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HOBBS STRAUS DEAN & WALKER, LLP

GENERAL MEMORANDUM 11

Administration for Children and Families Issues Tribal Consultation Policy

On August 18, 2011, the Administration for Children and Families (ACF) issued

its tribal consultation policy (p

many of which directly impact tribes: Children's Bureau; Family and Youth Services

Bureau; Administration for Native Americans; Child Care; Child Support Enforcement;

Family Assistance (Temporary Assistance for Needy Families); and Head Start.

notes that its new policy does not

Health and Human Services'

The policy details how ACF, one o

consultation request; the types of activities

timelines for acknowledgment of consultation requests and reporting on the outcomes of

consultation; frequency of agency

appeal on issues which have not been resolved durin

the relationship with workgroups and Native organizations.

A minimum of one agency

which ACF budget, programs

Native Americans, working through

will coordinate the agency-wide consul

If a tribe(s), following completion

an ACF decision, it may file an appeal to the Secret

regard to waivers, the policy provides that ACF "consistent wi

Consultation Policy and as practicable and permitted by law"

other alternatives that would be to tribes

objectives.

ACF will provide opportunity

recognized tribes, tribal colleges, Alaska Regional Corporations

Tribal/federal workgroups will be con

be required to operate within the Federal Advisory Committee

1 We reported on the ACF draft policy in our General Memorandum 10

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P WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | S

September 1, 2011

GENERAL MEMORANDUM 11-105

Administration for Children and Families Issues Tribal Consultation Policy

On August 18, 2011, the Administration for Children and Families (ACF) issued

tion policy (policy).1 The (attached) policy applies to all ACF offices,

many of which directly impact tribes: Children's Bureau; Family and Youth Services

Bureau; Administration for Native Americans; Child Care; Child Support Enforcement;

Family Assistance (Temporary Assistance for Needy Families); and Head Start.

does not conflict with nor diminish or waive the Department of

(DHHS) tribal consultation policy.

how ACF, one of its offices, or a tribe may initiate a

consultation request; the types of activities and the parties involved in consultation;

ment of consultation requests and reporting on the outcomes of

agency-wide consultation; methods of consultation;

appeal on issues which have not been resolved during consultation in tribes' favor; and

h workgroups and Native organizations.

A minimum of one agency-wide consultation session will take place annually

which ACF budget, programs and policies will be discussed. The Administration for

Native Americans, working through ACF's Native American Affairs Advisory Council

wide consultation session.

tribe(s), following completion of the consultation process, is not satisfie

CF decision, it may file an appeal to the Secretary of DHHS for a decision.

regard to waivers, the policy provides that ACF "consistent with HHS Tribal

and as practicable and permitted by law" is to consider waivers and

that would be to tribes' advantage in achieving ACF program

ACF will provide opportunity for input from Indian organizations, state

eges, Alaska Regional Corporations and others.

ederal workgroups will be convened, subject to availability of funding

d to operate within the Federal Advisory Committee Act guidelines.

We reported on the ACF draft policy in our General Memorandum 10-152 (December 17, 2010).

SACRAMENTO, CA

Administration for Children and Families Issues Tribal Consultation Policy

On August 18, 2011, the Administration for Children and Families (ACF) issued

policy applies to all ACF offices,

many of which directly impact tribes: Children's Bureau; Family and Youth Services

Bureau; Administration for Native Americans; Child Care; Child Support Enforcement;

Family Assistance (Temporary Assistance for Needy Families); and Head Start. ACF

or waive the Department of

initiate a

involved in consultation;

ment of consultation requests and reporting on the outcomes of

methods of consultation; tribal

g consultation in tribes' favor; and

annually at

stration for

airs Advisory Council,

of the consultation process, is not satisfied with

for a decision. With

th HHS Tribal

waivers and

advantage in achieving ACF program

put from Indian organizations, state-

and others.

vened, subject to availability of funding, and will

guidelines.

152 (December 17, 2010).

General Memorandum 11-105

September 1, 2011

Page 2

HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA

The policy includes a set of definitions. Consultation is:

An enhanced form of communication, which 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.

Consultation is integral to a deliberative process, which results in effective

collaboration and informed decision-making with the ultimate goal of reaching

consensus on issues.

Please let us know if we may provide additional information regarding the

Administration for Children and Families tribal consultation policy.

# # #

Inquires may be directed to:

Karen Funk (kfunk@hobbsstraus.com)