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Topics Identified by Dialogue Series Participants for Future Sessions



Participants in the Government-to-Government Dialogue Series have been asked what topics they would like to see addressed in future sessions. The following list is a compilation of the topics they have suggested. We have tried to arrange  the topics in a logical order. Because there is always overlap in such an endeavor, some topics may appear more than once.

If your agency would be interested in co-sponsoring an event in the Dialogue series on one of these topics or on another topic of interest to your agency, or if you would like to add a topic to this list, please contact Kathryn Lynn at the Department of the Interior's Office of Collaborative Action and Dispute Resolution: kathryn_lynn@ios.doi.gov or 202-327-5315.


     
  • Legal Issues Regarding Government-to-Government Consultation    
           
    • The law behind government-to-government consultation: Beginning, Intermediate, and Advanced courses
    • Indian Law Issues
      • Tribal Constitutions and legal systems
      • Tribal rights on non-Indian lands         
      • Legal differences between recognized and non-recognized tribes / Alaska Natives / Native Hawai'ians
    • The interaction between consultation and other laws        
      • Where do consultation and the Federal Advisory Committee Act (FACA) intersect?
      • Where do consultation and the Administrative Procedure Act (APA) intersect?
      • Where do consultation and the Freedom of Information Act (FOIA) intersect?            
        • When is notice to / consultation with a Tribe required / advisable / appropriate when a tribally generated document is requested under FOIA?
        • Confidentiality of information regarding sacred sites
      • The Endangered Species Act (ESA) and consultation
      • Consultation requirements under the National Historic Preservation Act (NHPA)
      • Consultation and the Native American Graves Protection and Repatriation Act (NAGPRA)
      • EPACT 2005 energy law, particularly sec. 368 (energy corridors) and sec. 1813 (tribal rights of way)
      • Consultation and the National Environmental Policy Act (NEPA)
      • Transportation issues and Tribes
      • Tribes and emergency preparedness
    • Consultation and confidentiality
    • Legal considerations in using  contractors to conduct consultation
    • Is environmental justice an aspect of consultation?
  • Policy Issues Regarding Government-to-Government Consultation    
    • How can federal economic regulatory entities such as the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Office of Federal Housing Enterprise Oversight, the Office of Thrift Supervision, and the Securities Exchange Commission enhance their relationships with Tribes and help to support tribal economic development?
    • What are the responsibilities / abilities of regulatory agencies such as the Federal Energy Regulatory Commission and the Nuclear Regulatory Commission?
    • Government-to-government consultation's nexus to public participation
    • Policy considerations in consulting with recognized and non-recognized tribes / Alaska Natives / Native Hawai'ians
    • Policy considerations in using contractors to conduct consultation
  • Relationships in Government-to-Government Consultation    
    • What is so scary about consultation?
    • Bridging cultural chasms
    • Can you be friends? -- Relationships within and outside the consultation process
    • Do you trust "the other"?
    • Passing on the trust: Can relationships survive changes in personnel and administrations, on both sides?
  • Government-to-Government Consultation Policies        
    • Consulting on the development of your consultation policy
    • Tribal consultation policies
    • The use of MOUs and MOAs in consultation -- benefits and pitfalls
    • Developing consultation protocols                   
    • Comparison of the consultation policies and implementation of various agencies -- What works, what doesn't, who does what?    
  • Educating Those Involved in Government-to-Government Consultation   
    • The law behind government-to-government consultation: Beginning, Intermediate and Advanced courses
    • Indian law: Beginning, Intermediate, and Advanced Courses
    • What training in consultation, cultural awareness, or other relevant topics is currently offered by federal agencies / tribes?
    • Audiences            
      • Educating managers about consultation
      • Training lawyers for consultation
      • Orientation for new Native liaisons and coordinators
      • Creating an institutional memory for government-to-government consultation
    • Working with different Native groups       
      • How do you consult with Native Hawai'ians?     
      • What about non-recognized tribes?
      • What is different about working in Alaska? -- Unique laws, governments, corporations, communities, cultures of Alaska Natives
      • The cultural differences among Tribes, Alaska Natives, and Native Hawai'ians and within each "group"
      • Bridging inter-cultural chasms
    • Practicuum                
      • Sharing consultation learning across agencies and developing a network
      • What does it mean to listen respectively and actively?
      • The real world: Review of case studies of successful / not so successful consultations
      • Government-to-government consultation practice exercises
    • Sharing consultation learning and developing a network  
  • Coordinating Government-to-Government Consultation
    • Coordination among agencies in consultation
    • Should there be a joint calendar of Federal consultation requests?
    • Getting your act together: Dealing with intra- and inter-agency disagreements affecting consultation
    • Comparison of the consultation policies and implementation of various agencies -- What works, what doesn't, who does what?
    • Sharing consultation learning and developing a network
  • The Government-to-Government Consultation Process                
    • Getting started            
      • What is so scary about consultation?
      • How and when do you start a consultation?
      • When you go out to consult, you are "The Federal Government:" Preparing for the seemingly "unrelated" issues that will arise
    • Defining roles and responsibilities in consultation              
      • The role of scientists in consultation: Technical expertise / indigenous knowledge / monitoring / joint fact-finding / sharing expertise / capacity building
      • The role of tribal organizations such as the National Congress of American Indians and the National Tribal Environmental Council
      • Is there a role for third-party neutrals in consultation? 
      • The role of contractors in consultation
    • Working together              
      • Coordination among agencies in consultation
      • Getting your act together: Dealing with intra- and inter-agency disagreements affecting consultation
      • How do we collaborate?
      • Using third-party neutrals
      • Conflict resolution methods in consultation
      • What does it mean to listen respectfully and actively?
      • Say what you mean and mean what you say   
      • Setting the parameters and being honest about legal and / or resource limitations     
      • Time constraints on Tribes: Both as resource and political issues     
      • Resolving differences between a federal agency's legal and policy requirements and a tribe's capacity to respond to outreach / consultation, including Access to tribal decision makers, Timing, Improving tribal capacity with actual resources, Access to data
    • Types of consultations              
      • Consulting on your consultation policy
      • How do you conduct effective consultation on a national or regional initiative? On policy development? On a programmatic EIS?
    • What do you do when a tribe ends the consultation?
    • Outcomes              
      • What is considered "meaningful consultation"?   
      • Defining success in consultation
      • What makes consultation succeed or fail? Real world case studies
    • What are the information collection and management challenges of consultation?
  • Innovation?
    • Can the internet facilitate consultation?
    • Should there be a joint calendar of Federal consultation requests?