Native American Affairs

Consultation Resources and Reference Materials

The DoD makes good faith efforts to build effective relationships with federally recognized Indian tribes and meet its responsibilities to meaningfully consult with these tribes on proposed military training and construction actions, plans, or ongoing activities that may have the potential to significantly affect protected tribal lands, cultural properties, or tribal treaty rights.  In that spirit, the DoD routinely consults with Indian tribes on land-disturbing activities, training, over-flights, the management of properties of traditional religious and cultural importance, the protection of sacred sites from vandalism and other damages, access to sacred sites and treaty-reserved resources, tribal reserved treaty rights, access to subsistence resources, land use decisions, and construction.

Visit the Policy, Laws, and Regulations page for more information on DoD and Military Department policies and laws concerning consultation.

Consultation Resources

Procedural Satisfaction for Successful Consultation - Sample Ground Rules pdf [62 KB]

This resource, developed for use in the DoD American Indian Communications and Consultation Course, provides procedural guidance to consider when planning and organizing a consultation.

Consultation with Multiple Tribes pdf [24 KB]

This resource, developed for use in the DoD American Indian Communications and Consultation Course, provides guidance towards working with multiple tribes or tribal consortia.

The Consultation Process (2018) pdf [3.29 MB]

This resource, developed for use in the DoD American Indian Communications and Consultation Course, provides an in-depth review of the Consultation Process.

Guide on Consultation and Collaboration with Indian Tribal Governments and the Public Participation of Indigenous Groups and Tribal Members in Environmental Decision Making (2000) pdf [957 KB]

This report was prepared by the National Environmental Justice Advisory Council, Indigenous Peoples Subcommittee, a Federal Advisory Committee to the U.S. Environmental Protection Agency.

Agency's Consultation Protocol Template pdf [61 KB]

This resource, developed for use in the DoD American Indian Communications and Consultation Course, provides an example template that DoD Components or Installations may use when establishing consultation efforts with a tribal nation.

Historical Resources

American Indians, Alaska Natives & The Department of Defense: A Brief History (1999) pdf [441 KB]

This resource, developed by Ralph Reeser and Native American Technologies, Inc., provides a summary of important events in history of American Indians and Alaska Natives in relation to the DoD and its precursor agencies.

Removal of American Indians - 1830 Map pdf [546 KB]

On May 28, 1830, Congress passed the Indian Removal Act, beginning the forced relocation of thousands of Native Americans in what became known as the Trail of Tears.  This map shows the routes of the five southeastern tribes that were forced to leave their homelands in the Southeast and live in Indian Territory in what is now Oklahoma.

General Allotment Act of 1887 - Dawes Severalty Act pdf [107 KB]

Full Text of this historic Act to provide for the allotment of lands in severalty to Indians on various reservations.

 

Excerpts of Early Judicial Cases

The history of Indian law in the Supreme Court opens with the Marshall Trilogy: Johnson v. Mc’Intosh (1823); Cherokee Nation v. Georgia (1831); and Worcester v. Georgia (1832). The Trilogy, primarily authored by Chief Justice John Marshall, established federal primacy in Indian affairs, excluded state law from Indian country, and recognized tribal governance authority. Moreover, these cases established the place of Indian nations in the American dual sovereign structure that still governs today.

Excerpt of Johnson v. Mc'Intosh - 1823 pdf [59 KB]

A landmark decision of the U.S. Supreme Court that interpreted the Doctrine of Discovery in the United States. It held that private citizens could not purchase lands from Native Americans.

Excerpt of Cherokee Nation v. Georgia - 1831 pdf [59 KB]

The Cherokee Nation sought a federal injunction against laws passed by the state of Georgia depriving them of rights within its boundaries, but the U.S. Supreme Court did not hear the case on its merits. It ruled that it had no original jurisdiction in the matter, as the Cherokees were a “domestic dependent nation,” with a relationship to the United States like that of a "ward to its guardian."

Excerpt of Worcester v. Georgia - 1832 pdf [62 KB]

The opinion is most famous for its dicta, which laid out the relationship between tribes and the state and federal governments. It is considered to have built the foundations of the doctrine of tribal sovereignty in the United States.

Legal Resources

Summary of Federal Laws, Executive Orders, and DoD Policies for Consultation and Cultural Resources Management (2020) pdf [232 KB]

This resource, developed by the DoD Office of General Counsel for the DoD American Indian Cultural Communications and Consultation Course, provides a list of key laws, orders, policies, guidance, and regulations pertaining to consultation and cultural resource management.

Key Laws That Trigger Consultation (2009) pdf [374 KB]

This resource, developed by the DoD Office of General Counsel for the DoD American Indian Cultural Communications and Consultation Course, provides and overview of laws that elicit the use of consultation.

Trust Responsibility and Consultation Matrix (2004) pdf [79 KB]

This resource, developed by the DoD Office of General Counsel for the DoD American Indian Cultural Communications and Consultation Course, depicts the relationship of trust responsibilities and scenarios where they typically apply.

Reports and Reference Materials

DoD Resources

Best Practices: Managing Traditional Resources on DoD Lands (Project No. 08-406) (2012) pdf [2.56 MB]

This report presents a model of 14 best practices that Cultural Resource Managers and Natural Resource Managers at DoD installations in any geographic region can use to assist them in matters related to consultation and the management of natural resources, or rather traditional, customary, or religious resources of importance to affiliated Indian tribes. The best practices model within this document represents a process for working with Indian people to identify natural resources of concern to them.

U.S. Department of Defense 2007 Desk Guide 1 pdf [5.26 MB]

This Desk Guide serves as a helpful tool for Military Installations and Federally Recognized Tribes located in the South and Eastern United States.

U.S. Department of Defense 2007 Desk Guide 2 pdf [6.12 MB]

This Desk Guide serves as a helpful tool for Military Installations and Federally Recognized Tribes located in the South and Eastern United States.

Native American Sacred Sites and the Department of Defense (1998) pdf [19.16 MB]

This 336-page report, developed for the DoD by Vine Deloria, Jr., The University of Colorado, and Richard W. Stoffle, The University of Arizona, is about Native Americans and their cultural resource relationships with the DoD. Native Americans, as both citizens and members of dependent nations within the United States and as original occupants of lands that are currently held by the DoD, have a special cultural relationship with these military lands.

Chapter 5: A Consultation Model pdf [3.75 MB]

Chapter 5 of the Native American Sacred Sites and the Department of Defense report (above) presents a consultation model and describes nine ideal steps for developing a consultation relationship with Native Americans who are culturally affiliated with lands held by a DoD Installation.

Department of Defense Legacy Resource Management Program: Treaty Reserved Rights on DoD Lands (2002) pdf [6.92 MB]

This report identifies DoD installation obligations arising from treaties and agreements negotiated by the United States and Indian nations between 1775 and 1954.

3Rs (Recognize, Retreat, Report) Explosives Safety Education Program

This website examines who, what, when, where, why, and how of Military munitions and safety procedures.

Non-Invasive Burial Determination Using Near Surface Geophysical Survey and Soil Chemical Testing at Fort Hood, TX and Camp Lejeune, NC (2005) pdf [433 KB]

This factsheet helps establish a methodology for geophysical testing and chemical sampling with sufficient accuracy to determine if burial or other archeological materials are not present.

 

Other Agency Resources

Advisory Council on Historic Preservation (ACHP) Section 106 Consultation Guidance and Resources

The Advisory Council on Historic Preservation (ACHP) is an independent federal agency that promotes the preservation, enhancement, and productive use of our nation's historic resources, and advises the President and Congress on national historic preservation policy. The ACHP strives to ensure federal agencies implement their work in harmony with the National Historic Preservation Act. Section 106 requires federal agencies to consider the effects of projects they carry out, approve, or fund on historic properties. Visit the link above for ACHP’s published regulations that guide federal agencies and other participants in the Section 106 process and other resources.

List of Federally Recognized Tribes (2020) pdf [262 KB]

This notice publishes the current list of 573 Tribal entities recognized by and eligible for funding and services from the Bureau of Indian Affairs (BIA) by virtue of their status as Indian Tribes.

The Institute for Tribal Government Desk Guide (2007) pdf [1.17 MB]

Desk guide prepared by The Institute for Tribal Government, The Mark O. Hatfield School of Government, College of Urban and Public Affairs Portland State University. This guide is for use by tribal governments and military commanders. Section III, in particular, provides tools that will help tribal governments and all military branches communicate more effectively on issues of mutual concern, especially with respect to activities that may affect tribal lands and resources.

Tribal Leaders Directory

Bureau of Indian Affairs (BIA) compiled directory of Tribal Leaders and BIA officials

Guidelines for Evaluating and Documenting Traditional Cultural Properties (1998) pdf [13.16 MB]

This report, developed by the U.S. Department of the Interior and The National Conference of State Historic Preservation Officers, is intended to be an aid in determining whether properties thought or alleged to have traditional cultural significance are eligible for inclusion in the National Register.

Alaska Natives Resources

Recognizing Tribal Sovereignty and Cultural Traditions
Working to Fulfill Federal Trust Responsibilities
Protecting Natural and Cultural Resources
Consulting with Tribal Nations