United South & Eastern Tribes

USDA Annual Consultation and Listening Session on Tribal Barriers: Economic Development
2024-04-25 13:00 - 16:30 (America/Chicago) | Virtual Event
WASHINGTON, April 15, 2024 – The U.S. Department of Agriculture (USDA) announces the Annual Consultation and Listening Session on Tribal Barriers: Annual Progress Report and Feedback for Next Steps, to be held April 22-26, 2024. These meetings with Tribal Nation officials will highlight historic Biden-Harris Administration investments made in response to Tribal Nation requests and discuss more ways to improve USDA service to Indian Country.
“In just three years, USDA has fundamentally changed the way we do business with Indian Country,” said Agriculture Secretary Tom Vilsack. “We have more partnerships between Tribes and National Forests, more marketing support for Native producers, and we are including more Native foods in our nutrition assistance programs. These are just a sampling of the many ways that we are reshaping our programs to include Tribal and Indigenous perspectives, remove barriers, and encourage Tribal self-determination.”
Consultations are formal, Nation-to-Nation meetings between USDA (representing the federal government) and officials from among the 574 federally recognized Tribal Nations. There are many agricultural producers in Indian Country, and USDA plays a significant role in upholding Tribal treaty rights and the Nation-to-Nation trust relationship. USDA agencies and offices host consultations throughout the year to hear from Tribal Nations about how USDA policies and programs can better support Indian Country.
The April consultations will focus on key priority areas for the Biden-Harris Administration. Senior USDA consulting officials from each agency will listen to concerns from official representatives from among the 574 federally recognized Tribal Nations. Before each consultation, Tribal organizations will facilitate caucuses to support Tribal leaders in discussing these issues. After the formal consultation with elected Tribal leaders concludes, there will be an informal listening session that is open to all Indian Country attendees.

Details: These consultations build on those which occurred in 2021, 2022, and 2023. Over three years of consultations, we have had some important, and at times difficult, conversations about barriers to services at USDA and ways we can improve the experience for Indian Country. We have made tremendous progress in many areas identified in these consultations, as we announced at the 2023 Tribal Nations Summit. We are proud of this progress, but there is still work to do. For the 2024 consultations and listening sessions, we will ask for your input on some critical issues that remain difficult to address. Our framing papers will outline key topics where we are seeking Tribal input, in addition to other concerns which leaders wish to bring to our attention.
Documents:

Tribal Invitation (PDF, 214 KB)
Proxy Letter Template (DOCX, 27.6 KB)

Time: Tribal Caucus – 2:00 pm – 3:00 pm ET / Tribal Consultation – 3:00 pm – 5:30 pm
Education and Research Consultation

Monday April 22 at 2PM
Registration Link
Framing Paper (PDF, 333 KB)
USDA Tribal Colleges, Students, & Youth Progress Update Spring 2024 (PDF, 235 KB)
USDA Tribal Barriers Removed Progress Update Spring 2024 (PDF, 185 KB)

Forests and Public Lands Management Consultation

Tuesday April 23 at 2PM
Registration Link
Framing Paper (PDF, 314 KB)
USDA Tribal Barriers Removed Progress Update Spring 2024 (PDF, 185 KB)

Farming, Ranching, and Conservation Consultation

Wednesday April 24 at 2PM
Registration Link
Framing Paper (PDF, 327 KB)
USDA Tribal Producers Progress Update Spring 2024 (PDF, 353 KB)
USDA Tribal Barriers Removed Progress Update Spring 2024 (PDF, 185 KB)

Economic Development Consultation

Thursday April 25 at 2PM
Registration Link
Framing Paper (PDF, 310 KB)
USDA Tribal Barriers Removed Progress Update Spring 2024 (PDF, 185 KB)

Food, Safety, and Trade Consultation

Friday April 26 at 2PM
Registration Link
Framing Paper (PDF, 283 KB)
USDA Tribal Food Sovereignty Progress Update Spring 2024 (PDF, 417 KB)
USDA Tribal Barriers Removed Progress Update Spring 2024 (PDF, 185 KB)

DOI Consultation on the the development of the Scientific Integrity Policy.
2024-04-26 13:00 - 15:00, 2024-04-30 19:00 - 21:00 | Virtual Event
The U.S. Department of the Interior (DOI) invites you to consult on the development of the DOI Scientific Integrity Policy. Pursuant to President Biden’s Memorandum on Restoring Trust in Government Through Scientific Integrity and Evidence-Based Policymaking | The White House, the National Science & Technology Council (NSTC) has created new policies and procedures pertaining to scientific integrity for the whole of the Federal Government. Those new polices in turn call for each federal agency to develop its own scientific integrity policy.
As DOI prepares its own policy, they seek to engage with you to hear your concerns and understand what you would like to see included in the policy. NSTC’s framework for all federal agencies is available at A Framework for Federal Scientific Integrity Policy and Practice (whitehouse.gov). To facilitate the consultation, enclosed are some questions for your consideration.
They will hold three consultation sessions, which will be open to all federally recognized Tribal Nations, Alaska Native Claims Settlement Act Corporations, and Native Hawaiian Organizations. They invite you to register for one or more of the sessions listed below using the links provided.

Monday, April 22 at 2:00 pm – 4:00 pm Eastern
Register for Session 1
Friday, April 26 at 2:00 pm – 4:00 pm Eastern
Register for Session 2
Tuesday, April 30 at 8:00 pm – 10:00 pm Eastern
Register for Session 3

You may submit written comments to DOISIPConsultation@usgs.gov. Written comments must be received by 11:59 p.m. EDT on May 31, 2024, to ensure timely consideration.
If you need further information, please contact Chris Hammond, Head of the Office of Tribal Relations at the U.S. Geological Survey, at chammond@usgs.gov or 703-648-6621.

USDA Annual Consultation and Listening Session on Tribal Barriers: Food, Safety, and Trade
2024-04-26 13:00 - 16:30 | Virtual Event

ASPE Tribal Consultation on the 2023 HHS Equity Action Plan Update
2024-04-29 13:30 - 15:00 | Virtual Event
The Office of the Assistant Secretary for Planning and Evaluation seeks Tribal input and recommendations on the 2023 update to its Equity Action Plan. The plan is part of HHS’s efforts to implement the President’s Executive Order on Further Advancing Racial Equity and Support for Underserved Communities Through The Federal Government, reaffirming the Administration’s commitment to deliver equity across America. ASPE welcomes comments on all aspects of the plan and has also developed guiding questions to facilitate Tribal review that are set forth in this Dear Tribal Leader Letter. The consultation will be on April 29 at 2:30 – 4:00pm ET with written comments request by May 29 via consultation@hhs.gov with subject line “HHS Equity Action Plan.”

Department of Education Tribal Consultation on FY 26 Budget Priorities
2024-04-30 13:00 - 16:00 | Virtual Event
April 30 at 2:00 pm – 5:00 pm Eastern
Register
On April 30, 2024, the U.S. Department of Education (Department) will conduct a Tribal Consultation on developing budget priorities for the President’s fiscal year (FY) 2026 budget for the Department. The purpose of this consultation will be to receive meaningful input from American Indian and Alaska Native communities to ensure that your views inform the FY 2026 budget development process. This consultation will advance the Department’s commitment to upholding the federal trust responsibility described in Executive Orders 13175 and 14112.
In addition to the Tribal Consultation session, the Department will accept written comments by email sent to TribalConsultation@ed.gov. The comment period opens today March 29, 2024, and closes at 11:59 p.m. ET on May 30, 2024. Written comments received prior to the scheduled Tribal Consultation will be provided to Department officials in preparation for the Tribal Consultation. The Department of Education remains steadfast in its commitment to honor the nation-to-nation relationship and advance Tribal sovereignty and self-determination.
A Tribal government may designate information provided during the consultation as “sensitive” and request non-disclosure of the information to the public. Certain federal laws, including the Freedom of Information Act, may require the Department to disclose information provided during this Tribal Consultation even if it was designated as sensitive by a Tribal government. Questions about this notice can be sent to TribalConsultation@ed.gov. This Tribal Consultation is closed to the press.

Department of Homeland Security's Tribal Government Affairs Virtual Consultation on the Immigration and Naturalization Act
2024-05-06 14:00 - 15:30, 2024-05-10 14:00 - 15:30, 2024-05-15 14:30 - 16:00, 2024-05-23 12:00 - 13:30 | Virtual Event
Dear Tribal Leader Letter
The Department of Homeland Security’s Tribal Government Affairs office will be hosting several virtual consultation sessions on proposed legislative changes to the Immigration and Naturalization Act (INA), specifically section 289.

Monday, May 6, 2024, from 3:00 p.m. – 4:30 p.m., ET
Register
Friday, May 10, 2024, from 3:00 p.m. – 4:30 p.m., ET
Register
Wednesday, May 15, 2024, from 3:30 p.m. – 5:00 p.m., ET
Register
Thursday, May 23, 2024, from 1:00 p.m. – 2:30 p.m., ET
Register

Please send any written comments and recommendations on the proposed amendments to INA 289 by e-mail to: Tribal.Consultation@hq.dhs.gov – Subject line: INA 289 Change.
DHS will accept written comments prior to and during the consultations and afterwards through July 9, 2024. After the comment period closes, DHS will review all feedback and internally deliberate on the proposed amendments to INA § 289 that should be proposed to Congress.
If you have questions regarding this effort, or need any accommodations for the sessions, please directly contact the Tribal Affairs mailbox at Tribal.Affairs@hq.dhs.gov.

FEMA Tribal Listening Sessions and Consultation on the Tribal Consultation Policy
2024-05-07 11:30 - 13:00, 2024-05-23 14:30 - 16:30, 2024-05-28 14:00 - 16:00 | Virtual Event
Dear Tribal Leader Letter
Framing Paper
FEMA Tribal Consultation Policy
FEMA invites Tribal Nations to participate in a series of tribal listening sessions and consultations to provide feedback on the current Tribal Consultation Policy. FEMA is committed to ensuring all participants have equal access regardless of disability status. If you require reasonable accommodation due to a disability to fully participate in the engagements listed below, please contact fema-tribal@fema.dhs.gov as soon as possible.

Tribal Listening Sessions and Tribal Consultations:
Date: Wednesday, April 11, 2024
Time: 3:00 – 5:00 p.m. ET
Location: FEMA Headquarters Building, 500 C Street, SW, Washington, DC 20472
Virtual: To register for the consultation, please visit this Zoom link

Date: Tuesday, May 7, 2024
Time: 10:30 a.m. – 12:00 p.m. MT
Location: Crowne Plaza Hotel & Resort, 4300 E Washington Street, Phoenix, AZ 85034, hosted by the Bureau of Indian Affairs Tribal Assistance Coordination Group (TAC-G) Conference
Registration: You can register for the TAC-G Conference for free, here

Date: May 23, 2024
Time: 3:30 pm – 5:30 pm ET
Location: Zoom
Virtual: Zoom Registration link

Date: May 28, 2024
Time: 3:00 pm – 5:00 pm ET
Location: Zoom
Virtual: Zoom Registration link

The purpose of the tribal listening session and consultations is to gather Tribal Nations’ feedback on the Tribal Consultation Policy so that it better meets the needs of Tribal Nations across Indian Country.
Additional consultation dates and information, including a framing paper, will be available on the FEMA Tribal Consultations webpage at a later date.
Tribal Nations can send their comments and any questions to fema-tribal@fema.dhs.gov. Please include the subject line “Tribal Consultation Policy – Written Comments.” Feedback and comments are due by July 30, 2024.

IHS Tribal Consultation on Health Information Technology (IT) Modernization Program – Deployment and Cohort Planning
2024-05-09 12:30 - 14:00 | Virtual Event
IHS is hosting quarterly Tribal consultations on Health IT (or HIT) Modernization effort. The next session will be held on May 9 from 1:30 – 3:00pm ET on the topic of “Deployment and Cohort Planning.” Registration information and details on the calendar year consultation dates is included in this Dear Tribal Leader Letter.

DOI, HHS, DOJ Tribal Consultation on the ICWA
2024-05-14 14:00 - 16:00 | 123 Easy Street, Nashville, TN, 37211, United States
Dear Tribal Leader Letter
May 14 at 2:00 pm – 4:00 pm Central
Virtual and In-person
The Oneida Hotel
2040 Airport Drive
Green Bay, WI 54313
Mohawk/Onondaga Room
Register at https://acf‐hhs‐gov.zoomgov.com/meeting/register/vJItce6srDwpEgoOhE7v0WojQat6 M5wtsCU
They are seeking input on the following:

What additional supports would Tribal leaders find helpful to build their Tribe’s capacity to exercise their rights and responsibilities under ICWA?
Are there specific supports you believe the Federal government could provide to help state courts and child welfare agencies meet their obligations under ICWA? In your experience, are there specific aspects or requirements of ICWA where state courts and agencies need to build greater understanding or capacity?
Are there existing State-Tribe collaborative partnerships or processes that you believe have helped support effective implementation of ICWA?

They welcome your written comments, which should be submitted by email to consultation@bia.gov by 11:59pm ET on Friday, June 14, 2024.
If you have any questions regarding this effort, please contact Meghan Bishop, Policy Specialist to the Assistant Secretary — Indian Affairs, via email at meghan.bishop@bia.gov or 202-208-7163.

Minority Business Development Agency Tribal Consultation
2024-05-17 | Virtual Event
May 17, 2024
Additional information regarding the consultation meetings will be posted on MBDA’s website at https://www.mbda.gov/​tribalconsult2024. The Tribal consultation meetings will be recorded and transcribed so that MBDA can retain valuable input and feedback.
Federal Register :: Minority Business Development Agency’s Request for Public Comment and Notice of Tribal Consultation Meetings
Members of the general public are invited to submit responses to the following questions. Please provide comments on any or all of the following issues and identify the specific AIANNH community addressed by these comments:

What is the primary challenge (or top three challenges) businesses encounter in AIANNH communities? What solutions do you think would help to address the challenge(s)?
What are some best practices that you have seen implemented that positively address the business challenges experienced by your AIANNH community through self-funded and/or externally funded programs ( e.g., Federal, State, local government, foundations, etc.)?
If you have direct or indirect experience with a MBDA AIANNH project, please provide your thoughts on which services and activities were most beneficial and which could have been more effective.

For comments to be considered, they must include the following identification of the commenter: name; title (if applicable); Tribe, Alaska Native Corporation, or native community (if applicable); organization or business (if applicable); city and state; and they must be submitted in written form at www.regulations.gov. To access the docket where comments may be submitted, please enter “DOC-2024-0003” in the search bar. Comments must be received no later than 11:59 p.m., EDT, Sunday, June 16, 2024.

Treasury Department Tribal Consultation on a Notice of Proposed Rulemaking (NPRM) entitled “Long-Term, Part-Time Employee Rules for Cash or Deferred Arrangements Under Section 401(k)"
2024-05-17 12:00 - 14:00 | Virtual Event
Dear Tribal Leader Letter
May 17 at 1:00 pm – 3:00 pm Eastern
Register
Many Tribal governments provide a retirement plan as an incentive to attract and retain employees. The Long-Term, Part-Time Employee Rules for Cash or Deferred Arrangements Under Section 401(k) NPRM contains a proposed regulation that would reflect statutory changes made by section 112 of the SECURE. The proposed regulation includes provisions that Tribal retirement plans and other employers will need to consider.
For more information and proposed questions, please see the Dear Tribal Leader Letter or visit the Tribal Consultation page on Treasury’s website. Treasury is accepting written comments received by June 17, 2024, 11:59 p.m. Alaska Time. Please submit written comments at tribal.consult@treasury.gov.

HRSA Annual Tribal Consultation
2024-05-20 10:45 - 12:45 | The Monument, Rapid City, SD, United States
Register
The Health Resources and Services Administration (HRSA) will host a Tribal Consultation during the National Indian Health Board’s (NIHB) 2024 National Tribal Health Conference (NTHC) from 10:45 AM – 12:45 PM CT on Monday, May 20, 024, at The Monument in Rapid City, SD.
The Health Resources and Services Administration (HRSA), part of the U.S. Department of Health and Human Services (HHS), will be conducting a Tribal Consultation on two topics: the agency’s revised Tribal Consultation Policy and the calculation and use of Health Professional Shortage Area (HPSA) scores. These scores are used by the National Health Service Corps to determine priorities for the assignment of primary care, dental health, and mental health professionals.
HRSA encourages all Tribal Leaders to participate in this timely discussion to help ensure valuable input representing American Indians and Alaska Natives on these important topics.
There is no cost to register for and attend the Annual HRSA Tribal Consultation.
For additional information or if you have questions, please email Garrett at glankford@nihb.org or call at 202-996-4302.

USDA Forest Service Tribal Consultation and Forum | Carbon Stewardship Proposed Rule & National Old Growth Amendment Update
2024-05-22 13:00 | Virtual Event
Tribal Leader Letter
Summary Analysis of Carbon Stewardship
Summary of Consultation Collaboration
May 22 at 2:00 pm Eastern
Register

NIH Tribal Consultation on the Initiative for Improving American Indian and Alaska Native Cancer Outcomes
2024-05-22 13:00 | Virtual Event
Dear Tribal Leader Letter
Framing Paper
May 22 at 1:00 pm Central
Register
The National Institute of Minority Health and Health Disparities (NIMHD), part of the National Institutes of Health under the U.S. Department of Health and Human Services, invites you to a virtual Tribal Consultation on an initiative for improving American Indian and Alaska Native cancer outcomes, to be held on May 22, 2024, at 2:00 p.m. ET (1:00 p.m. CT, 12:00 p.m. MT, 11:00 p.m. PT). We hope that you will be able to participate in this discussion and provide input on the development of a funding opportunity to support efforts to improve cancer outcomes in American Indians and Alaska Natives through advanced screening, diagnosis, and treatment.
American Indians and Alaska Natives experience overall cancer incidence and mortality rates that are strikingly higher than non-Native populations. They are seeking input from Tribal Nations and organizations in the creation of an initiative for improving American Indian and Alaska Native cancer outcomes. To improve the screening, diagnosis, and treatment of cancers among Native Americans, particularly those living in rural communities, the initiative will incorporate multifaceted efforts including research, education, outreach, and clinical access related to cancer. In accordance with Congressional language NIMHD will work with the National Cancer Institute (NCI) to locate this initiative at an NCI-designated cancer center demonstrating partnerships with Tribal Nations, Tribal organizations, and urban Indian organizations.
They are seeking your input on this initiative, to which any NCI-designated cancer center working in partnership with Tribal Nations, Tribal organizations, and urban Indian organizations can apply. They would like to understand the research priorities and cultural approaches important to your communities to be captured in the initiative. They value the opportunity to learn how the initiative for improving cancer outcomes might help advance the goals and strategic priorities of Tribal Nations.

HHS Briefing for Tribal Communities on Syphilis and Congenital Syphilis
2024-05-28 15:30 - 16:00 | Virtual Event
Please join ADM Rachel Levine, Assistant Secretary for Health at the Department of Health and Human Services (HHS), Dr. Loretta Christensen, Chief Medical Officer at the Indian Health Service (IHS), and Dr. Laura Bachman, Acting Director of the Division of STD Prevention at the Centers for Disease Control and Prevention (CDC) for a briefing on the federal response to syphilis and congenital syphilis in Tribal communities. The briefing will be on Tuesday, May 28, 2024, at 4:30pm ET.
Briefing for Tribal Communities on Syphilis and Congenital Syphilis
Date: Tuesday, May 28
Time: 4:30-5:00pm ET
Please register at:
https://hhsgov.zoomgov.com/meeting/register/vJIsduqurTotH1xNSH08pV3x2-Qx7SEODu0#/registration (-> click.connect.hhs.gov)

HHS Annual Regional Tribal Consultations: Region 2
2024-05-30 | 123 Easy Street, Nashville, TN, 37211, United States
Dear Tribal Leader:
I write to invite you to the 2024 Department of Health and Human Services (HHS) Annual Regional Tribal Consultations that will be held across the country. The Regional Consultations provide regional forums for Tribes to share their views, concerns, and recommendations with HHS officials on health and human services priorities. We hope the consultations will provide a venue for two-way conversations between Tribal leaders and HHS officials.
As in previous years, Regional Consultations will also include opportunities for Tribes to meet one-on-one with regional leadership. These sessions are intended to provide Tribes with time to discuss their specific health and human service issues with HHS officials. Please contact your Regional Tribal Liaison for further information on signing up for a one-on-one session. The contact information for each of the Regions is listed in an appendix to this letter.
Below are the dates for the 2024 Regional Consultations:
May 1-3: Region 10 (Hybrid)
Silver Reef Hotel Casino Resort
4876 Haxton Way
Ferndale, WA 98248
May 14-15: Region 9 (In-person)
University of Nevada – Las Vegas
4505 S Maryland Pkwy
Las Vegas, NV 89154
May 30: Region 2 (Primarily in-person, hybrid option)
St. Regis Mohawk
Akwesasne Mohawk Resort
873 NY-37, Hogansburg, NY 13655
June 12-13: Region 5 (In-person)
Pending
June 20: Region 1 (Virtual)
ZoomGov
June 25-26: Region 7 (In-person)
Bolling Federal Office Building
601 East 12th Street
Kansas City, MO 64106
July 16-17: Region 3 (In-person)
Chickahominy Indian Tribe
8200 Lott Cary Road
Providence Forge, VA 23140
July 29-30: Region 8 (In-person)
Denver Art Museum
100 W 14th Ave. Pkwy
Denver, CO 80204
August 14-15: Region 4 (Primarily in-person, hybrid option)
Eastern Band of Cherokee
Building location TBD
August 20-22: Region 6 (Hybrid)
MetroTech Conference Center
1900 Springlake Dr.
Oklahoma City, OK 73111
Additional details are forthcoming, including registration links and agendas, and will be communicated directly through each Region to their area’s respective Tribes, as well as via the Office of Intergovernmental and External Affairs (IEA) Tribal Affairs Bi-Weekly Newsletter (please sign up for our listserv here).
Thank you for your continued support of the consultation process. We look forward to your participation and ongoing partnership. In the interim, please contact the IEA Tribal Affairs team at consultation@hhs.gov with any questions.
Respectfully,
Bertha Alisia Guerrero, Director
Office of Intergovernmental and External Affairs
Appendix: Regional Tribal Liaison Contact Information

Region 1: Taylor Bryan Turner taylor.bryanturner@hhs.gov
Region 2: Sean Hightower sean.hightower@hhs.gov
Region 3: Melissa Herd melissa.herd@hhs.gov
Region 4: Natalia Cales natalia.cales@hhs.gov
Region 5: Melissa Watt melissa.watt@hhs.gov
Region 6: Julia Lothrop julia.lothrop@hhs.gov
Region 7: Nick Clasen nickolas.clasen@hhs.gov
Region 8: Elsa Ramirez elsa.ramirez@hhs.gov
Region 9: Schuyler Hall schuyler.hall@hhs.gov
Region 10: Priya Helweg priya.helweg@hhs.gov

USDA Tribal Consultation on increased and expanded Tribal self-determination policies
2024-06-03 12:00 - 15:00, 2024-06-03 15:30 - 18:30, 2024-06-05 12:00 - 15:00 | Hybrid Event, TN
USDA Tribal Consultations on Expanding Tribal Self Determination Policies at USDA
(Hybrid: In-person and virtual)
Taking Place during the NCAI Mid-Year at Cherokee, North Carolina
Dear Tribal Leader Letter

Forestry Consultation
June 3 at 1:00 pm – 4:00 pm Eastern
Register
Meat Inspections Consultation
June 3 at 4:30 pm – 7:30 pm Eastern
Register
Food and Nutrition Programs Consultation
June 5 at 1:00 pm – 4:00 pm Eastern
Register

All attendees, including those attending in-person, must register/RSVP above. The Zoom link will allow you to choose “Virtual” or “In-Person.”
This will be a formal Tribal Consultation. Tribal leaders and proxies will have the floor in a nation-to-nation consultation. Tribal leaders may formally designate proxies to attend and speak on their behalf, and/or may call on subject matter experts to speak on their behalf during the consultation. Proxies may submit their proxy forms, which are enclosed with this letter to tribal.relations@usda.gov.

FCC Tribal Consultation on Missing and Endangered Persons (MEP) Event Code NPRM
2024-06-03 14:00 - 15:30 | Harrah’s Cherokee Resort and Casino, 777 Casino Drive, Cherokee, NC, 28719, United States
Greetings from the Federal Communications Commission.
We are pleased to announce that on Monday, June 3rd, Office of Native Affairs and Policy (ONAP) staff will hold a Tribal consultation session from 3:00 – 4:30 p.m. EDT to coincide with the National Congress of American Indians Mid Year 24 Convention and Marketplace in Cherokee, North Carolina. This session will be an informational presentation and opportunity for Tribal consultation on the Federal Communications Commission’s Notice of Proposed Rulemaking (NPRM) proposing that a new “Missing and Endangered Person” (MEP) event code be added to the nation’s Emergency Alert System. Further information about the FCC’s MEP event code proceeding can be found online at www.fcc.gov/MEP.
ONAP is coordinating Tribal consultation on the NPRM to facilitate substantive engagement with federally recognized Tribal Nations and Native Hawaiian Organizations. As part of the consultation process, Tribal leaders are invited to present statements and comments which, at the option of the Tribal leader, ONAP will enter into the formal record for the proceeding with the goal of ensuring that the FCC considers Tribal input on this important issue.
ONAP’s consultation session is available to anyone attending NCAI’s conference on June 3rd and we encourage you to attend and participate. We also invite Tribal leaders to send their statements regarding the FCC’s proposal in advance, if possible, or after the consultation. Please send statements to Native@fcc.gov which is an email inbox monitored by ONAP staff.
These consultations will be facilitated by ONAP, and in addition to Tribal leaders, may be of special interest to communications and broadcasting personnel; social services, public safety and emergency management personnel; Tribal law enforcement; and other interested representatives from your Nation.
Filing Public Comments
We also encourage you to submit written comments directly to the docket for this proceeding via the FCC’s Electronic Comment Filing System, using the following docket numbers: PS 15-91 and PS 15-94. The NPRM was published in the Federal Register on April 18, 2024, announcing that public comments were due May 20, 2024, and reply comments are due June 17, 2024.
If you have questions or seek further information please write to Native@fcc.gov, or visit www.fcc.gov/office-native-affairs-and-policy.
Bambi Kraus
Chief, Office of Native Affairs and Policy

U.S. DOJ Tribal EJ Consultation
2024-06-05 12:00 - 14:00 | Hybrid Event, TN
Dear Tribal Leader Letter
June 5 at 1:00 pm – 3:00 pm Eastern
During the NCAI Mid-Year 2024 Annual Conference
Harrah’s Cherokee Casino Resort
777 Casino Drive
Cherokee, NC 28719
July 11 at 2:00 pm – 4:00 pm Eastern
Virtual
Register
Submit your written comments either by email to OTJ@usdoj.gov or by mail to Office of Tribal Justice, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530-0001 by August 16, 2024.

Tribal Consultation on the Build America, Buy America Act and Tribal Data Sovereignty
2024-06-13 13:00 - 16:00 | Virtual Event
Dear Tribal Leader,
On June 13, 2024, from 2-5 p.m. ET, the U.S. Department of Education (ED) will conduct a Tribal Consultation on the implementation of the Build America, Buy America Act and Tribal data sovereignty. This consultation advances the Department’s commitment to uphold the federal trust responsibility as described in Executive Order 13175 – Consultation and Coordination with Indian Tribal Governments and Executive Order 14112 – Reforming Federal Funding and Support for Tribal Nations to Better Embrace Our Trust Responsibilities and Promote the Next Era of Tribal Self-Determination.
The Tribal consultation will be conducted by the Office of Indian Education and facilitated by the White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Native Americans and Strengthening Tribal Colleges and Universities.
Register for the Tribal Consultation.
Please follow the registration link above to participate in the consultation. To maintain online security, each attendee must register individually, and registration cannot be transferred to or used by others. Once you have completed registration, an individualized access link for the session will be sent to you with additional information.
Written Comment Period
Written public comments for both topics will only be collected through the TribalConsultation@ed.gov email address. The comment period is now open, and all comments must be received by 11:59 p.m. ET on July 15, 2024. The Department of Education remains steadfast in its commitment to honor the nation-to-nation relationship and advance Tribal sovereignty and self-determination.
A Tribal government may designate information provided during the consultation as “sensitive” and request non-disclosure of the information to the public. Certain federal laws, including the Freedom of Information Act, may require disclosure of information designated sensitive by a Tribal government. Questions about this notice can be sent to TribalConsultation@ed.gov. This consultation is a closed press event.
Background
Build America, Buy America Act (BABAA)

On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act P.L. 117-58 (IIJA) into law. A component of the IIJA is the Build America, Buy America Act (Division G, Title IX of the IIJA) (BABAA).
BABAA establishes for all covered Federal agencies (including the U.S. Department of Education (ED)), the following domestic content procurement preference requirement: “none of the funds made available for a Federal financial assistance program for infrastructure…may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.”
At ED, infrastructure and the corresponding BABAA domestic sourcing requirements are generally limited to construction and broadband infrastructure.
After review and a public comment period, ED may waive BABAA requirements when (1) applying the preference would be inconsistent with the public interest; (2) types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.
For ED, BABAA requirements went into effect as of October 1, 2022.
ED consulted with Tribes on August 23, 2022, regarding BABAA implementation before that implementation date. ED also heard consultation with Tribal Nations through a September 21, 2022, consultation hosted by the White House Council on Native American Affairs and other agencies.
Since that time, OMB has established regulations regarding BABAA implementation, which are available at 2 CFR part 184, and supporting guidance in M-24-02 – Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure.

ED has 4 agency-level waivers currently in effect:

Public Interest Tribal Consultation Waiver for Financial Assistance Agreements with Tribes: Applicable 2/7/2024 – 2/6/2025. This waiver applies to federally recognized Tribes, including their governmental arms and instrumentalities, or Tribal organizations (Federal financial assistance recipients who are Tribally Controlled Colleges and Universities (TCCUs) are included in the scope). The waiver allows the use of non-domestic iron, steel, manufactured products, and construction materials in infrastructure projects and activities. The waiver applies to grants obligated on or after 2/7/2024, and, in the case of grants obligated before 2/7/2024, but after 10/01/2022, the waiver applies to all expenditures for non-domestic iron, steel, manufactured products, and construction materials incurred after 2/7/2024.
De Minimis, Small Grants, and Minor Components Waiver: Applicable 7/31/2023 – 7/30/2028. The De Minimis element sets a De Minimis infrastructure project purchases threshold of 5% of total applicable project costs. Applicable project costs are defined as material costs subject to the Buy America domestic content procurement preference up to a maximum of $1,000,000. The Small Grants element applies to awards with total federal funding at or below the Simplified Acquisition Threshold, which is currently set at $250,000. The Minor Components element allows infrastructure grantees to use non-domestically produced miscellaneous minor iron and steel components comprising no more than 5% of the total material cost of an otherwise domestically produced iron and steel product. This waiver applies to infrastructure grants obligated on or after 7/31/2023, and, in the case of grants obligated before 7/31/2023, but after 10/01/2022; the waiver will apply to all expenditures for non-domestic iron, steel, manufactured products, and construction materials incurred after 7/31/2023.
Public Interest Waiver for the Pacific Island Territories of the Commonwealth of the Northern Mariana Islands, Guam, and American Samoa: Applicable 1/2/2024 – 1/1/2025. This waiver permits the use of non-domestic iron, steel, manufactured products, and construction materials in infrastructure projects located within the Pacific Island Territories (PITs) when the total Federal award exceeds the Simplified Acquisition Threshold, currently set at $250,000. The waiver applies to PIT infrastructure grants obligated on or after 1/2/2024, and, in the case of grants obligated before 1/2/2024, but after on or after 10/01/2022, the waiver applies to all expenditures for non-domestic iron, steel, manufactured products, and construction materials incurred after 1/2/2024.
Public Interest Waiver for Certain Previously Planned Infrastructure Projects: Applicable from 11/3/2023 – 11/2/2025. Waives BABAA requirements for ED awards obligated on or after 11/3/2023 that support (i) contracts that ED grantees entered into prior to 10/1/2022 and/or (ii) contracts entered into before 3/1/2023 resulting from solicitations published before 5/14/2022. For awards and amendments that otherwise meet these criteria but which were obligated before 11/3/2023, the waiver applies to eligible expenditures on or after 11/3/2023.

Listed below are the Department-administered grant programs subject to the BABAA requirements that are more likely to award grants to Tribes or Tribal organizations:

Alaska Native Education (Assistance Listing Number 84.356A)
American Indian Tribally Controlled Colleges and Universities (Part F) (ALN 84.031D)
American Indian Tribally Controlled Colleges and Universities (ALN 84.031T)
Individuals with Disabilities Education Act Part B
Individuals with Disabilities Education Act Part C
Fund for the Improvement of Postsecondary Education (FIPSE)- HBCU, TCCU, and MSI Research and Development Infrastructure Program (ALN 84.116H)

Data Sovereignty
High-quality, culturally relevant data collection is critical to meeting the educational needs of American Indian, Alaska Native, and Native Hawaiian (AI/AN and NH) students. In 2018, the U.S. Commission on Civil Rights’ Broken Promises report found that under 2007 guidelines (72 FR 59266), the Department collected data reports only from AI/AN students, who did not indicate that they were ‘multiracial’. This guideline will be updated with the Office of Budget and Management’s (OMB) revisions to Statistical Policy Directive No. 15 Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity. Along with federal data, Tribal Nations have a sovereign right to collect, use, manage, and access their data.
The Department is seeking input from Tribal Leaders and Tribal Education Departments regarding the development, collection, protection, and application of data sovereignty, including as it relates to education, student counts, traditional knowledge, and Native languages.
The Family Educational Rights and Privacy Act (FERPA)
FERPA (20 U.S.C. § 1232g; 34 CFR Part 99), is a federal law that is administered by the Student Privacy Policy Office (SPPO) in the U.S. Department of Education (Department) that provides certain rights for parents regarding their children’s education records. When a student reaches 18 years of age or attends an institution of postsecondary education at any age, he or she becomes an “eligible student,” and all rights under FERPA transfer from the parent to the student. FERPA applies to schools that receive funding under any program administered by the Department. Private and faith-based schools at the elementary and secondary levels generally do not receive such funding and are, therefore, generally not subject to FERPA.
FERPA protects “education records,” which are generally defined as records that are directly related to a student and maintained by an educational agency or institution or by a party acting for the agency or institution. An “educational agency or institution,” generally means a school district, a public elementary or secondary school, or an institution of postsecondary education such as a college or university.
Under FERPA, an educational agency or institution generally may not disclose personally identifiable information (PII), from a student’s education records to a third party unless the student’s parent has provided prior written consent. However, there are a number of exceptions to FERPA’s general consent requirement that permit a school to disclose PII from education records without consent, but they are not required to do so by FERPA. For more information regarding FERPA, please visit our student privacy website at: https://studentprivacy.ed.gov/ (-> l9nnctdbb.cc.rs6.net). In addition, here are two specific resources that may be helpful:

A Parent Guide to the Family Educational Rights and Privacy Act (FERPA)
Letter to UTAH SEA Regarding Disclosures to Indian Tribes-April 2005

The Department supports data transparency consistent with relevant statutory requirements. For example. https://data.ed.gov/ (-> l9nnctdbb.cc.rs6.net) provides access to the Department’s open data.
Consultation Questions
Build America, Buy America Act (BABAA)

What questions do Tribes have about the BABAA requirements? How would you prefer those questions be addressed? Are there particular formats or contexts for responding to questions that would be most useful?
Is your Tribe currently implementing any infrastructure projects using ED funds? If so, have you faced any BABAA-related challenges?
Does your Tribe generally source iron, steel, manufactured products, and/or construction materials from the United States?
Are there particular types of materials that you find particularly challenging to source in the United States?
How can ED assist Tribes in implementing the BABAA requirements?
Has your Tribe made use of an ED agency level BABAA waiver? If so, which one? Do you have any feedback you would like to share in terms of the process? If not, do you plan to use one in the future?
What other recommendations do Tribes have for ED related to BABAA policy, procedures, waivers, and guidance?

Data Sovereignty

The Department uses data to inform its budget, grantmaking, and other decisions. What sources of information or data on the performance and needs of Native American students, teachers, and schools do you believe should inform these processes the Department?
What types of data do you use to gather information about education and/or AI/AN and NH students? Is this public information? If so, please share sources with the Department.
Given existing statutory limitations, what recommendations do you have for promoting educational data sovereignty?
What recommendations do you have for specific federal reforms regarding the use of traditional knowledge in the U.S. educational system?
How can the federal government co-manage data with tribal governments, tribal organizations, and tribal colleges and universities including Native-serving institutions in postsecondary education?

Family Educational Rights and Privacy Act (FERPA)
How does FERPA impact a Tribe’s and/or Tribal Education Department’s ability to receive student-level data from educational agencies or institutions?

a DOJ Government-to-Government Tribal Consultation on Telemedicine Regulations
2024-06-13 14:00 | Virtual Event
Dear Tribal Leader Letter
Framing Paper

June 13 at 3:00 pm Eastern
June 27 at 3:00 pm Eastern

If you are interested in attending one or both virtual consultations, please respond to OTJ@usdoj.gov by June 11, 2024, and include the name(s) and email addresses of your representatives. If you do not have reliable access to email you are welcome to join by phone; please call (202) 514-8835 if you will need to join by phone and be sure to leave a contact name and phone number in your message. Written comments will be welcome.

In response to the two March 2023 NPRMs, DEA received at least six comments from Alaskan Native and American Indian (AN/AI) organizations expressing concerns about the proposed telemedicine regulations. Among their concerns was DEA’s assertion that there would be no direct impact on Tribal communities, which they argued was inaccurate. They contended that despite the telemedicine exception for certain Indian Health Services and Tribal practitioners there would still be a substantial direct effect on Tribal communities given the limited practical and legal scope of the exception under 21 USC 802(54)(C).
Based on the comments received regarding the two NPRMs and presentations at the September 2023 Telemedicine Listening Sessions, DEA requests interested Tribal communities and persons to share concerns and feedback regarding the practice of Telemedicine and its impact on Tribal communities.
DEA, in coordination with the US Department of Justice Office of Tribal Justice (OTJ), will be hosting two virtual consultations.

FCC ONAP Tribal Consultation on Missing and Endangered Persons (MEP) Event Code NPRM
2024-06-13 15:00 - 17:00 | 123 Easy Street, Nashville, TN, 37211, United States
June 13 at 1:00 pm – 3:00 pm in Phoenix, Arizona at the Heard Museum (2301 North Central Avenue)
This Tribal consultation will be on the Federal Communications Commission’s Notice of Proposed Rulemaking (NPRM) proposing that a new “Missing and Endangered Person” (MEP) event code be added to the nation’s Emergency Alert System. Further information about the FCC’s MEP event code proceeding can be found online at www.fcc.gov/MEP.
To register, please visit ONAP’s event registration page and fill out the requested information: www.fcc.gov/onap-event-registration. After you register, ONAP staff will confirm your registration and provide logistical information by email from Tribal.Events@fcc.gov.
ONAP is coordinating Tribal consultation on the NPRM to facilitate substantive engagement with federally recognized Tribal Nations and Native Hawaiian Organizations. In addition to Tribal leaders, this consultation may be of special interest to communications and broadcasting personnel; social services, public safety and emergency management personnel; Tribal law enforcement; and other interested representatives from your Nation.
As part of the consultation process, Tribal leaders are invited to present statements and comments which, at the option of the Tribal leader, ONAP will enter into the formal record for the proceeding with the goal of ensuring that the FCC considers Tribal input on this important issue. There will be time on the agenda for a discussion and listening session for other Tribal representatives after Tribal leaders have presented their statements and comments during the consultation.
They invite Tribal leaders to send their statements regarding the FCC’s proposal in advance, if possible, or after the consultation. Please send statements to Native@fcc.gov which is an email inbox monitored by ONAP staff.
Filing Public Comments
They also encourage you to submit written comments directly to the docket for this proceeding via the FCC’s Electronic Comment Filing System, using the following docket numbers: PS 15-91 and PS 15-94. The NPRM was published in the Federal Register on April 18, 2024, announcing that public comments were due May 20, 2024, and reply comments are due June 17, 2024.
If you have questions or seek further information please write to Native@fcc.gov, or visit www.fcc.gov/office-native-affairs-and-policy.
