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HHS Tribal Consultation on the definition of Indian Tribe

January 18 @ 12:00 pm - 1:30 pm CST

Dear Tribal Leader Letter

  • Tuesday, January 9 at 3:00 pm – 4:30 pm Eastern
  • Thursday, January 11 at 3:00 pm – 4:30 pm Eastern
  • Wednesday, January 17 at 3:30 pm – 5:00 pm Eastern
  • Thursday, January 18 at 1:00 pm – 2:30 pm Eastern

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Please send your written comments and recommendations on which definition of Indian Tribe to include in the updated Consultation Policy by Friday, February 20, 2024 via e-mail to: with the subject line: DEFINITION OF INDIAN TRIBE.

What definition of Indian Tribe should be included in the updated Consultation Policy: the List Act Definition (25 U.S.C. § 5130); or the ISDEAA Definition (25 U.S.C. § 5304(e))?

Option #1: List Act Definition (25 U.S.C. § 5130): “Indian tribe” means any Indian or Alaska Native Tribe, band, nation, pueblo, village or community that the Secretary of the Interior acknowledges to exist as an Indian Tribe.

  • Executive Order 13175 (“Consultation and Coordination with Indian Tribal Governments”) defines “Indian Tribe” using the List Act definition. It is also the definition used in the Presidential Memorandum on Uniform Standards for Tribal Consultation (November 30, 2022), the HHS TCP, and all other Federal Tribal Consultation Policies.

Option #2: ISDEAA Definition (25 U.S.C. § 5304(e)): “Indian tribe” or “Indian Tribe” means any Indian Tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

  • The ISDEAA definition of Indian Tribe includes Alaska Native Corporations (ANCs) and is currently utilized in the existing IHS Tribal Consultation Policy.


January 18
12:00 pm - 1:30 pm CST
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