Tribal Consultation Training Program Outline

The DOI Tribal Consultation team has reviewed the outline from Falmouth Institute and made comments throughout the document. We want to stress that this course is an awareness course and not everyone who attends this training will participate in an actual tribal consultation. The challenge is to manage the level of detail presented in the f2f portion of the training. People will have taken the pre-requisite training and should come with a foundational knowledge which will save valuable classroom time. The course should be 2 -days maximum. If it is any longer, people will not attend. We noticed that the competency cluster definitions were omitted in the outline and instead, each competency was included with specific learning objectives. We feel that it is not as important to train to each specific competency as it is to understand the definition and how the specific competencies contribute to achieving the goal as outlined in the definition.

This outline is provided so you can see the relationship between Objectives, Enabling Objectives and the presentation or class activities. All times are based on estimated minimums for covering all the content included. This outline assumes 3 days of training and 7 hours of instruction each day. As is, the time exceeds the 21 contact hours allotted by 3 hours. We envision that some exercises will be designated as optional and utilized at the instructor’s discretion based on time available. At DOI’s discretion, some sections may also be removed or pared down.

Please note that objectives have been ordered to match the flow of the presentation. Areas that are highlighted are areas where we would like to request more input or clarification.

Competency Cluster / Estimated Time
Greetings, Ice breaker, introductions / 30 mins.
1 / Legal and Technical Aspects of Consultation / 4 hrs.45 mins.
1.a / Applies knowledge of the historical trust relationship between Federal government and the Tribes in the Consultation process / 1 hour
1.b / Understand government treaty obligations / 30 mins.
1.c / Demonstrates knowledge of Federal Indian laws and policies and their effect within tribal nations and communities / 30 mins.
1.d / Quickly learns and applies knowledge of Indian history/culture, protocols and physical and social tribal structures / 30 mins.
1.e / Models and understanding of the role, purpose and stages of the consultation process / 30 mins.
1.f / Understands and uses key concepts and terms unique to tribal consultation / 15 mins.
1.g / Demonstrates knowledge of and respect for the various governmental and tribal roles / 30 mins.
1.h / Demonstrates knowledge of Federal-Tribal consultation policies / 45 mins.
1.i / Communicates a clear understanding of the issues / 15 mins.
2 / Intercultural Communications / 3 hrs.
2.a / Recognizes the significance and impact of non-verbal communication in intercultural context / 1 hour
2.b / Models respect for tribal confidentiality and protection of sensitive information in intercultural communications / 30 mins.
2.c / Demonstrates respect for others through language and action
Tribal nations and communities / 45 mins.
2.d / Incorporates knowledge of tribal history and historical perspective into context of consultation / 15 mins.
2.e / Promotes positive communications and decision-making in intercultural context by effectively acknowledging the social and cultural norms of / 30 mins.
3 / Building Relationships / 2 hrs. 30 mins.
3.a / Quickly grasps and acknowledges stated and unstated meanings and affect in communication with parties / 30 mins.
3.b / Practices active listening to clearly articulate and respond to respective parties / 45 mins.
3.c / Shows an interest in what others have to say, acknowledges their perspective and ideas / Covered in 3.b
3.d / Strives to reach consensus by finding potential areas of buy-in for all parties / 30 minutes
3.e / Identifies common ground/shared goals to develop a positive and productive relationship / Covered in 3.d
3.f / Treats individuals with dignity and respect by upholding and demonstrating high standards of personal ethics and professional conduct / 30 mins.
3.g / Recognizes the impact of historical events on the relationship with tribes / Covered in
Cluster 2
4 / Effective Consultation Practices / 3 hrs. 45 mins
4.a / Manages and resolves conflict, resistance and disagreements in a constructive manner using a variety of techniques / 1 hour
4.b / Analyzes problems by identifying alternative courses of action and evaluating pros and cons / 1 hr
4. c / Demonstrates flexibility or effectively explains obstacles and boundaries to flexibility in delivering points of view / Covered with 4.b
4.d / Communicates honestly, thoughtfully and respectfully with other members in the consultation to promote an open and constructive environment / 1 hr.
4.e / Effectively explains his/her position and desired outcome with a focus on willingness to find mutual agreement / Covered with 4.d
4.f / Recognizes the influence of regional and cultural difference on the objectives and outcomes of the consultation / 45 mins.
4.g / Practices strong oral communications skills by using active listening skills such as asking thoughtful questions, restating for improved understanding and asserting appropriately / Covered in Cluster 3
5 / Interest-Based Consultation Practices / 2 hrs 30 mins
5.a / Works to find underlying uniqueness or similarities in interests and concerns / 45 mins.
5.b / Ability to take calculated risks to open up possibilities to different outcomes / 30 mins
5.c / Knows and understands the difference between position-based and interest-based consultation and is able to move effectively from one to the other / 30 mins.
5.d / Considers multiple options to find workable solutions that maximize benefits for both parties’ interest / 45 mins
5.e / Formulates mutually acceptable solutions by using information, communication and “outside-the-institutional-box” thinking / Covered with 5.d
5.f / Uses creative innovative thinking to find options and solutions based on the interests of both parties / Covered with 5.d
6 / Decision-Making / 3 hours
6.a / Understands the Federal Indian trust responsibility / 30 mins.
6.b / Keeps up to date on Federal policies and laws affecting Tribes / 30 mins.
6.c / Demonstrates knowledge of legal precedence and uses it as the basis for decisions / 45 mins.
6.d / Assesses the impact and implications of the decisions on Federal government and the Tribes / 45 mins.
6.e / Considers all information presented in the consultation in the decision-making process / 15 mins.
6.f / Works towards solutions that balance the Indian trust responsibility with other Federal legal obligations / 15 mins.
7 / Facilitation Skills / 4 hrs
7.a / Selects clear methods and processes that foster open participation / 30 mins
The Following objectives will be covered as one final exercise that will be the culmination of everything learned during the previous days of training. It will take approximately 2.5 to 3.5 hours
7.b / Demonstrates effective participatory and interpersonal communication skills
7.c / Effectively manages group conflict and group dynamics
7.c / Guides the consultation to appropriate and useful outcomes
7.d / Knows when to lead the conversation and when to let if evolve
7.e / Values and supports diversity to foster inclusiveness
7.f / Uses summarizing, paraphrasing and perception –checking appropriately to very understanding and prevent miscommunication
Total / Estimated Total Time
Note: can be pared down by making some activities optional and/or by removing parts that are not priorities / 24 hours

Competency Cluster 1: Legal and Technical Aspects of Tribal Consultation

Estimated minimum time for this cluster as is: 4 hrs. 45 mins.

At the end of instruction on this cluster participants will be able to:

A. Apply knowledge of the historical trust relationship between the Federal government and the Tribes in the consultation process. (1 hour)

B. Demonstrate an understanding of the Government treaty obligations. (30 mins.)

C. Demonstrate knowledge of Federal Indian laws and policies and their effect within tribal nations and communities. (30 mins.)

D. Demonstrate the ability to apply knowledge of Indian history/culture, protocols, and physical and social tribal structures. (30 mins.)

E. Model an understanding of the role, purpose, and stages of the consultation process (30 mins.)

F. Understand and use key concepts and terms unique to tribal consultation (15 mins.)

a. Clarification requested: are there other key terms or concepts besides those we included that you would like? TRUST RESPONSIBILITY: Include specifics on DOI trust responsibility which is found in the DOI policy. People need to understand that tribal trust resources are set aside for Tribes. All feds have responsibility to tribal trust. Stress that trust responsibility includes trust responsibility for resources. Trust responsibility if the umbrella and we need to protect all interests.

G. Demonstrate knowledge of and respect for the various governmental and tribal roles associated with tribal consultation (30 mins.)

a. Clarification requested: is this referring to the overall role of tribal and federal governments or to specific individuals? Refers to the overall role of tribal and federal governments

H. Demonstrate knowledge of Federal-Tribal consultation policies (45 mins.)

I. Participant will communicate a clear understanding of the issues (15 mins.)

Presentation Outline

Federal Indian Law and Policy

Most of what is outlined here is covered in the pre-requisite training. Since people already have this information from the pre-requisite training, this section could be summary of the key points people need to remember. This would save us valuable time. Some the exercises are good and they would be very effective to include in the training to bring out key points.

Welcome, introductions, housekeeping, ice breaker
Begin objective 1A: Apply knowledge of the historical trust relationship between the Federal government and the Tribes in the consultation process. (1 hour).

Sovereign Indian nations deal with European colonist – government-to-government

Relations with newly formed U.S. government
Constitution and the power to form treaties with tribes continues government-to-government relations
Trade and Intercourse Acts
Supreme Court Shapes Indian Policy –Trustee relationship defined
Johnson v. McIntosh
Cherokee v. Georgia
Worcester v. Georgia
The Government as a Trustee
Indian Removal Act
Purchase of Alaska and impact on Native population
The end of treaties with tribes
Court of Indian Offenses
Crow Dog Case
Allotment Period and its impact on tribes
Alaska Native Allotment Act
Alaska Town Site Act
Reorganization Act and its impact on tribes
Alaska Native Reorganization Act
Termination and Relocation and its impact on tribes
Indian Self-Determination Act
Alaska Native Claims Settlement Act
Self -Governance

o. Government-to-government relationship affirmed

Exercise 1: Given a timeline template (Handout 1) participants will fil it in with important historical events leading to the present state of Federal-Tribal relationships. The template will include blank spaces to be filled in later by the participant as he or she works with an individual tribe and identifies historical events that are important to the tribe and should be taken into account in dealing with them. After this exercise is completed, the participant will engage in a group discussion on what the trust relationship means in terms of the roles and duties of Federal representatives. Keep the exercise to bring out key points.
Begin Objective 1B: Demonstrate an understanding of the Government treaty obligations. (30 minutes).

Treaties

U.S. treaties with Indian tribes
Tribes ceded land
Tribes retained certain rights
U.S. promised certain services
Elements of law derived from treaties
Trust relationship
Sovereignty
Reserved rights
Canons of construction
Congress’ plenary power
Permanence of treaty rights

vii. Treaty rights and tribal members

Class Discussion: A guided full-class discussion in which the participant will identify key reasons why treaty obligations are so important, including moral obligations, legal obligations, and the fact that Tribes paid a heavy price for the rights and resources that treaties grant them.
Begin Objective 1C: Demonstrate knowledge of Federal Indian laws and policies and their effect within tribal nations and communities. (30 mins.)

Current Policies and Impact on Tribes

a. Clarification requested: Need assistance in determining what should be covered We currently operate under a self-determination policy (Indian Self-Determination and Education Assistance Act, as Amended) where we encourage tribes to manage according to tribal vision – Public Law 93-638.

Class Discussion: A guided full class discussion on the effect of federal policies on tribes, including the outcomes for different tribes from a tribal perspective. The participant will be guided to highlight how different tribes have been differentially impacted, what some of the unintended consequences were, and positive and negative impacts of the laws and policies.

i. Include the Dawes Act. The impact of the Dawes Act is that we now buy back “fractionated” land and return it to tribes as part of the Cobell lawsuit. This is a recent and good example of damaging policies of the past that we are still dealing with. A good visual is to use a map to show the impact of the Dawes Act over time. The land mass shrinks dramatically as a result of the federal government’s policy.

ii. The Termination Era resulted in many tribes losing their land base – example is the Klamath Tribes’ lands that re now the Klamath National Wildlife Refuge and a National Forest. The Tribe is left with a few hundred acres. This is only one example of the negative impact form termination policy.

Structure and Function of Tribal Governments

Begin Objective 1D: Demonstrate the ability to apply knowledge of Indian history/culture, protocols, and political, physical and social tribal structures. (20 mins.)

What’s So Special about an Indian Tribe – recap of key points from previous section and discussion of Morton v. Mancari affirming Indian preference. Move Morton vs. Mancari to #11. There is new litigation in the DC courts –AFLCIO-American Federation of Teachers vs. Kempthorne. Leave out this discussion. Don’t use the word “special”…instead use the unique political status of Tribes. “Special” implies special rights. Only use the word special if you plan on using it in a way that leads to the understanding that Tribes already had every right that any sovereign might possess and the Tribes only gave us those rights that were specifically ceded in Treaties.

Need to give a definition of Tribe and then a definition of Tribal government…people need the basics of Tribal government before moving too far into the course content.