Consultation Resources and Reference Materials








"My Administration remains committed to self-determination, the right of tribal governments to build and strengthen their own communities. Each year I host the White House Tribal Nations Conference, and our work together has translated into action."


- President, Barack Obama
2013 Presidential Proclamation




DoD Senior Advisor and Liaison for Native
President Obama speaks at the 2013
White House Tribal Nations Conference.



Consultation Resources

Sample Ground Rules (PDF)

Procedural satisfaction for successful consultation: Ground Rules
 

Consultation with Multiple Tribes (PDF)

This worksheet provides guidance towards working with multiple tribes or a tribal consortia
 

The Consultation Process (PPT)

This PowerPoint presentation provides an in-depth review of the Consultation process.
 

Guide on Consultation and Collaboration with Indian Tribal Governments and the Public Participation of Indigenous Groups and Tribal Members in Environmental Decision Making (PDF)

This Report was prepared by the National Environmental Justice Advisory Council, Indigenous Peoples Subcommittee; A Federal Advisory Committee to the U.S. Environmental Protection Agency.
 

Applied Consultation (PPT)

This presentation helps identify current or potential challenges, problems, solutions and approaches toward successful consultations.
 

Consultation Protocol Outline (PDF)

This document provides a basic template that DoD Components or Installations may want to use when establishing consultation efforts with a tribal nation.
 

The Native Village of Tanacross: Government to Government Relationship Policy (PDF)

This policy provides an example of a consultation policy from the tribal perspective.
 

DoD Case Studies and Tribal Agreements

CASE STUDIES

Loring AFB and the Aroostook Band of Micmacs (PDF)

Ft. Polk, LA and the Caddo Tribe of Oklahoma (PDF)

The 11th Air Force, Elmendorf AFB, Alaska and the Galena Village/Louden Tribal Council (PDF)

Ft. Lewis, Washington and The Nisqually Tribe (PDF)

A Southeastern Military Installation and a small Tribe (PDF)

A Memorandum of Agreement between The Suquamish Tribe and the Department of Defense/Army Corps of Engineers (PDF)

Case Study: What Not To Do (PDF)

TRIBAL AGREEMENTS

Comprehensive Agreement with The Caddo Tribe of Oklahoma (PDF)

MOU on Native American Human Skeletal Remains and Associated Artifacts involving The Fallon-Paiute Shoshone Tribes (PDF)

MOU on Native American Human Remains and Associated Materials involving The Gila River Indian Community (PDF)

MOA between the DoD and the Suquamish Tribe of The Port Madison Indian Reservation (PDF)

Letter between the Susanville Indian Rancheria and the DoD toward the Development of an MOA (PDF)

MOA with the Pueblo of Zuni (PDF)

MOA with the Suquamash Tribe (PDF)

Historical Resources

DoD Brief History with Native Americans (PDF)

This document provides a brief background on this historic Act that affected many Native Americans.
 

General Allotment Act of 1887 - Dawes Severalty Act (PDF)

Full Text of this historic Act to provide for the allotment of lands in severalty to Indians on various reservations.
 

Removal of American Indians - 1830 Map (PDF)

Excerpts of Early Judicial Cases

Excerpt of Cherokee Nation v. Georgia - 1831 (PDF)

Excerpt of Johnson v. McIntosh - 1823 (PDF)

Excerpt of Worcester v. Georgia - 1832 (PDF)

Treaty Examples

Treaty with the Klamath, Etc., 1864

Treaty with the Navaho, 1849

Treaty with the Nisqualli, Puyallup, Etc., 1854

Treaty with the Northern Cheyenne and Northern Arapaho, 1868

Treaty with the Saux and Foxes, 1804

Treaty with the Shoshoni-Goship, 1863

Treaty with the Six Nations, 1789

Treaty with the Sioux, 1836

Treaty with Umatilia, 1855 (PDF)

Treaty Rights at Risk (PDF)

Legal Resources

Key Laws That Trigger Consultation (PPTX)

This PowerPoint presentation provides an overview of laws that elicit the use of consultation.
 

Section 106 Consultations under the National Historic Preservation Act (NHPA) (PDF)

This worksheet provides basic guidelines for consultation under Section 106 of the National Historic Preservation Act (NHPA) with a focus upon consultations with Native Americans.
 

Guidelines for Evaluating and Documenting Traditional Cultural Properties (PDF)

This report, developed by the U.S. Department of the Interior and The National Conference of State Historic Preservation Officers, is intended to be an aid in determining whether properties thought or alleged to have traditional cultural significance are eligible for inclusion in the National Register.
 

Government Agency Tribal Relations: Questions of Federal Recognition, Constitutionality and Fiduciary Relationships (PDF)

Government Agency Tribal Relations: Questions of Federal Recognition, Constitutionality and Fiduciary Relationships
 

Major Laws and Policies Dealing With Environmental and Cultural Resources Protection/Impacts on DoD Activities (PDF)

This worksheet highlights regulatory authorities and consultation obligations between federal agencies and tribal nations.
 

Trust Responsibility and Consultation Matrix (PDF)

This worksheet, prepared by the OSD Office of Counsel, depicts the relationship of trust responsibilities and scenarios where they typically apply.
 

After the Smoke Clears: A Cross-Cultural Approach to Assessing the Effect of Wildland Fires on Traditional Cultural Properties (PDF)

This report discusses the development and guidelines for assessing fire damage to identified Traditional Cultural Properties (TCPs) and develop standard operating procedures (SOPs) for military installations to follow before, during, and after TCPs have been impacted by fires.
 

Non-Invasive Burial Determination Using Near Surface Geophysical Survey and Soil Chemical Testing at Fort Hood, Texas and Camp Lejeune, North Carolina (PDF)

This factsheet helps establish a methodology for geophysical testing and chemical sampling with sufficient accuracy to determine if burial or other archeological materials are not present.
 

Reports and Reference Materials

DoD Resources

Best Practices: Managing Traditional Resources on DoD Lands (Project No. 08-406) (PDF)

This report presents a model of 14 best practices that Cultural Resource Managers and Natural Resource Managers at DoD installations in any geographic region can use to assist them in matters related to consultation and the management of natural resources, or rather traditional, customary, or religious resources of importance to affiliated Indian tribes. The best practices model within this document represents a process for working with Indian people to identify natural resources of concern to them.
 

U.S. Department of Defense 2007 Desk Guide 1 (PDF)

This Desk Guide serves as a helpful tool for Military Installations and Federally Recognized Tribes located in the South and Eastern United States.
 

U.S. Department of Defense 2007 Desk Guide 2 (PDF)

This Desk Guide serves as a helpful tool for Military Installations and Federally Recognized Tribes located in the South and Eastern United States.
 

Native American Sacred Sites and the Department of Defense (PDF)

This 336-page report is about Native Americans and their cultural resource relationships with the DoD. Native Americans, as both citizens and members of dependent nations within the United States and as original occupants of lands that are currently held by the DoD, have a special cultural relationship with these military lands. Chapter 5: A Consultation Model of this report presents a consultation model and describes nine ideal steps for developing a consultation relationship with Native Americans who are culturally affiliated with lands held by a DoD Installation.
 

Chapter 5: A Consultation Model (PDF)

Department of Defense Legacy Resource Management Program: Treaty Reserved Rights on DoD Lands (PDF)

This report identifies DoD installation obligations arising from treaties and agreements negotiated by the United States and Indian nations between 1775 and 1954.
 

3Rs Explosives Safety: Education Program

UXO stands for unexploded ordnance. UXO result from our military's use of munitions during live-fire training or testing. By visiting this website and learning the 3Rs (Recognize, Retreat, Report), you have begun to protect yourself and family from the potential hazards associated with UXO.
 

Other Agency Resources

White House Blog

White House blog posts related to the Native American community
 

Tribal Leaders Directory (PDF)

Bureau of Indian Affairs (BIA) compiled directory of Tribal Leaders and BIA officials. (Spring 2009)
 

List of Federally Recognized Tribes (updated August 11, 2009) (PDF)

On April 4, 2008, the U.S. Governments Federal Register issued an official list of 562 tribes in the Federal Register as Indian Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs.
 

Consultation with Indian Tribes in the Section 106 Review Process: A Handbook (PDF)

The Advisory Council on Historic Preservations (ACHP) 30-page handbook on tribal consultation serves as a useful tool for federal agencies engaging with Indian tribes. While the guidance is focused on tribal consultation in the section 106 review process, the consultation principles are rooted in federal law and directives.
 

The Institute for Tribal Government Desk Guide (PDF)

Desk guide prepared by The Institute for Tribal Government, The Mark O. Hatfield School of Government, College of Urban and Public Affairs Portland State University. This guide is for use by tribal governments and military commanders. Section III, in particular, provides tools that will help tribal governments and all military branches communicate more effectively on issues of mutual concern, especially with respect to activities that may affect tribal lands and resources.
 

Guide on Consultation and Collaboration with Indian Tribal Governments and the Public Participation of Indigenous Groups and Tribal Members in Environmental Decision Making (PDF)

This Report was prepared by the National Environmental Justice Advisory Council, Indigenous Peoples Subcommittee; A Federal Advisory Committee to the U.S. Environmental Protection Agency.
 

Alaska Natives Resources

Alaska Native - Military Relations 1867 to Current - Background Information (PDF)

Alaska Native Cultures Map (PDF)

List of Alaska Regional Corporations (DOCX)

DoD Alaska Native/Tribal Liaisons - Points of Contact (DOC)

Recognizing Tribal Sovereignty and Cultural Traditions

Working to Fulfill Federal Trust Responsibilities

Protecting Natural and Cultural Resources

Consulting with Tribal Nations

Last Modified: 11 March 2014 at 12:33