Departmental Action having Tribal Implications

Any Departmental regulation, rulemaking, policy, guidance, legislative proposal, plan programmatic or operational activity, or grant or funding formula changes that may have the potential to impact the interests of Tribes or the interests of ANCSA Corporations or to impose substantial direct compliance costs on them. Departmental actions include any action planned by a non-federal entity that involves funding, approval, or other final agency action provided by the Department, except where a Tribe is a party to the action planned by the non-federal entity. DOE Elements should coordinate, as needed, with the Deputy Assistant Secretary for Intergovernmental and Tribal Affairs to evaluate whether Departmental actions have Tribal implications and on the appropriate consultation approach and process. The interests of Tribes in particular include, but are not limited to:

(1) Tribal self-governance

(2) Tribal intergovernmental relations with the federal government

(3) Tribal trust resources

(4) Tribal treaty, reserved, or other rights

(5) Tribal natural and cultural resources and practices; including sacred sites

(6) Lands from which a Tribe may have been removed; or

(7) Tribal access to historical or traditional areas of cultural or religious significance located within federally managed lands or water