The U.S. Department of the Interior’s (Department) is continuing their efforts to improve upon their implementation of Executive Order 13175 and Tribal consultation, and are asking for your input and expertise on a preliminary draft of updates to their Departmental Tribal Consultation policy and procedures. The Departmental Manual (DM) contains the policy at Part 512, Chapter 4 (512 DM 4) and the procedures at Part 512, Chapter 5 (512 DM 5). This policy was put into place approximately seven years ago to codify the freestanding 2011 Tribal consultation policy that was jointly developed by Tribal Nations and Department officials.

The enclosed draft’ edits 512 DM 4 and 5 to:

• Bolster the Department’s consultation policy to encourage early, robust, interactive, pre-decisional, informative and transparent consultation;
• Establish a model for seeking Tribal consensus;
• Require that Department staff undergo training before participating in consultation;
• Codify the Secretary’s Tribal Advisory Committee (STAC);
• Address flexibility for Tribal waivers;
• Clarify that the Department’s decision-makers must invite Tribes to engage in consultation; and
• Require a record of consultation.

Your input is welcome on this draft and also offer the enclosed questions to consider. Please join one or more of the following sessions to discuss:

• Monday, December 13, 2021
  2 p.m. — 4 p.m. ET
  Please register in advance

• Wednesday, December 15, 2021
  2 p.m. — 4 p.m. ET
  Please register in advance

• Thursday, December 16, 2021
  2 p.m. — 4 p.m. ET
  Please register in advance

Please also email any written input you may have to consultation@bia.gov by 11:59 p.m. ET on December 31, 2021.
If you have any questions, please contact Mr. Joaquin Gallegos, Special Assistant, Office of the Assistant Secretary — Indian Affairs, by email at joaquin_gallegos@ios.doi.gov or by phone at (202) 208-7163.