Tribal Consultation

Understanding tribal consultation processes is essential for fostering respectful relationships with Tribal Nations and ensuring the protection of places and items of cultural significance to Native communities. 

Tribal Consultation Under Section 106 of the NHPA 

Under Section 106 of the National Historic Preservation Act (NHPA), federal agencies are required to consult with Tribal Nations when projects (or undertakings) may affect historic properties, including sites of cultural significance to Native communities. This process aims to give Tribal Nations a meaningful opportunity to express their views on potential impacts and to involve them in the decision-making process related to undertakings that could adversely affect their ancestral cultural resources. The Advisory Council on Historic Preservation provides guidance on conducting consultations, emphasizing the need for respectful dialogue, the consideration of Tribal perspectives, and the incorporation of culturally relevant practices in compliance with federal regulations. 

Tribal Consultation Under NAGPRA 

The Native American Graves Protection and Repatriation Act (NAGPRA) mandates federal agencies and museums to consult with Tribal Nations regarding the repatriation of Native American cultural items and human remains. This consultation process is designed to recognize the rights of Tribes over their ancestral remains and cultural heritage. Agencies must engage in good faith consultations with Tribes to determine the appropriate disposition of items that are subject to NAGPRA, including identifying culturally affiliated groups and following the established protocols for repatriation. NAGPRA emphasizes the importance of respecting Tribal sovereignty and traditions during the process, ensuring that Tribes are active participants in discussions about their cultural resources. 

Regulatory processes for implementation of NAGPRA are detailed in 43 CFR 10.4.

Government-to-Government Tribal Consultation 

The Bureau of Land Management engages in government-to-government consultation with tribes to ensure the protection of tribal sovereignty, cultural resources, and to foster collaborative decision-making on land management issues affecting tribal interests. For more information, see Government-to-Government Tribal Consultation.