Consultation with Tribes
On this page:
- EPA Policy on Consultation with Indian Tribes
- Guidance for Discussing Tribal Treaty or Similar Rights in Consultation with Tribes
- Guiding Principles for Consulting with Alaska Native Claims Settlement Act Corporations
EPA Policy on Consultation with Indian Tribes
2023 Revisions to the Policy and Guidance
The EPA Policy on Consultation with Indian Tribes was established in 2011, followed by the Guidance for Discussing Tribal Treaty or Similar Rights in 2016, making EPA among the first federal agencies to provide such guidance. Both documents were revised in 2023. The following Fact Sheet outlines why and how the Policy and Guidance were revised. Fact Sheet: Revised EPA Consultation Policy and Tribal Treaty or Similar Rights Guidance (pdf)
EPA Policy on Consultation with Indian Tribes
The EPA Policy on Consultation with Indian Tribes establishes clear EPA standards for the consultation process. It defines when and how consultation takes place, designates EPA consultation contacts to promote consistency and coordination of the process, and establishes management oversight and reporting to ensure accountability and transparency. The Policy sets a broad standard for when EPA should consider consulting with federally recognized Tribal governments based on Executive Order 13175 and the EPA Policy for the Administration of Environmental Programs on Indian Reservations.
EPA Policy on Consultation with Indian Tribes (pdf)
Guidance for Discussing Tribal Treaty or Similar Rights
EPA’s Guidance for Discussing Tribal Treaty or Similar Rights complements the Policy by outlining a process to help navigate discussions with Tribes during government-to-government consultations on agency actions or decisions that may affect such rights. It is part of EPA’s efforts to improve the methods and processes in place to meet the commitment to honor and respect rights reserved or held by Tribes through treaties, statutes, or executive orders and the resources protected by such rights.
Guiding Principles for Consulting with Alaska Native Claims Settlement Act Corporations
Under federal law, EPA is required to consult with Alaska Native Claims Settlement Act (ANCSA) Corporations on the same basis as Indian Tribes under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. These Guiding Principles are designed to clarify how EPA engages in consultation and coordination with ANCSA corporations.
Guiding Principles for Consulting with ANCSA Corporations (pdf)