On January 26, 2021, President Biden issued a “Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships.” In the memorandum, Biden wrote: “It is a priority of my Administration to make respect for Tribal sovereignty and self-governance, commitment to fulfilling Federal trust and treaty responsibilities to Tribal Nations, and regular, meaningful, and robust consultation with Tribal Nations cornerstones of Federal Indian policy.”
As a part of this effort, Biden directed each federal agency to consult with Tribal Nations and seek input on revisions and updates needed to their individual tribal consultation policies that implement Executive Order 13175, Consultation and Coordination With Indian Tribal Governments. President Clinton originally issued this order on November 6, 2000, and it has been regularly reaffirmed subsequent presidents.
As directed, federal agencies are scheduling consultation with Tribal Nations and taking written comments. Although some deadlines are approaching rapidly, and agencies need to report back to President Biden by April 26, 2021, each of these agencies has a responsibility to consult with Tribal Nations.
Below are upcoming deadlines for submitting written comments to some of the most important agencies to Indian Country.
Click each name for more information.
- U.S. Department of the Interior: 11:59 p.m. Eastern, March 19, 2021
- U.S. Department of Health and Human Services (which includes the Indian Health Service): March 26, 2021
- U.S. Environmental Protection Agency: March 31, 2021
- U.S. Department of Housing and Urban Development (which oversees the Native American Housing Assistance and Self-Determination Act): April 5, 2021
- U.S. Department of Treasury: April 9, 2021
Patterson Earnhart Real Bird & Wilson LLP works closely with each of these agencies under their tribal consultation policies. For more information about us, visit www.nativelawgroup.com. To learn more about this specific issue and how we can assist, contact attorney Katie Frayler in our Colorado office at (303) 926-5292.