Federal Environmental Justice Tracker

EJ Tracker Update

FEMA, DHS Updated Tribal Consultation Policies

Last updated:

April 10, 2023

Authority

Executive Order, Other Statute

Agencies

DHS, FEMA

Actions

Guidance/Policy

On April 10, 2023, the Department of Homeland Security (DHS) updated its Tribal Consultation Policy outlining guiding principles for engaging with Tribal governments. The update affirmed the federal government’s “unique legal and political relationship with American Indian and Alaska Native Tribal nations” and acknowledged “the rights of Federally Recognized Indian Tribes to self-governance and self-determination.”

DHS Permalink Directive and DHS Permalink Instruction.

On March 16, 2021, FEMA updated its instructions on the implementation of the agency’s 2019 Tribal Consultation Policy. The update outlined steps to conduct “regular and meaningful” consultation and coordination with federally recognized Indian tribal governments and Alaska Native Corporations. The Instructions noted that tribal consultation occurs with tribal governments, and therefore represents an agreement akin to engaging with the governor of a state (rather than individual citizens of that state).

FEMA Permalink.