An Analysis of Tribal Consultation: A case study of policy versus practice Confederated Salish Kootenai Tribes and Nmisuletkʷ (the Middle Fork of the Clark Fork River) As a Tribal Trust Resource

Document Type

Presentation Abstract

Presentation Date

1-31-2022

Abstract

Formal, government-to-government Consultation between sovereign nations is a process of continuous relationship-building, a partnership and an agreement made with all points-of-view included in the process, with results that have the fingerprint of all nations involved evident. The Federal Government is obligated to work with Federally- recognized Tribes as sovereign nations in matters that have or will impact each Nation’s people and places (reservations, treaty-protected areas)—a process legally known as Consultation. The Environmental Protection Agency (EPA), as a Federal agency, must uphold the Federal Trust responsibility as part of the U.S. government, which includes the act of Consulting with Federally- recognized Tribes on matters involving human health and the environment on reservations or in aboriginal territories. Consultation between Tribes and Federal agencies in general, and specifically between the EPA and Tribes, has not been successfully constructed nor implemented.

In this thesis, I seek to understand how Consultation is defined in Federal policy and perceived by Tribes, what is not working, and what can be done to create inclusive and meaningful Consultation, specifically between the EPA and Tribes, but relevant to all federal agencies. The Confederated Salish and Kootenai Tribes (CSKT) are Natural Resource Trustees across their aboriginal homelands, which includes, Nmisuletkʷ, the Clark Fork River. The impacts of air, land, and water pollution left behind by a former mill’s operations continue to have an impact on Tribal Trust Resources. My methods for analyzing this case study include a policy analysis, direct observation, and semi-structured ethnographic interviews with involved Tribal members and representatives. Through this work, I articulate a foundation for creating (or amending) policy that better reflects a Native worldview to be more inclusive, culturally relevant, and effective for sustainable management of our shared landscapes

Consultation between two or more sovereign nations necessitates equal footing. The case study illuminated several barriers while also providing keys to how the EPA can create a more just and inclusive Consultation. The recommendations for improving Consultation include Indigenizing Consultation, which will create a more transparent, inclusive, and long-term relationship between Native Nations, the EPA, and the environment.

Additional Details

January 31, 2022 at 3:00 p.m. Math 103 & Zoom

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