Consultation

A Tribal consultation is a two-way, government-to-government dialogue between official representatives of Indian Tribes and federal agencies to discuss federal proposals before the federal agency makes decisions on those proposals. The federal agency provides sufficient advance notice to appropriate Indian Tribes of upcoming consultation sessions and, following the consultation sessions, explains to Indian Tribes how the final agency decision incorporates Tribal input. Consultation is a process based on bilateral recognition of sovereignty and is generally focused on a given issue or set of issues, including compliance with a variety of statutes, policies and administrative actions that direct the federal government to consult with Indian Tribes. Consultations are defined as having both Department and Tribe officials with decision-making authorities present at the consultation session(s)/meeting(s) regarding the proposed Departmental action with potential impacts to Tribal interest. Consultation should maximize opportunities to seek consensus to the greatest extent practicable.