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The Treaty and Trust responsibility the federal government has to Indian Country is not an option, it's a requirement, recognized by the Constitution, Supreme Court and enacted legislation. One of the most important official functions of the federal government's respect for this obligation is active engagement with Tribal leaders through consultation. Whether it be founded in Executive Orders, federal legislation, or Supreme Court opinions, consultation with Tribal Nations honors the sovereignty of Tribal Nations. It's important for Tribal leaders across the country to be informed on when such consultations occur, so their voice can be heard.
Department of Interior Consultation
The Department of the Interior is holding consultations with Tribes to understand how to strengthen the ability of sovereign nations to establish and consolidate their homelands. The full consultation notice can be found HERE.
The Interior Department is asking Tribes to provide feedback in consultations that will focus on three specific topics:
The land-into-trust process;
Leasing and rights-of-way; and
Sacred sites and treaty rights.
To have smaller group conversations, DOI has organized the consultations by time zone. The consultations will be held over zoom, and you must pre-register to participate.
The Department of Interior will consult with Tribal governments to solicit input on the formation of the Commission and what the Commission should consider when developing recommendations that will have lasting impacts on Indian Country and further address the missing and murdered Indigenous people crisis.
The Department will conduct four webinar consultation sessions and will accept both oral and written comments. Please register in advance for any consultation session you plan on attending. In addition, a public meeting will be held immediately following each consultation session:
Tuesday, August 31, 2021, 2 p.m. – 4 p.m. ET (a public session will follow at 4 p.m. ET – 6 p.m. ET)
The letter announcing the consultation sessions is available here. For more information on the Not Invisible Act (NIA) Commission, please visit the following website: https://www.bia.gov/service/not-invisible-act-commission. Please submit written input to email@example.com(link sends e-mail) by Friday, September 17, 2021.
Section 105(l) Leasing
On August 27, 2021, from 1-4pm EST, the Office of the Assistant Secretary - Indian Affairs (IA) and the Indian Health Service (IHS) are conducting a Tribal consultation session on 105(l) lease requirements and payments, with a goal toward consistent and transparent 105(l) lease administration. 105(l) leases are facility cost agreements to compensate the Tribe/Tribal Organization owner for facility operational expenses associated with using the facility to administer or deliver the contracted or compacted services.
The FY 2021 Omnibus appropriations included language for the Department of the Interior (DOI) and the Department of Health and Human Services (HHS) to conduct Tribal consultations on how to implement a consistent and transparent process for payment of 105(l) leases.