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Product ID: 389798EAU
 
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EPA Guidance on Indian Tribe Consultation: What it Means and Why it Matters

OnDemand Webinar (56 minutes)

Did you know that the enactment of every federal policy may require consultation with one or more of the hundreds of sovereign Native American nations that exist within the boundaries of the United States? Indian tribes are distinct legal entities and must be consulted before federal agencies take any action that could affect a tribe's interests. The Environmental Protection Agency, with a mission encompassing the entire U.S. and all tribal sovereigns within it, is often required to engage in consultation with tribes. This OnDemand Webinar will describe the legal significance of the federal-tribal consultation process, provide a practical account of how the consultation process affects potential regulatory and business decisions, and equip you with tools for staying up to date on the EPA's current proceedings. This information is useful to a broad audience, ranging from business people concerned about the effects of consultation procedures on project development, to federal government officials interested in revising or implementing consultation procedures, to tribal leaders seeking information about legal rights and avenues for advocacy.

Learning Objectives:

  • You will be able to discuss legal principles underlying consultation.
  • You will be able to explain environmental statutes requiring consultation.
  • You will be able to review the history of EPA's policy.
  • You will be able to identify Environmental Protection Agency's Consultations.

Authors

Blaine I. Green, Pillsbury Winthrop Shaw Pittman, LLP

Agenda

Significance of Federal Consultation With Indian Tribes

• Legal Principles Underlying Consultation

• Difference Between Tribal Consultation and Public Participation

• Why Do Consultations Matter

• Environmental Statutes Requiring Consultation

Environmental Protection Agency's Consultation Policy

• History of EPA's Policy

• Current Policy

• Activities That Trigger Consultation

Environmental Protection Agency's Consultations

• Overview: Number and Topics of Consultations

• Case Studies: Energy Project Development Consultations

• How to Stay Informed of and/or Participate in Consultations