Federal Tribal Policies

Executive Orders and Federal Policies

Several Federal laws and Executive Orders relate to the Federal government’s Government-to-Government relationship with Tribes and to cultural resource consultation. The U.S. General Service Administration’s webpage details these laws and orders.

Memorandums and 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 - WIPP Shipments

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

• DOT Tribal Consultation Plan

• DOT Tribal Consultation Policy - DOT is currently reviewing and updating their Tribal Consultation Policy (DOT Order 5301.1A). A draft version is available for review and comment by DOT's deadline of May 31, 2022.

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 (ANP) is under the Advanced Notification Rule, the purpose of which is to inform tribes that choose to receive advance notification of shipments of irradiated reactor fuel and other nuclear wastes passing across their reservation. The 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. Currently, the following federally recognized tribes participate in the Tribal Advance Notification program: Cabazon, Morongo Band of Mission Indians, Navajo Nation, Seneca Nation of Indians and Shoshone-Bannock Tribes. A brochure on the NRC's Tribal Advance Notification is available here.

Additional Resources

• The U.S. Government Accountability Office (GAO) released a 2019 report examining key factors Tribes and federal agencies identified which hinder effective consultation in relation to infrastructure projects. The report identified federal agencies with Tribal consultation policies, which agencies took steps to facilitate tribal consultation, and key factors identified by Tribes and federal agencies that hindered consultation. The GAO report can be accessed on their website.

• National Congress of American Indians list of consultation materials and policies organized by federal agency.