within the Department and the NationalLaboratories which deal with regulation, energyplanning, and development of energy resources ontribal lands and Alaska Native site-controlled andtrust lands.


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The Department will provide information and outreachprograms to tribal and individual member businesses onopportunities to participate, compete, and participate inrenewable and conventional energy generation, transmis-sion, distribution, marketing and energy services, grants,and contracts. The Department will assist in develop-ment of balanced, sustainable, and viable AmericanIndian and Alaska Native communities by continuing toimplement Title XXVI, Indian Energy Resources, of theNational Energy Policy Act that provides for the promo-tion of resource development and energy integration.

The Secretary will create programs that encourage andsupport the establishment of federal, private, tribal andintertribal partnerships. The Department will provideassistance and coordinate with other federal agencies inthe development of energy-related projects.

VI. THE SECRETARY OF ENERGY WILL CONDUCTAN ANNUAL TRIBAL LEADERS SUMMIT FORPERFORMANCE REVIEW OF POLICYIMPLEMENTATION AND ISSUE RESOLUTION.

The Secretary will engage tribal leaders in an annualdialogue, to discuss the Department’s implementation ofthe American Indian and Alaska Native Policy. Thedialogue will provide an opportunity for tribal leaders toassess policy implementation, program delivery, anddiscuss outreach and communication efforts, and otherissues.


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VII. THE DEPARTMENT WILL WORK WITH OTHERFEDERAL AGENCIES, AND STATE AGENCIES,THAT HAVE RELATED RESPONSIBILITIES ANDRELATIONSHIPS TO OUR RESPECTIVEORGANIZATIONS AS THEY RELATE TO TRIBALMATTERS.

The DOE will seek and promote cooperation with otheragencies that have related responsibilities. TheDepartment’s mission encompasses many complex issueswhere cooperation and mutual consideration amonggovernments (federal, state, tribal, and local) are essen-tial. The DOE will encourage early communication andcooperation among all governmental and non-federalparties regarding actions potentially affecting Indiannations. The DOE will promote interagency and interde-partmental coordination and cooperation to assist tribalgovernments in resolving issues requiring mutual effort.

1. This Policy is not intended to, and does not, grant, expand, create or diminish anylegally enforceable rights, benefits, or trust responsibilities, substantive or procedural,not otherwise granted or created under existing law. Nor shall this Policy beconstrued to alter, amend, repeal, interpret, or modify tribal sovereignty, any treatyrights of any Indian tribes, or to preempt, modify, or limit the exercise of any suchrights. Nothing herein shall be interpreted as amending or changing current DOE

orders and guidance regarding classified information, including need to know.


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Office of Congressional&

Intergovernmental Affairs1000 Independence Avenue, SW

Washington, DC 20585202-586-5450

www.energy.gov

PRINTED OCTOBER 2000

Printed on a paper blend of Post Consumer andKenaf Tree Free Fibers

U.S. Department of Energy

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