Federal Tribal Policies

Executive Orders and Federal Policies 

The federal government has several policies and Executive Orders to facilitate its government-to-government relationship with tribes and cultural resource consultation. The U.S. General Service Administration’s (GSA's) webpage details these guidelines and policies.

Memorandums of Understanding (MOUs)

• Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships (January 2021) 

• MOU Regarding Interagency Coordination and Collaboration for the Protection of Indigenous Sacred Sites (November 2021)

U.S. Department of Energy (DOE) Tribal Relations Orders and Policies

• DOE Order 144.1: American Indian Tribal Government Interactions and Policy

• DOE Policy 141.1: Management of Cultural Resources 

• DOE Order 460.2B: Departmental Materials Transportation Management

• Carlsbad Field Office Tribal Program Waste Isolation Pilot Plant (WIPP) Shipments

U.S. Department of Transportation (DOT) Tribal Relations Orders and Policies

• DOT Tribal Consultation Plan 

• DOT Tribal Consultation Policy 

U.S. Department of Homeland Security (DHS) Tribal Relations Orders and Policies

• DHS Tribal Consultation Policy 

• DHS Tribal Resources Guide

Nuclear Regulatory Commission (NRC) Tribal Relations Policies and Protocols 

• Tribal Policy Statement

• Tribal Protocol Manual

• Tribal Advance Notification: The NRC's Advanced Notification Program is under the Advanced Notification Rule, which notifies participating tribes in advance of shipments of spent nuclear fuel and other nuclear wastes passing across their reservations. The Advanced Notification Rule recognizes tribal sovereignty and the tribal governments' interest in being informed of activities occurring on tribal reservations. States automatically receive advance notification of shipments. However, tribes must opt-in to receive these notifications. The following federally recognized tribes participate in the NRC's Advance Notification Program: Cabazon, Morongo Band of Mission Indians, Navajo Nation, Seneca Nation of Indians, and Shoshone-Bannock Tribes. An NRC Tribal Advance Notification brochure is available if you desire more information.

Additional Resources

• The U.S. Government Accountability Office (GAO) released a 2019 report examining key factors tribes and federal agencies identified that hinder effective consultation relating to infrastructure projects. The report identified federal agencies with tribal consultation policies, which of these agencies took steps to facilitate tribal consultation, and key factors tribal and federal agencies identified as hindering consultation. The report can be accessed on the GAO website.

• The National Congress of American Indians has listed consultation materials and policies organized by federal agency.