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U.S. Department of Energy                       NOTICE
       Washington, D.C.					DOE N 144.1


                                              Approved:  10-20-06
                                               Expires:  10-20-07
                                
SUBJECT:  CHANGE TO DOE O 1230.2
                                
In accordance with Secretary Bodman’s memorandum entitled “DOE
American Indian and Alaska Natives Tribal Government Policy,”
dated January 20, 2006, the Policy attached to DOE O 1230.2,
American Indian Tribal Government Policy, dated 4-8-92, has been
replaced and superseded by the attachment to this Notice.

This change is effective immediately.  The above Order will be
revised to incorporate this change at a later date.

If you have any questions, please call the Office of
Congressional and Intergovernmental Affairs at (202) 586-5450.



                                        SAMUEL W. BODMAN
                                        Secretary of Energy



MEMORANDUM FOR HEADS OF DEPARTMENTAL ELEMENTS

FROM:     SAMUEL W. BODMAN

SUBJECT:  DOE American Indian and Alaska Natives Tribal
          Government Policy
          
I am committed to ensuring that the Department of Energy (DOE)
meets its responsibilities to Indian Nations and works in a
consistent manner with the government-to-government relationships
between federally recognized tribes and the U.S. Government.

The attached American Indian and Alaska Natives Tribal Government
Policy reaffirms that commitment and outlines the principles for
the Department to follow. I am modifying this existing policy to
provide for “periodic” summits.

I request that you be responsive to the Department’s policy and
look for ways to improve its implementation in order to ensure
that all employees are aware of this Policy and its provisions.
Tribal participation is frequently critical to DOE’S decision-
making processes.

If further guidance is needed, or if you have suggestions to
improve the current policy, please contact Mr. Eric Ciliberti,
Deputy Assistant Secretary for Intergovernmental Affairs, Office
of Congressional and Intergovernmental Affairs, at
(202) 586-4220.

Attachment

U.S. DEPARTMENT OF ENERGY AMERICAN INDIAN & ALASKA NATIVE TRIBAL
                        GOVERNMENT POLICY
                                
PURPOSE

This Policy sets forth the principles to be followed by the
Department of Energy (DOE) to ensure an effective implementation
of a government to government relationship with American Indian
and Alaska Native tribal governments. This Policy is based on the
United States Constitution, treaties, Supreme Court decisions,
Executive Orders, statutes, existing federal policies, tribal
laws, and the dynamic political relationship between Indian
nations and the Federal government.* The most important doctrine
derived from this relationship is the trust responsibility of the
United States to protect tribal sovereignty and self-
determination, tribal lands, assets, resources, and treaty and
other federally recognized and reserved rights. This Policy
provides direction to all Departmental officials, staff, and
contractors regarding fulfillment of trust obligations and other
responsibilities arising from Departmental actions which may
potentially impact American Indian and Alaska Native traditional,
cultural and religious values and practices; natural resources;
treaty and other federally recognized and reserved rights.

BACKGROUND

Indian nations are sovereign with unique political and legal
standing derived from a longstanding relationship as stated in
the Purpose section of this document. The Indian nations retain
an inherent right to self-governmental authority, and, therefore,
Federal activities affecting self-governance rights and impacting
upon trust resources require policy implementation in a
knowledgeable and sensitive manner protective of tribal
sovereignty and trust resources. The DOE released its Indian
Policy in 1992 and subsequently issued DOE Order 1230.2 that
established the responsibilities and roles of the DOE management
in carrying out its policy. At the request of Indian nations in
1998, the Secretary of Energy agreed to revise the 1992 American
Indian Policy and effect comprehensive implementation. This
revision was based in part on comments from Indian nations and
their leadership and replaces the 1992 Policy that is part of the
1992 Order.

DEFINITIONS

Indian Nation means any American Indian or Alaska Native Tribe,
Band, Nation, Pueblo, or other organized group or community,
including any Alaska Native village [as defined or established
pursuant to the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.)], which is acknowledged by the Federal government
to constitute a tribe with a government to government
relationship with the United States and eligible for the
programs, services, and other relationships established by the
United States for indigenous peoples because of their status as
American Indian and Alaska Native tribes, Bands, Nations, Pueblos
or communities.

American Indian and Alaska Native Tribal Government means the
recognized government of an Indian nation and any affiliated or
component band government of such nation that has been determined
eligible for specific services by Congress or officially
recognized in 25 CFR Part 83, “Indian Entities Recognized and
Eligible to Receive Services from the United States Bureau of
Indian Affairs,” as printed in the Federal Register.

Trust Responsibility includes, but is not limited to: promotion
and protection of tribal treaty rights, federally recognized
reserved rights, and other federally recognized interests of the
beneficiary American Indian and Alaska Native nations;
determining, documenting, notifying, and interacting with tribal
governments with regard to the impact of Departmental programs,
policies, and regulations to protect American Indian and Alaska
Native traditional and cultural lifeways, natural resources,
treaty and other federally recognized and reserved rights.

Consultation includes, but is not limited to: prior to taking any
action with potential impact upon American Indian and Alaska
Native nations, providing for mutually agreed protocols for
timely communication, coordination, cooperation, and
collaboration to determine the impact on traditional and cultural
lifeways, natural resources, treaty and other federally reserved
rights involving appropriate tribal officials and representatives
throughout the decision-making process, including final decision-
making and action implementation as allowed by law, consistent
with a government to government relationship.

Cultural Resources include, but are not limited to:
archaeological materials (artifacts) and sites dating to the
prehistoric, historic, and ethnohistoric periods that are located
on the ground surface or are buried beneath it; natural
resources, sacred objects, and sacred sites that have importance
for American Indian and Alaska Native peoples; resources that the
American Indian and Alaska Native nations regard as supportive to
their cultural and traditional lifeways.

Treaty and Trust Resources and Resource Interests include, but
are not limited to: natural and other resources specified and
implicit in treaties, statutes, and agreements, or lands or other
resources held in trust by the United States for the benefit of
tribes or individual Indian beneficiaries, including land, water,
timber, fish, plants, animals, and minerals. In many instances,
Indian nations retain hunting, fishing, and gathering rights, and
access to these areas and resources on lands or waters that are
outside of tribally-owned lands.

POLICY PRINCIPLES

I. DOE RECOGNIZES THE FEDERAL TRUST RELATIONSHIP AND WILL FULFILL
ITS TRUST RESPONSIBILITIES TO AMERICAN INDIAN AND ALASKA NATIVE
NATIONS.

The DOE will be diligent in fulfilling its federal trust
obligations to American Indian and Alaska Native governments in
policy implementation and program management activities. The DOE
will pursue actions that uphold treaty and other federally
recognized and reserved rights of the Indian nations and peoples.
The Department recognizes that some Tribes have treaty-protected
and other federally recognized rights to resources and resource
interests located within reservation boundaries, aboriginal
territories, and outside reservation and jurisdictional
boundaries, and will, to the extent of its authority, protect and
promote these treaty and trust resources and resource interests,
and related concerns in these areas.

When internal policies, regulations, and statutes, or other
barriers prohibit or hinder the DOE trust protection actions or
participation in eligible program initiatives, the Secretary will
direct the agency to seek corrective protection measures, and
tribal government program inclusion.

The DOE is committed to protecting treaty compliance and trust
interests of Indian nations during interactions with state and
local governments and other stakeholders with regard to DOE
actions impacting upon American Indian and Alaska Native
governments and peoples. The Department will inform and educate
state and local governmental entities and other stakeholders
about the DOE’S role and responsibilities regarding its trust
relationship with Indian nations.

The DOE will seek to determine the impacts of Departmental-
proposed legislation upon Indian nations, in extensive
consultation and collaboration with tribes. The Secretary will
implement this notice and consultation effort consistent with the
intent and purpose of this Policy.

II. THE DEPARTMENT RECOGNIZES AND COMMITS TO A GOVERNMENT TO
GOVERNMENT RELATIONSHIP AND WILL INSTITUTE APPROPRIATE PROTOCOLS
AND PROCEDURES FOR PROGRAM AND POLICY IMPLEMENTATION.

The DOE recognizes Tribal governments as sovereign entities with
primary authority and responsibility for the protection of the
health, safety and welfare of their citizens. The Department will
recognize the right of each Indian nation to set its own
priorities and goals in developing, protecting, and managing its
natural and cultural resources. This recognition includes
separate and distinct authorities that are independent of state
governments.

The Department, in keeping with the principle of self-governance,
recognizes American Indian and Alaska Native governments as
necessary and appropriate non-Federal parties in the federal
decision-making process regarding actions potentially impacting
Indian country energy resources, environments, and the health and
welfare of the citizens of Indian nations. The DOE will establish
protocols for communication between tribal leaders, the
Secretary, and federal officials. The DOE will ensure consistent
application of program and policy implementation with Indian
nations through periodic review, assessment, and collaboration
with tribal representatives to audit protocol systems. Principles
of consistent policy implementation will be tempered with
consideration of the diverse cultures and ideals of the Indian
nations.

III. THE DEPARTMENT WILL ESTABLISH MECHANISMS FOR OUTREACH,
NOTICE, AND CONSULTATION, AND ENSURE INTEGRATION OF INDIAN
NATIONS INTO DECISION-MAKING PROCESSES.

To ensure protection and exercise of tribal treaty and other
federally recognized rights, the DOE will implement a proactive
outreach effort of notice and consultation regarding current and
proposed actions affecting tribes, including appropriate fiscal
year budget matters. This effort will include timely notice to
all potentially impacted Indian nations in the early planning
stages of the decision-making process, including pre-draft
consultation, in the development of regulatory policies on
matters that significantly or uniquely affect their communities.
As appropriate, the DOE will provide delivery of technical and
financial assistance related to DOE-initiated regulatory policy,
identifying programmatic impacts, and determining the
significance of the impact. The DOE will continue to conduct a
dialogue with Indian nations for long and short term decision-
making when DOE actions impact Indian nations. The DOE will
comply with the Consultation and Coordination With Indian Tribal
Governments Executive Order 13084, May 14, 1998, and the
Government to Government Relations With Native American Tribal
Governments Executive Memorandum, April 29, 1994.

The DOE will implement permanent workshops and programs  for
field and headquarters staff on American Indian and Alaska Native
cultural awareness and tribal governance.

Due to the nature of the trust responsibility to tribal
governments, performance reviews of consultation activities will
be conducted, in collaboration with tribal governments.

IV. DEPARTMENT-WIDE COMPLIANCE WITH APPLICABLE FEDERAL CULTURAL
RESOURCE PROTECTION AND OTHER LAWS AND EXECUTIVE ORDERS WILL
ASSIST IN PRESERVATION AND PROTECTION OF HISTORIC AND CULTURAL
SITES AND TRADITIONAL RELIGIOUS PRACTICES.

The Department will consult with any American Indian or Alaska
Native tribal government with regard to any property to which
that tribe attaches religious or cultural importance which might
be affected by a DOE action. With regard to actions by DOE in
areas not under DOE control or when an action of another federal
agency takes place on DOE land, DOE will consult with tribes in
accordance with this Policy. Such consultation will include
tribal involvement in identifying and evaluating cultural
resources including traditional cultural properties; facilitating
tribal involvement in determining and managing adverse effects;
collaboration in the development and signing of memoranda of
understanding with DOE, when appropriate.

Departmental consultation will include the prompt exchange of
information regarding identification, evaluation and protection
of cultural resources. To the extent allowed by law, consultation
will defer to tribal policies on confidentiality and management
of cultural resources. Consultation will include matters
regarding location and management methodology; repatriation and
other disposition of objects and human remains; access to
national security considerations; and cultural resources impact
assessment of potential loss to tribal communities.

The DOE will comply with current and forthcoming cultural
resource protection laws and Executive Orders including Native
American Graves Protection and Repatriation Act; Archaeological
Resources Protection Act; American Indian Religious Freedom Act;
National Historic Preservation Act; National Environmental Policy
Act; Freedom of Information Act; Privacy Act; Indian Sacred Sites
Executive Order 13007, May 24, 1996; Consultation and
Coordination With Indian Tribal Governments Executive Order
13084, May 14, 1998; Government to Government Relations With
Native American Tribal Governments Executive Memorandum, April
29, 1994; Tribal Colleges and Universities Executive Order 1302 1
; Executive Order 12898 on Environmental Justice.

V. THE DEPARTMENT WILL INITIATE A COORDINATED DEPARTMENT-WIDE
EFFORT FOR TECHNICAL ASSISTANCE, BUSINESS AND ECONOMIC SELF-
DETERMINATION DEVELOPMENT OPPORTUNITIES, EDUCATION, AND TRAINING
PROGRAMS.

The Department will implement a consistent national outreach and
communication effort to inform tribal leaders and tribal program
officials about access to internships and scholarships;
availability of technical assistance and training opportunities;
conventional and renewable energy development programs; related
tribal business and individual member business enterprise,
service-provider, and contracting opportunities.

The DOE recognizes the need for direct funding and technical
assistance from applicable DOE-sponsored programs within the
Department and the National Laboratories which deal with
regulation, energy planning, and development of energy resources
on tribal lands and Alaska Native site-controlled and trust
lands.

The Department will provide information and outreach programs to
tribal and individual member businesses on opportunities to
participate, compete, and participate in renewable and
conventional energy generation, transmission, distribution,
marketing and energy services, grants, and contracts. The
Department will assist in development of balanced, sustainable,
and viable American Indian and Alaska Native communities by
continuing to implement Title XXVI, Indian Energy Resources, of
the National Energy Policy Act that provides for the promotion of
resource development and energy integration.

The Secretary will create programs that encourage and support the
establishment of federal, private, tribal and intertribal
partnerships. The Department will provide assistance and
coordinate with other federal agencies in the development of
energy related projects.

VI. THE SECRETARY OF ENERGY WILL CONDUCT PERIODIC SUMMITS WITH
TRIBAL LEADERS FOR PERFORMANCE REVIEW OF POLICY IMPLEMENTATION
AND ISSUE RESOLUTION.

The Secretary will engage tribal leaders in periodic dialogue, to
discuss the Department’s implementation of the American Indian
and Alaska Native Policy. The dialogue will provide an
opportunity for tribal leaders to assess policy implementation,
program delivery, and discuss outreach and communication efforts,
and other issues.

VII. THE DEPARTMENT WILL WORK WITH OTHER FEDERAL AGENCIES, AND
STATE AGENCIES, THAT HAVE RELATED RESPONSIBILITIES AND
RELATIONSHIPS TO OUR RESPECTIVE ORGANIZATIONS AS THEY RELATE TO
TRIBAL MATTERS.

The DOE will seek and promote cooperation with other agencies
that have related responsibilities. The Department’s mission
encompasses many complex issues where cooperation and mutual
consideration among governments (federal, state, tribal, and
local) are essential. The DOE will encourage early communication
and cooperation among all governmental and non-federal parties
regarding actions potentially affecting Indian nations. The DOE
will promote interagency and interdepartmental coordination and
cooperation to assist tribal governments in resolving issues
requiring mutual effort.

January 2006



_______________________________
*This Policy is not intended to, and does not, grant, expand,
 create or diminish any legally enforceable rights, benefits, or
 trust responsibilities, substantive or procedural, not
 otherwise granted or created under existing law. Nor shall this
 Policy be construed to alter, amend, repeal, interpret, or
 modify tribal sovereignty, any treaty rights of any Indian
 tribes, or to preempt, modify, or limit the exercise of any
 such rights. Nothing herein shall be interpreted as amending or
 changing current DOE orders and guidance regarding classified
 information, including need to know.