EPA Press Release:

EPA Releases Revised Policy on Consultation with Indian Tribes

WASHINGTON - Today, the U.S. Environmental Protection Agency (EPA) released the revised EPA Policy on Consultation with Indian Tribes and the companion Guidance for Discussing Tribal Treaty or Similar Rights, reflecting the Biden-Harris Administration’s commitment to strengthening Nation-to-Nation partnerships.

“From day one, President Biden committed to respecting Tribal sovereignty, honoring the federal trust responsibility, and engaging in regular, meaningful, and robust consultation with federally recognized Tribal governments,” said EPA Administrator Michael S. Regan. “With the release of our revised consultation policy, we’re delivering on the President’s promise to Tribes and I’m looking forward to EPA’s continued engagements with Tribes under this strengthened policy.”

EPA has long been at the forefront of developing policy that ensures consideration of Tribal interests in making agency policy and managing environmental programs affecting Indian country. In 1984, EPA became one of the first federal agencies to develop a policy for interacting with Tribal governments, laying out how to consider Tribal interests in carrying out its programs to protect human health and the environment. In 2011, EPA was among the first federal agencies to issue a Tribal consultation policy and has since conducted more than 900 Tribal consultations. In 2016, EPA developed the Guidance for Discussing Tribal Treaty Rights, the first of its kind for any federal agency. Complementary to the consultation policy, EPA provides training to staff on working effectively with Tribal governments.  Successful implementation of EPA’s Consultation Policy is a top priority for the Agency.

The current revisions were initiated by President Biden’s January 26, 2021 Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships, which asked each federal agency to ensure regular and meaningful consultation with Tribal officials. EPA’s revisions incorporate standards developed by the White House and interagency workgroups to promote uniformity in the way the federal government conducts consultation with federally recognized Tribal governments. The finalized policy and guidance additionally reflect valuable input from Tribal officials and Tribal partnership groups. Key revisions include:

• Guiding principles addressing the consideration of Indigenous Knowledge and information regarding sacred sites;
• Additional specificity on consultation timing, notification, coordination, participants, and follow-up;
• A section titled “Consultation Process Review” providing a means to resolve Tribal concerns of the sufficiency, timing and agency compliance with consultation policy requirements; and
• Expanded scope of the Guidance for Discussing Tribal Treaty Rights to include additional instruments of federal law and to apply to national EPA actions.

Learn more about the EPA Consultation Policy.

Contact Information
U.S. EPA Press Office (press@epa.gov)