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TRIBAL CONSULTATION

ISSUE

The involvement of tribal governments in activities of the Indian Health Service (IHS) is mandated by law.

BACKGROUND

The United States has a government-to-government relationship with American Indian and Alaska Native Tribes that is based on treaties, law, Presidential Executive orders, and numerous court decisions. An integral part of this relationship is the requirement that agencies of the federal government consult with and involve tribal leaders in decisions and activities that affect tribal governments and members of their sovereign nations. In 1997, the IHS Director promulgated the first comprehensive Tribal Consultation and Participation Policy in the federal government. The policy established a minimum set of expectations for IHS staff with respect to consulting with tribal leaders and involving them in IHS activities.

STATUS

The IHS conducts a variety of consultation activities with tribal leaders and representatives of tribal governments, including national meetings, regional inter-tribal consultation sessions, meetings with delegations of leaders from individual Tribes, Area consultation sessions, and tribal advisory workgroups. In recent years, tribal leaders and representatives have come to play an important role in the IHS budget formulation and setting health priorities at the national and regional levels.

The increased involvement of Tribes in advising and participating in the decision-making process of the Agency has resulted in stronger collaborations between the federal government and tribal governments; innovations in the management of programs; and important issues being brought forward for consideration by IHS, the Administration, and Congress in a timely fashion.

OPTIONS/PLANS

Consultation practices within the IHS are reviewed continuously to ensure that they meet the requirements of the Agency consultation policy. The IHS adopted a revised Tribal Consultation Policy in 2001. Continuing discussions with tribal leaders resulted in the adoption of the third IHS Tribal Consultation Policy in January 2006. In 2008 the IHS Director’s Tribal Advisory Workgroup on Consultation was established. In partnership with the IHS Director, the Workgroup makes recommendations on improving the IHS tribal consultation process to make it more meaningful, effective, and accountable. The Workgroup was convened in December 2009 and January 2010 and consists of 24 elected tribal officials (two from each of the 12 IHS Areas). The IHS held its first “Tribal Consultation Summit” in July 2011, which was an opportunity for Tribes and IHS, tribal, and urban Indian health program staff to learn about current consultation activities, review current workgroup activities, and make recommendations. The IHS is planning to hold another summit soon.

ADDITIONAL INFORMATION

For referral to the appropriate spokesperson, contact the IHS Public Affairs Staff at 301-443-3593.

January 2012