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November 2011Vol. 12, No. 8ACF's Tribal Consultation Policy

The Administration for Children and Families (ACF) recently published a policy statement establishing the process for consultation with federally recognized Indian Tribes. The policy requires ACF to conduct timely, respectful, meaningful, and effective two-way communication and consultation with Tribes, allowing representatives of Tribal governments to provide input before any action that either ACF or one or more Tribes determines has or may have significantly affected a Tribe. An action that triggers consultation includes any legislative proposal, new rule adoption, or other policy change when there is a reasonable presumption that it may affect:

  • One or more Indian Tribes
  • The relationship between the Federal Government and Indian Tribes
  • The amount or duration of ACF program funding
  • The delivery of ACF program services to one or more Tribes
  • The distribution of power and responsibilities between the Federal Government and Indian Tribes

The policy statement outlines how a consultation is initiated, who should participate in the consultation, notice requirements, the consultation process, and how the outcomes are reported. The policy was developed in response to an Executive Memorandum signed by President Obama on November 5, 2009, that reaffirmed the government-to-government relationship between Indian Tribes and the Federal Government and directed each executive department and agency to consult with Tribal governments before taking actions that affect this population.

Read the full policy statement on the ACF website:

http://www.acf.hhs.gov/tribal/docs/ACF_TCP_Final.pdf (170 KB)