GAO Study Finds Inconsistency, Inadequacy in Federal Government’s Consultation of Tribes

Tribal official with federal agency notifications of tribal consultation opportunities for proposed infrastructure projects. Source GAO

Published April 22, 2019

WASHINTON — Last Friday, Rep. Raul Ruiz, M.D. (D-CA), Chairman Raúl M. Grijalva (D-AZ), Vice Chairman Tom Udall (D-NM), and Sen. Bernie Sanders (I-VT) announced the release of a Government Accountability Office (GAO) report entitled “Tribal Consultation: Additional Federal Actions Needed for Infrastructure Projects.” The report is the first-ever comprehensive review of 21 federal agencies’ tribal consultation processes for the development and implementation of federal infrastructure projects.

The GAO report identifies federal agencies’ flawed tribal consultation mechanisms for developing and implementing infrastructure projects. The report found that many federal agencies have neglected tribal input when making key decisions on proposed infrastructure projects and failed to consult tribes until late in the project development stages. Ultimately, the report found that many federal agencies lack the necessary policies and implementation mechanisms to consult tribes impacted by federal infrastructure projects.

“This report confirms what we’ve heard from Indian Country all along: that tribes are often left in the dark on projects that directly impact their daily lives,” said Rep. Raul Ruiz, M.D. (D-CA). “Failing to meaningfully consult tribes is a clear violation of the federal government’s trust responsibility. The federal government must reevaluate and reform its tribal consultation processes, and I intend to hold our federal agencies accountable to the recommendations made in this report.”

“The federal government is failing in its responsibility to respect Native American rights and protect the health and wellbeing of Native communities,” said Sen. Bernie Sanders (I-VT). “The Native American people have been lied to, their treaties violated, and their views ignored on issues like fossil fuel pipelines that impact their communities. Enough is enough. We cannot continue to trample on Native American sovereignty. We must instead fight for a new relationship between the federal government and the Native American community until they are treated with the respect and dignity they deserve.”

“Regular and meaningful consultation is a cornerstone of the government-to-government relationship between the federal government and Tribal nations.  For nearly 20 years, the federal government has recognized by Executive Order 13175 the need for such consultation and to collaborate with Tribal leaders whenever federal policies affect them.  Yet today’s GAO report confirms what is well known in Indian Country: too often, we are failing to meet our responsibilities to Native communities. As vice Chairman of the Senate Committee on Indian Affairs, I am committed to seeing that the federal government implements GAO’s recommendations and that Indian tribes’ voices are not only heard, but respected,” said Sen. Tom Udall (D-NM).

The GAO report issues recommendations to strengthen the tribal consultation process, improve transparency, and ensure tribal input is given meaningful consideration. The report also directs the federal government to establish a more effective mechanism to support tribal interests in infrastructure projects, and to use that system to make tribal consultation more streamlined both for agencies and tribal governments.

The report is the second in a series of GAO studies examining the adequacy of federal policies that protect tribal lands and make recommendations for improvement. The first report examined the proximity of Superfund sites – locations where hazardous materials have contaminated the environment and threaten the public’s health – that are on or near tribal lands or have tribal impacts.