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Consultation and Coordination with Tribes

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EPA Policy on Consultation and Coordination with Indian Tribes

The EPA Policy on Consultation and Coordination 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 1984 EPA Policy for the Administration of Environmental Programs on Indian Reservations.


Tribal Treaty Rights in Consultation with Tribes

EPA Policy on Consultation and Coordination with Indian Tribes: Guidance for Discussing Tribal Treaty Rights

EPA’s first-ever Tribal Treaty Rights Guidance outlines a process to help navigate treaty rights discussions with tribes during tribal consultations. It is an initial step in EPA’s efforts to improve the methods and processes in place to meet the commitment to honor and respect tribal treaty rights and resources protected by treaties. The Guidance is the first of its kind for any federal agency.

EPA developed the EPA Policy on Consultation and Coordination with Indian Tribes: Guidance for Discussing Tribal Treaty Rights after nationwide tribal consultation. This Guidance complements the EPA Policy on Consultation and Coordination with Indian Tribes by providing affirmative steps for the Agency to take during tribal consultations when an EPA action occurs in a specific geographic location and a resource-based treaty right, or an environmental condition necessary to support the resource, may be affected by EPA's action.

To assist in understanding this important effort, EPA developed an Overview document and the EPA Responses to Comments on the Guidance.