Introduction
Historically, few federal
government officials have understood how to effectively and efficiently
interact and consult with tribes. The
relationship between the federal government and tribes has been awkward and
confusing, at best. This document is a
first step in the relationship building process between the federal government
and Tanacross Village Council, an IRA tribal government.
Tanacross Village Council is a
sovereign tribal government recognized as a self-governing entity under federal
law. The Tanacross Alaska Natives are
also people with full citizen rights as guaranteed under the US
Constitution. Because of its unique
sovereign status, the Tanacross Village Council, a federally recognized tribe,
has the power to make and enforce laws on its lands, and to create government
entities, such as tribal courts. In
addition, the federal government has a trust responsibility to all federally
recognized tribes, meaning the federal government has an obligation to protect
tribal resources and the rights of indigenous peoples to govern themselves on
tribal lands.
This document was created with
input from the Tanacross tribe, federal policy and statutes, and input from
other Alaska Native Villages who have had similarly confusing interactions with
the federal government. The underlying
theme in this document can be summed up in one word, respect. This document also stresses the importance
of seeking to understand each other through addressing individual and shared
concerns from the past, present, and future.
This document is not a list of suggestions, but rather a set of simple
ground rules that shall be enacted and respected if interaction with the
Tanacross Village Council is expected to be either productive or successful.
I. Government-to-Government
Relations
1. Begin relations with a deferential attitude.
2. Recognize
the Native Village of Tanacross’ tribal sovereignty and power to make and
enforce laws on its lands.
3. When matters are up for discussion that have
the potential to involve the Native Village of Tanacross or adjacent lands,
approach the Tanacross Village Council both in writing, and via the telephone,
to set up a face-to-face meeting to mutually discuss and arrive at conclusions
on the desired outcome and results of the matter at hand.
4. Obtain written
authorization to access Tanacross property or tribal lands prior to gaining
access.
5. After a decision is made, if the decision
includes taking action or involves onsite work, and/or contracted services,
ensure adequate opportunities for the Tanacross Village Council to:
1)
Compete for contracts, subcontracts, grants, and participate
in cooperative agreements.
2)
Benefit from training and/or education.
3)
Obtain employment.
4)
Obtain surplus equipment and/or real property.
6. Remove, or
assist in mitigating, any procedural or regulatory impediments to the success
of this government-to-government relationship building process.
7. Assist other federal agencies, in consultation
with the Tanacross Village Council, to minimize duplicative efforts and
relaying of information.
II. Collaboration Compared to Consultation
Historically,
attempts have been made by the federal government to “consult” with Tanacross
Village Council. These attempts have
often led to ill feelings within the tribe.
The cause of these ill feelings is due, in part, to the fact that
frequently federal agencies already have decisions made as to what the
“preferred decision” should be before consulting with the tribe. It is this form of “consultation” that is;
condescending to the tribe, creates unnecessary tension, and breaks down
government-to-government relations.
Our
understanding of consultation takes on a different meaning. To us consultation is more of a
collaborative approach. A collaborative
approach to consultation involves both governments beginning the negotiations
early on, before final outcomes have been decided. As the negotiation continues both governments are actively and
mutually involved in the process up to and including the final outcome of the
negotiation.
It is
understood however, that both the federal and tribal governments have laws and
regulations, which may prevent some outcomes of negotiation. With this in mind, the two governments
should make every effort to accommodate each others laws and regulations to
attain the best possible desired results of the negotiations.
III. Implementation
The
guidance and wisdom of this document have been understood since time immemorial
on the part of Tanacross Village Council.
Consequently, this document was ratified and placed in full effect as
tribal law on December 31st, 1999 at the signing of the Tanacross
Village Council’s, “Government-to-Government Relations Resolution”, Resolution
99-99, signed by President Isaac.
IV. Points of Contact
· Primary point of
contact:
Tanacross
Village Council
Elsie Sanford,
Executive Secretary
PO
Box 76009
Tanacross,
Alaska 99776-6009
907.883.5024
Office
907.883.4497
Fax
e.sanford@nativevillageoftanacross.com
· Primary
environmental point of contact:
Tanacross
Environmental Program
Guy
Warren, Environmental Manager
PO
Box 76009
Tanacross,
Alaska 99776
(907) 883-5024
Office
(907) 883-4497
Fax
gwarren@nativevillageoftanacross.com
V. Definitions:
Collaboration: Work jointly
Consult: Seek information or advice from
Consultation: Meeting arranged to consult
Deference: Courteous regard; respectful, civility
Deferential: Showing deference
Implement: Put into effect
Sovereign: Possessing independent national authority
IV. Bibliography:
Working Draft Guide on
Consultation and Collaboration with Indian Tribal Governments and the Public
Participation of Indigenous Groups and Tribal Citizens, National
Environmental Justice Advisory Council, August 27th, 1999.
Department of Defense American
Indian and Alaska Native Policy, United States of America,
Department of Defense.
US Environmental Protection Agency-Region
10 Tribal Consultation Framework-Draft, US EPA Region 10.
The Oxford
Dictionary, American Edition, Oxford University Press, Berkley
Books, New York, August 1997.
Consultation
and Coordination with Indian Tribal Governments,
Executive Order 13084, May 14th, 1998.
Indian
Sacred Sites, Executive Order 13007, May 24th, 1996.
Government-to-Government
Relations with Native American Tribal Governments,
President Clinton, April 29th, 1994.
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