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1 [1] (November 15, 2016)

handle is hein.crs/crsmthmaocf0001 and id is 1 raw text is: CRS INSIGHT Army Corps Projects and Tribal Consultation: Requirements, Policies, and Controversy November 15, 2016 (IN10608) Related Author Nicole T. Carter, Specialist in Natural Resources Policy (ncarter@crs loc gov, 7-0854) Much of the current congressional and public interest in tribal consultation related to U.S. Army Corps of Engineers (Corps) water projects grew out of the Dakota Access Pipeline (DAPL) controversv. The Corps builds and operates projects for navigation, flood control, and ecosystem restoration across the United States. The Corps may consult with tribes before deciding to construct a new project, modify an existing project, or allow a nonfederal alteration of a Corps project. Tribal consultation generally is triggered when there is the possibility that an action at a Corps project may affect tribal cultural properties or tribal natural resources. Some duties to consult with tribes are prescribed by law, whereas others are codified in regulations; still others are conducted in conformance with executive branch or agency policy. Part of the DAPL controversy involves easements at Corps projects for a private oil pipeline and how those easements may affect properties with tribal significance and tribal resources-especially water supplies. In the 1 14th Congress, there are legislative proposals for the Corps to review and alter its tribal consultation policies and regulations (e.g., Section 185 of HR(5303, the Water Resources Development Act of 2016). In October 2016, the Administration initiated a national consultation with tribes to get their input into infrastructure-related reviews and decisions. Primer on Tribal Consultation Requirements and Policy The principal federal statutes that require federal agencies to engage in tribal consultations before deciding on certain undertakings are the National Historic Preservation Act (NHPA; 54 U.S.C. §§300101 et seq.); American Indian Religious Freedom Act (14 U.S.C. §§1996 et seq.); Archeological Resources Protection Act of 1979 (16 U.S.C. §470aa- mm); and Native American Graves Protection and Repatriation Act (25 U.S.C. §§3001 et seq.). None of these statutes, however, defines what constitutes consultation with the governments of the 567 federally recognized Indian tribes. Federal actions also are subject to review under the National Environmental Policy Act (NEPA). For proposed actions with potential impacts on tribes, regulations implementing NEPA require an agency to consult with tribes earlyin.he planning process. The agency also must invite tribes to participate in the scoping of issues and request comments from the affected tribes. How consultation is performed is based largely on executive branch policy. Executive branch guidance (e.g., a 2009