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Tribal Consultations Archive

Consideration of Revisions to the Federal Acknowledgment Regulations

Please note that the deadline for providing comments on the Discussion Draft is September 25, 2013.


Draft Rule to establish standards for Leasing and Fundraising at BIE-operated schools


Preparation of 2013 American Indian Population and Labor Force Report


Indian Affairs Administrative Organizational Streamlining

Tribal Consultation Meeting Minutes:

Additional Consultation Documents:

BIA Streamlining Tribal Consultations:

BIE Streamlining Tribal Consultations:


Bureau of Indian Education - U.S. Department of Education Memorandum of Understanding


Consultation Meeting Minutes


BIE Flexibility Waiver Request from Sections of the No Child Left Behind Act of 2001


Buy Indian Act


Sacred Sites on Federal Lands


Final Rule: Residential, Business, and Wind and Solar Resource Leases on Indian Land


Proposed Revisions to the Leasing Regulations to 25 CFR 162

Transcripts of Consultation Sessions:


Draft Regulations that would Establish Subparts to 25 CFR 162 (Leases and Permits)

For review and input, draft regulations that would establish subparts to 25 CFR 162 (Leases and Permits) addressing residential leasing, business leasing, and wind and solar permitting and leasing.

Consultation Meeting Transcripts:


Categorical Exclusion on National Environmental Policy Act (NEPA)


Draft Indian Affairs Manual (IAM), BIE Health and Wellness Policy for K-12 Schools


DOI Revising and Streamlining the Current Strategic Plan for FYs' 2011 to 2016.

The Department of the Interior is in the process of revising and streamlining the current Strategic Plan for fiscal years 2011-2016.  The Plan is used as a road-map for the Department, and a means of communication its goals and specific commitments to the public, stakeholders, and employees.

Click here to get the entire Tribal Leaders Letter and consultation schedule.


Review of the "Current Guidance and Regulatory Standards" for Taking Land Into Trust for Gaming Purposes

On July 18, 2010, Secretary Salazar issued a directive recommending a thorough review of the "current guidance and regulatory standards" used to make decisions for two-part determinations under Section 20(b)(1)(A) or IGRA, 25 U.S.C. 2719(b)(1)(A).  In accordance with the Secretary's directive, and with keeping with Interior's commitment to government-to-government consultation, we are engaging tribal governments on: (1) the January 3, 2008 Memorandum regarding Guidance on Taking Off-reservation land into Trust for Gaming purposes; (2) the need to revise any of the provisions of 25 C.F.R. 292, Subpart A and Subpart C; and (3) whether the Department's process of requiring compliance with 25 C.F.R. Part 151comes before or after the two-part determination.


DOI Tribal Consultation Policy

In November 2009, the Department of the Interior announced efforts to develop its department-wide tribal consultation policy in accordance with the President's Executive Memorandum of November 5, 2009 implementing Executive Order 13175.  Click on the links to download the following documents:

  • The letter to tribal leaders dated November 23, 2009
  • The news release dated November 25, 2009

Initial Consultation Sessions: December 2009 and January 2010

The Department held tribal consultation sessions in December 2009 and January 2010 on developing DOI's tribal consultation policy. For more information, click on the links to download the following documents:

  • The letter to tribal leaders dated November 23, 2009
  • The news release dated December 2, 2009

The deadline for written comments was no later than January 15, 2010 by email to tribalconsultation@bia.gov or by postal service to the Office of the Assistant Secretary-Indian Affairs, U.S. Department of the Interior, 1849 C St., N.W., MS-4141-MIB, Washington, D.C. 20240.


Nominations for DOI Tribal Consultation Team Members

In March 2010, the Department requested nominations from the federally recognized tribes of tribal officials or delegates from each BIA region for the DOI Tribal Consultation Team.  The Team will draft the Department's tribal consultation policy in accordance with its plan of actions to implement the President’s Executive Memorandum on Executive Order 13175.  Click on the links to download the following documents:

  • The letter to tribal leaders dated March 22, 2010.
  • The DOI Plan to Develop a Tribal Consultation and Coordination Policy.
  • The DOI Consultation Team Nomination Form.

The deadline for submitting nominations to the BIA Regional Directors was April 30, 2010.  The nominations were to be sent to the BIA Regional Director appropriate to the submitting tribe at his or her Regional Office address.


Announcement of DOI Tribal Consultation Team Members

In a letter to tribal leaders dated August 19, 2010, the Department announced the members of the DOI Tribal Consultation Team.  The Team is comprised of DOI officials and tribal representatives who will be involved in the process of drafting DOI's department-wide tribal consultation policy.  Click on the link to download the following document:

Tribal Law and Order Act of 2010 Consultation Schedule

On July 29, 2010, President Obama signed the Tribal Law and Order Act of 2010 (TLOA), It requries the Bureau of Indian Affairs (BIA), Office of Justice Services to establish certain policies, procedures and guidelines in consultation with tribes. A series of consultation meetings will be held in October.

To get the entire Tribal Leaders Letter and Consultation Schedule, click here

Tribal Law and Order Act 2010 - Consultation Transcripts


Buy Indian Act

The Indian Affairs Office of Acquisition and Property Management (OAPM) will conduct tribal consultation with federally recognized tribes on April 26, 28 and 30, 2010 on draft regulations to implement the Buy Indian Act (25 U.S.C. 47). The Act provides authority to set aside procurement contracts for qualified Indian-owned businesses. Click here to download the following documents:

  • The Tribal Leader letter dated March 18, 2010 in .pdf format.
  • The Federal Register notice dated March 26, 2010 announcing the consultation meetings.
  • The draft of regulations to implement the Buy Indian Act.

The deadline for submitting written comments to the Director of the Indian Affairs Office of Acquisition and Property Management is no later than May 15, 2010 by email or postal service. The email address is: kathy.daum@bia.gov. The postal address is: Kathy N. Daum, Director, Office of Acquisition and Property Management-Indian Affairs, U.S. Department of the Interior, 2051 Mercator Drive, Reston, Virginia 20191.


The Ongoing Tragedy of Suicide in Indian Country

The Office of the Assistant Secretary-Indian Affairs, Indian Health Services and the Substance Abuse and Mental Health Services Administration have teamed up to hold a series of tribal consultation meetings on the ongoing tragedy of suicide in Indian country. This effort is in preperation for a national Suicide Awareness Conference to be held early next year and presents an opportunity for the Department of the Interior, Department of Health and Human Services and tribal leaders to develop strategies and best practices for Indian country.

Press Release - November 29, 2010 - pdf

Press Release - November 12, 2010 - pdf


Carcieri v. Salazar

Department of the Interior to Hold Consultation Sessions on Carcieri v. Salazar Decision The U.S. Supreme Court issued an opinion interpreting a provision of the Indian Reorganization Act of 1934 (“IRA”) that impacts the authority of the Secretary of the Interior to take land into trust for Tribes. See. Carceri v. Salazar, 129 S. Ct. 1058; 172 L. Ed. 2d. 791 ___U.S. ___ (February 29, 2009).

In keeping with Interior’s commitment on government-to-government consultation, we invite you to attend one or both of the consultation sessions on the subject.

For more information, click here to download the Dear Tribal Leader Letter in pdf format.

Department of the Interior / Tribal Consultations on Carcieri v. Salazar

Carcieri v. Salazar - Department of the Interior / Tribal Consultation Meetings Powerpoint Presentation (.ppt) - 4 MB
Session Summary - Bloomington, Minnesota - June 29, 2009 (.pdf) - 119 KB
Session Summary - Sacramento, California - July 1, 2009 (.pdf) - 124 KB
Session Transcripts - Arlington, VA – July 8, 2009 (.pdf) - 155 KB 

United South and Eastern Tribes

Session Summary - Carcieri v. Salazar United South and Eastern Tribes Strategy Meeting - May 12, 2009 (.pdf) - 56 KB

Letters from Interested Parties

Letter from State Attorney Generals to Senate Committee on Indian Affairs / House Natural Resources Committee -April 24, 2009 (.pdf) - 1128 KB

Indian Education
Amended language on the Individuals with Disabilities Act of 2004 - How it impacts funding from OIEP (.pdf)

Indian Gaming
Executive Order 13175 - Development of proposed regulations which will establish standards for implementing Section 20 of IGRA

Government-to-Government Consultation Documents on Indian Gaming

Trust Management
American Indian Probate Reform Act & Fiduciary Trust Model

Invitation to comment on Adverse Impact of the use of $2 million from Right's Protection - Attorney Fees to pay Cobell Attorney fees