§ 1000.2610. What principles should guide consultations with Tribes and Consortia?
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/us/cfr/t25/s§ 1000.2610·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
To the extent practical and not prohibited by law, consultations with self-governance Tribes/Consortia should satisfy the following principles:
(a)Consultation recognizes Tribal sovereignty and the Nation-to-Nation relationship between the United States and Tribes and Consortia and acknowledges that the United States holds treaty and trust responsibilities to Tribes and Consortia.
(b)Consultation is a two-way Nation-to-Nation exchange of information and dialogue between official representatives of the United States and Tribes and Consortia.
(c)Consultation session methods may include, but are not limited to, in-person meetings, video conferences, teleconferences, and correspondence to discuss a specific issue, and must identify the session as consultation in advance of the scheduled meeting.
(d)Consultation should include both the elected or appointed official of the Tribe, acting in the official capacity as the leader of the Tribe or Consortia, or designee of the elected or appointed representative, and the Departmental official with authority to decide on the proposed Departmental Action with Tribal Implications, or designee.
(e)The Secretary shall make good faith efforts to invite Tribes and Consortia to consult early in the planning process and throughout the decision-making process and engage in robust, interactive, pre-decisional, informative, and transparent consultation when planning actions with Tribal implications.
(f)The Secretary should give meaningful consideration to information obtained during consultation with Tribes and Consortia.
(g)The Secretary should strive for consensus with Tribes and Consortia through consultation or a mutually desired outcome. It is the policy of the Department to seek consensus with Tribes and Consortia.
(h)Consultation will ensure that applicable information is readily available to Tribes and Consortia.
(i)Consultation will ensure that officials from Tribes and Consortia and Federal officials have adequate time to communicate.
(j)Consultation will ensure that Tribes and Consortia are advised as to how their input influenced the Department's decision-making.