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
Greetings, Ice breaker, introductions
1
1.a
1.b
1.c
1.d
1.e
1.f
1.g
1.h
1.i
2
Legal and Technical Aspects of Consultation
Applies knowledge of the historical trust relationship between Federal
government and the Tribes in the Consultation process
Understand government treaty obligations
Demonstrates knowledge of Federal Indian laws and policies and their
effect within tribal nations and communities
Quickly learns and applies knowledge of Indian history/culture, protocols
and physical and social tribal structures
Models and understanding of the role, purpose and stages of the
consultation process
Understands and uses key concepts and terms unique to tribal
consultation
Demonstrates knowledge of and respect for the various governmental and
tribal roles
Demonstrates knowledge of Federal-Tribal consultation policies
Communicates a clear understanding of the issues
Intercultural Communications
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Estimated
Time
30 mins.
4 hrs.45
mins.
1 hour
30 mins.
30 mins.
30 mins.
30 mins.
15 mins.
30 mins.
45 mins.
15 mins.
3 hrs.
2.a
2.b
2.c
2.d
2.e
3
3.a
3.b
3.c
3.d
3.e
3.f
3.g
4
4.a
4.b
4. c
4.d
4.e
4.f
4.g
5
5.a
Recognizes the significance and impact of non-verbal communication in
intercultural context
Models respect for tribal confidentiality and protection of sensitive
information in intercultural communications
Demonstrates respect for others through language and action
Tribal nations and communities
Incorporates knowledge of tribal history and historical perspective into
context of consultation
Promotes positive communications and decision-making in intercultural
context by effectively acknowledging the social and cultural norms of
Building Relationships
Quickly grasps and acknowledges stated and unstated meanings and affect
in communication with parties
Practices active listening to clearly articulate and respond to respective
parties
Shows an interest in what others have to say, acknowledges their
perspective and ideas
Strives to reach consensus by finding potential areas of buy-in for all
parties
Identifies common ground/shared goals to develop a positive and
productive relationship
Treats individuals with dignity and respect by upholding and
demonstrating high standards of personal ethics and professional conduct
Recognizes the impact of historical events on the relationship with tribes
Effective Consultation Practices
Manages and resolves conflict, resistance and disagreements in a
constructive manner using a variety of techniques
Analyzes problems by identifying alternative courses of action and
evaluating pros and cons
Demonstrates flexibility or effectively explains obstacles and boundaries to
flexibility in delivering points of view
Communicates honestly, thoughtfully and respectfully with other
members in the consultation to promote an open and constructive
environment
Effectively explains his/her position and desired outcome with a focus on
willingness to find mutual agreement
Recognizes the influence of regional and cultural difference on the
objectives and outcomes of the consultation
Practices strong oral communications skills by using active listening skills
such as asking thoughtful questions, restating for improved understanding
and asserting appropriately
Interest-Based Consultation Practices
Works to find underlying uniqueness or similarities in interests and
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1 hour
30 mins.
45 mins.
15 mins.
30 mins.
2 hrs. 30
mins.
30 mins.
45 mins.
Covered in
3.b
30 minutes
Covered in
3.d
30 mins.
Covered in
Cluster 2
3 hrs. 45
mins
1 hour
1 hr
Covered
with 4.b
1 hr.
Covered
with 4.d
45 mins.
Covered in
Cluster 3
2 hrs 30
mins
45 mins.
concerns
Ability to take calculated risks to open up possibilities to different
5.b
30 mins
outcomes
Knows and understands the difference between position-based and
5.c
interest-based consultation and is able to move effectively from one to the
30 mins.
other
Considers multiple options to find workable solutions that maximize
5.d
45 mins
benefits for both parties’ interest
Formulates mutually acceptable solutions by using information,
Covered
5.e
communication and “outside-the-institutional-box” thinking
with 5.d
Uses creative innovative thinking to find options and solutions based on
Covered
5.f
the interests of both parties
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.
Demonstrates knowledge of legal precedence and uses it as the basis for
6.c
45 mins.
decisions
Assesses the impact and implications of the decisions on Federal
6.d
45 mins.
government and the Tribes
Considers all information presented in the consultation in the decision6.e
15 mins.
making process
Works towards solutions that balance the Indian trust responsibility with
6.f
15 mins.
other Federal legal obligations
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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
7.c
7.c
7.d
7.e
7.f
Total
Demonstrates effective participatory and interpersonal communication
skills
Effectively manages group conflict and group dynamics
Guides the consultation to appropriate and useful outcomes
Knows when to lead the conversation and when to let if evolve
Values and supports diversity to foster inclusiveness
Uses summarizing, paraphrasing and perception –checking appropriately
to very understanding and prevent miscommunication
Estimated Total Time
Note: can be pared down by making some activities optional and/or by
removing parts that are not priorities
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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.
1. Welcome, introductions, housekeeping, ice breaker
2. 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
3. Relations with newly formed U.S. government
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a. Constitution and the power to form treaties with tribes continues government-togovernment relations
b. Trade and Intercourse Acts
4. Supreme Court Shapes Indian Policy –Trustee relationship defined
a. Johnson v. McIntosh
b. Cherokee v. Georgia
c. Worcester v. Georgia
5. The Government as a Trustee
a. Indian Removal Act
b. Purchase of Alaska and impact on Native population
c. The end of treaties with tribes
d. Court of Indian Offenses
e. Crow Dog Case
f. Allotment Period and its impact on tribes
g. Alaska Native Allotment Act
h. Alaska Town Site Act
i. Reorganization Act and its impact on tribes
j. Alaska Native Reorganization Act
k. Termination and Relocation and its impact on tribes
l. Indian Self-Determination Act
m. Alaska Native Claims Settlement Act
n. Self -Governance
o. Government-to-government relationship affirmed
p. 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.
6. Begin Objective 1B: Demonstrate an understanding of the Government treaty obligations. (30
minutes).
Treaties
a. U.S. treaties with Indian tribes
i. Tribes ceded land
ii. Tribes retained certain rights
iii. U.S. promised certain services
b. Elements of law derived from treaties
i. Trust relationship
ii. Sovereignty
iii. Reserved rights
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iv. Canons of construction
v. Congress’ plenary power
vi. Permanence of treaty rights
vii. Treaty rights and tribal members
c. 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.
7. 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.
b. 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
8. 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.
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9.
10.
11.
12.
a. Right to Self-Government
b. Trust Relationship with the Federal Government
c. Both Tribal self-governance and U.S. trust obligation weakened by having non-Indians in
charge. This statement is confusing. Are we saying that Indians should be in charge of
fulfilling the US Trust obligation? Does this mean the U.S. Government needs to be 100%
tribal or just 100% of BIA and Assistant Secretary Indian Affairs? Turning a negative
statement into a positive …The point should be that self- governance is strengthened when
more Indians are in a position to influence government decision-making.
Cultural Aspects of a Tribe
a. Race
b. Religion
c. Language
d. Traditions
e. Historical Experience
f. Values
g. Sacred Places – special and unique spiritual meaning to Tribes. May be a different
perspective than for feds.
h. Land base
i. Amount and diversity
j. Of access to natural and cultural resources. Alaska Native Villages have no land base and
thus have little control over the management of natural resources important to their
survival. In the lower 48, tribes can actually implement water quality standards that are
enforced on everyone upstream. The lack of trust lands is damaging to Native Alaskan
culture.
Political Aspects of a Tribe
a. Political vs. Cultural Entity
b. People
c. Territory
d. Government
e. Sovereignty
Structure of Tribal Government
a. Indian Reorganization Act and influence on structure of modern tribal governments
b. Tribal Constitutions
c. Separation of Powers
d. Role of Chairman
e. Tribal Courts
f. Structure of Legislature
g. Tribal Council
h. Business Councils
i. Tribal Elections
j. Organizational structure of Tribal governments – including IRA and traditional governments
k. Membership criteria – governments getting away from only using blood percentages.
Exercise 2: Participants will be assigned a Tribe and given a blank worksheet (Handout 2), access to a
smart phone or internet-enabled computer, and 20 minutes in which to research and record as
much information about the Tribe’s history, culture, protocols, and physical and social tribal
structure as they can based on specific categories of information called for in the worksheet.
(Debrief: the facilitator will ask for participants to share what they discovered and where/how they
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got the information. Did anyone call the Tribe and ask for info? If yes, make a big deal out of what a
good idea that was. If not, ask if anyone thought to call the Tribe, and point out that the best way to
get info is to ask (in a respectful way). Point out that asking also shows interest and is a good step
towards relationship building.) Do in Learning Teams. Pick Tribes with very robust online sites and
some with very sparse sites. Use small, medium and large Tribes. Then can compare and contrast
the ability to access what could be critical information on the Tribes.
Tribal Consultation
13. Begin Objective 1E: Model an understanding of the role, purpose, and stages of the consultation
process (30 mins.) Need to cite Executive orders and DOI policy here.
History and legal background on Tribal consultation
a. Dates back to creation of treaties
b. More recently result from Executive Orders
c. Class Exercise 3: Need clarity on the exercise. Given brief instruction by the facilitator and
a worksheet, the participant will come up with a statement that defines the role and
purpose of consultation. Following a group discussion where volunteers share their
statements with the whole class, and with the guidance of the facilitator, the participant,
together with the rest of the class, will combine and refine the statements into one
statement the class can agree on.
14. Begin objective 1F: Understand and use key concepts and terms unique to tribal consultation (15
mins.)
Definitions
a. Consultation
b. Government-to-government
c. Department action with tribal implications
d. Collaboration
e. Consultation policies
f. Indian Tribe or Tribe
g. Tribal Governance Officer
h. Tribal Liaison
i. Tribal Official
j. Treaties
k. Tribal Trust Responsibility
l. Tribal Trust Lands
m. Tribal Trust Resources – FWS and other Agencies use the term “trust resources” to “trust
species” to show the public trust to protect resources/species for the good of the public.
This could be confusing if not clarified – Tribal Trust vs. Public Trust. Include Treaty
established rights. Also must understand that Tribal resources aren’t always on Tribal land.
n. Public Lands (for comparison with Tribal Trust Lands). With whom do you consult? When is
the public consulted on actions on Tribal Land?
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15. Concepts
a. With whom do you consult?
b. When is consultation necessary?
c. Contexts for Tribal consultations.
16. Exercise 4: Like this exercise. After a facilitator-led presentation on key terms and concepts unique
to tribal consultation participants will play a “Jeopardy” game designed to test their knowledge on
those terms. A facilitator-led debrief will guide the participants in identifying key terms, provide
context for important concepts, and create sample scenarios where they would use the term or
concept and explain how they would do so appropriately.
17. Begin objective 1G: Demonstrate knowledge of and respect for the various governmental and
tribal roles associated with tribal consultation (30 mins.)
Roles in tribal consultation
a. Understanding your agency mission/policies and how they may impact the tribe
b. Understanding the Tribal perspective
c. The role of the Bureau of Indian Affairs – BIA’s mission and role is exclusive to fulfilling the
government’s trust responsibility. BIA is basically a “Tribal Trust Resource”. BIA resources
are tribal trust resources since all of BIA resources are aimed at fulfilling a tribal trust.
d. DOI Bureaus - All DOI bureaus have some responsibility to Tribal Trust. Each bureau has
unique responsibility – point out the responsibilities that each bureau has. Give 1-2
examples per bureau i.e. FWS, NPS, OSM, BOR, etc.
e. Exercise 5: Delete this exercise. As an alternative exercise, we suggest: Put class into
Learning Teams with “like” bureaus together if possible. Ask: What is your bureau’s mission
and how does that impact Tribal Consultation? When do you need to consult? Can use a
case study and then ask the questions When? Where? Why? Who? Have each learning team
report out their answers. Given a roles worksheet and an assigned example of a player in
the consultation process, the participant, together in a small group of approximately 4, will
develop a “job description” for the assigned player, including what their role is and what
their responsibilities are. After each group has come up with a description and shared it with
the full class, the participant, with the guidance of the facilitator and fellow students, will
help tweak the descriptions of each role as needed.
18. Continuation of Objective 1E: Model an understanding of the role, purpose, and stages of the
consultation; (45 minutes for this and the following objective)
Begin Objective 1H: Demonstrate knowledge of Federal-Tribal consultation policies; and
Department of Interior Consultation Guidelines
Analysis of the Tribal Consultation – How to determine whether consultation should occur?
Who has responsibility for making the determination? What is a meeting and what is a
consultation?
a. Initiating Consultation
b. Role of the TGO and TLO
c. Response to Request for Consultation
d. Consultation Process Support
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e. Stages of Consultation EO 13175 stresses that Tribes should be notified at the earliest
possible stages of whatever issue might impact tribal governance or resources. So, early
notification should be stressed here. Much of what we do is court ordered or on some kind
of timeline and taking time to plan before notification leaves a Tribe less time to take action.
A rightful Tribal complaint is that they are often not contacted until the planning
alternatives are already developed and you have to choose alternative a, b, or c. Tribes
want to be included at the onset when they would help develop the alternatives.
i. Planning Stage
ii. Proposal Development Stage
iii. Implementation of Final Federal Action Stage Stress that this is an on-going process
iv. Exercise 6: Given a facilitator-led presentation on activities associated with the
three stages of the consultation process and a written description of these activities
printed out in random order on a worksheet the participant, together with the full
class, will work together to group the activities into stages and order them correctly.
Must include teaching point of on-going process in the exercise.
f. Exercise 7: OMITGiven a printed copy of the DOI Tribal Consultation Policy, the participant
will, in a group of approximately 4, decide 1) the most important thing overall about the
policy 2) if they were building a training program around tribal consultations, what would
the essential parts of the policy be that participants would need to know? Following small
group work, the participant will engage in a full-class discussion where all the groups
present their ideas and the facilitator provides expertise and guidance.
g. Exercise 8: OMIT Given a brief instructor-led presentation on the different Federal-Tribal
consultation policies one may need to be aware of depending on their agency and
suggestions on how to find these policies and access to a smart phone or internet-enabled
computer, the participant will make a list of which policies s/he personally needs to know.
Mention that every agency had to develop consultation policy but we don’t need an exercise.
But focus on the bureau “policies” and guidance they issue.
19. Begin Objective 1I: Participant will communicate a clear understanding of the issues Recap of
Competency Cluster 1. (15 mins)
Class Discussion: Given a brief facilitator-led wrap-up of Competency Cluster 1, and paired group
work, the participant, together with a classmate, will 1) decide on what they think the most
important thing learning was from Competency Cluster 1 ; and 2) explain to the class why it was so
important, and what implications it will have for them in the work they do.
Competency Cluster 2: Intercultural Communications
Estimated minimum time for this cluster as is: 3 hrs.
At the end of instruction on this Cluster particpants will be able to:
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A. Recognize the significance and impact of non-verbal communication styles in intercultural
contexts (1 hour)
B. Model respect for tribal confidentiality and protection of sensitive information in
intercultural communications (30 mins.)
C. Demonstrate the respect of others through language and action (45 mins.)
D. Incorporate knowledge of tribal history and historical perspective into the context of
consultation (15 mins.)
E. Promote positive communications and decision-making in intercultural contexts by
effectively acknowledging the social cultures and norms of Tribal nations and communities
(30 mins.)
Presentation Outline
1. Begin Objective 2A: Recognize the significance and impact of non-verbal communication styles
in intercultural contexts (1 hour).
What is Culture? Can do a compare and contrast when talking about “a” and “b”.
a. Awareness of your world view, including norms and values
b. Native American world view
c. High-context cultures v. low-context cultures
d. Exercise 1: Given a brief facilitator-led presentation on Hall’s theory of High-Context and
Low-Context Cultures, a self-assessment to discover where they fall on the culture
spectrum, and a full-class discussion, the participant will identify specific ways in which
their cultural orientation may influence their perceptions of, and their interactions with,
those who fall on other parts of the spectrum.
e. There are 566 Federally Recognized Tribes, each of them with unique history and
culture. This, there are 566 ways to be “Tribal”. An Alaskan Tribe may enter a room
with their back to you because their “clan” history is shown on the back of their
clothing. Other tribes may see this as rude.
2. Verbal and Non-verbal Communications - Replace this title with “Communicating to Build Trust
and Relationships”
 Cross cultural communication
 Foundation Skills
 Non-verbal communication
 Listening for understanding
 Power of apology
 Questioning respectfully and thoughtfully
 Using productive non-judgmental language
a. Appropriate wait times between talking
b. Eye contact
c. Humor
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d.
e.
f.
g.
Meaning of silence
Conflict
Gender and age dynamics Keep
Confidentiality – Limited in what we can protect. In a Freedom of Information Act
(FOIA) request, it’s hard to protect Tribal information. We would like to honor
confidentiality but we are limited by law. For nore guidnance, talk to your Solicitor.
h. Exercise 2: Restructure exercise to focus on bullet points Given a facilitator-led
presentation on cultural differences in verbal and non-verbal communication styles,
including cultural differences in: appropriate wait times between talking, eye contact,
humor, what silence means, approaches to conflict, which topics are approriate to
discuss, and gender and age dynamics; scenarios where body language could be
misinterpreted; and a group discussion on what has worked well and poorly in students’
own experiences, the participant will work collaboratively with classmated to generate a
list of best practices for verbal and non-verbal communication.
3. Begin Objective 2B: Model respect for tribal confidentiality and protection of sensitive
information in intercultural communications (30 mins.)
Confidential Tribal Information
Class Discussion: Topic will be covered in a facilitator-led group discussion on why tribal
confidentiality and protection of sensitive information is important (with key points to
include importance of trust- and relationship-building and examples of consequences to
Tribes and to Federal government of misuse of information). The participant will,
together with the full class and the guidance of the facilitator, generate a list of the kind
of information that Tribes may consider to be confidential/sensitive, including topics
that may surprise outsiders. The participant will identify reasons why respecting
religious privacy is especially important, and, with the guidance of the facilitator, wil
generate ideas for how to best approach religious topics when religious discussions may
be taboo.
4. Begin Objective 2C: Demonstrate the respect of others through language and action (45 mins.)
Exercise 3: Best Practices -- Given a group discussion on students’ successes and failures
with Tribes in real life, the participant, together with the full class, will help generate a list of
best practices for demonstrating respect in their interactions with Tribes and their affiliates
through language and action. Good
5. Begin Objective 2D: Incorporate knowledge of tribal history and historical perspective into the
context of consultation (15 mins.)
Exercise 4: Given access to the internet and a blank “Resources” worksheet, the
participant will identify at least 3 resources s/he can turn to after class to research the
history of a specific assigned Tribe. The participant will identify 1 or more historical
events that occurred in the Federal government’s dealings with the assigned Tribe that
may influence present-day relations with the Tribe, and how it may influence them.
(This will have been addressed in more depth in Competency Cluster 1) See Cluster 1
comments on the exercise
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6. Begin Objective 2E: Promote positive communications and decision-making in intercultural
contexts by effectively acknowledging the social cultures and norms of Tribal nations and
communities (30 mins.)
Exercise 5: Role Playing -- Given a specific scenario and using information gathered in Exercise 4
above, participants will role-play, modeling respectful communication and respect for culture
through language and action. Facilitator will offer feedback on what worked well and what did
not. Suggestion: Use positive modeling. Bring in a Tribal representative and a government
employee to model this. Let the “experts” do the role play so the class can see what it looks
like. The ask them about their key “take-aways”.
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Competency Cluster 3: Building Relationships
Estimated minimum time for this cluster as is: 2 hrs. 45 mins.
At the end of instruction on this competency cluster participants will be able to:
A. Grasp and acknowledge stated and unstated meanings and affect in communication with
parties (30 mins.)
B. Practice active listening to clearly articulate and respond to respective parties (45 mins.to
cover this objective and the one below)
C. Show an interest in what others have to say; acknowledge their perspectives and ideas
D. Demonstrate an ability to reach consensus by finding potential areas of buy-in for all parties
(45 mines. to cover this objective and the one below) Could use assistance for this and
objective below if you have any good examples we could incorporate Potential example
would be the court cases in Great Lakes and Pacific NW that upheld tribal subsistence treaty
rights to “off-reservation” resources (millions of acres). The judge ordered the States to accept
tribal authority and that all parties work it out. GLIFWC, CORA, 1854 Treaty Authority, NWIFC,
and CRITFC are all examples of intertribal organizations that work with the individual tribes and
States and sometimes Canada through participation in Pacific Salmon Treaty. It’s tribal comanagement with the States. What started as very contentious between State and Tribal
management authorities has now grown into a great working relationship (at least in the Great
Lakes). I’m not so certain it’s as friendly in the Pacific NW.
E. Identify common ground/shared goals to develop a positive and productive relationship.
Common ground was that everyone wanted more fish and healthy, functioning ecosystems.
State had to get over the fear that Tribes would net or spear the fish into extinction. Now there
is the realization that tribes are very successful in protecting and managing the resource. Can
use the video footage from “Lighting the 7th Fire”.
F. Treat individuals with dignity and respect by upholding and demonstrating high standards of
personal ethics and professional conduct Clarification requested: Need assistance in
determining if there are specific standards for ethical and professional conduct from DOI (30
mins.) There are fiduciary standards/conflict of interest standards. What happens if Tribes
give gifts? What do we do? What options do we have?
G. Recognize the impact of historical events on the relationship with the Tribes (covered in
Competency Cluster 2 )
Presentation Outline
1. Begin Objective 3A: Grasp and acknowledge stated and unstated meanings and affect in
communication with parties (30 mins.)
Communicating with others
a. What is communication Communication: Absorb it into pg. 12. Focus here could be
Relationship building – how do you build relationships when there’s turnover? How do
you start a new relationship when players change as a result of tribal elections?
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b. Overcoming barriers to communication
i. Eliminating external interference
ii. Reassure speaker that you are listening
iii. Being tolerant of language or cultural differences
iv. Pay close attention to detail in written communication
c. Cultural communication patterns
i. Stated and unstated meanings
ii. Body language
iii. Meaning of silence
d. Exercise 1: Participants will review scenarios to identify instances where there were
miscommunications or where deeper meaning may have been intended than what the
surface communications may have indicated.
2. Begin Objective 3B: Practice active listening to clearly articulate and respond to respective
parties (45 mins.to cover this objective and the one below); and
Begin Objective 3C: Show an interest in what others have to say; acknowledge their
perspectives and ideas
Active Listening Skills
a. Culturally appropriate listening techniques
b. Developing active listening skills
c. Restating for improved understanding
d. Listening Attitudes and Behaviors – A Checklist
Include:
 What to anticipate when dealing with Tribal people
 Don’t interrupt an elder
 Flexibility on time
 Getting to understand that “our way is not the only way”
e. Exercise 2: Practice active listening skills – Participants will work in pairs. Given a
scenario to that will generate discussion, the participants will practice active listening
skills and assess each other’s technique.
3. Begin Objective 3D: Demonstrate and ability to reach consensus by finding potential areas of
buy-in for all parties (45 mins.to cover this objective and the one below); and
Begin objective 3E: Identify common ground/shared goals to develop a positive and
productive relationship
Building a Consensus
a. Finding common ground
b. Identifying areas for buy-in
c. Case studies and best practices – Instructor will lead participants in a discussion of reallife examples in which it seemed like it would be impossible to build consensus but
consensus was reached and information about what their solutions were (including
finding potential areas of buy-in for all parties and identifying common ground/shared
goals). Good
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d. Exercise 3: Participant will be given different hypothetical scenarios and in a small team,
of about 4, will find potential solutions for difficult scenarios by finding 1) potential
areas of buy-in for all parties; and 2) common ground and shared goals Could move this
to Cluster 5 where you bring in Interest vs. position. Is the goal of the exercise how to
reach consensus?
4. Begin Objective 3F: Treats individuals with dignity and respect by upholding and
demonstrating high standards of personal ethics and professional conduct (30 min)
The importance of personal ethics and professional conduct in showing respect for others.
a. Review of Departmental ethics and standards of conduct – What are the behaviors that
instill dignity and respect? What should people be doing? What are the highest
integrity and ethics for long term trust.
b. Role they play in tribal consultation process
c. Class Discussion: A guided brainstorming session in which the participant will generate
ideas for how s/he can concretely demonstrate high standards of personal ethics and
professional conduct in his or her role as a Federal representative.
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Competency Cluster 4: Effective Consultation Practices
Estimated minimum time for this cluster as is: 3 hrs. 45mins. Left out the goal. Left out the definition.
After instruction on this competency cluster, participants will be able to:
A. Manage and resolve conflicts, resistance and disagreements in a constructive manner using a
variety of techniques (1 hour)
B. Analyze problems by identifying alternative courses of action and evaluating their pros and
cons (1 hr. to cover this one and the one below)
C. Demonstrate flexibility or effectively explain obstacles and boundaries to flexability in
delivering points of view
D. Communicate honestly, thoughtfully, and respectfully with other members in the consultation
to promote an open and constructive environment (1 hr. to cover this one and the one below )
E. Effectively explain his/her position and desired outcome with a focus on willingness to find
mutual agreement
F. Recognize the influence of regional cultural differences on the objectives and outcomes of the
consultation (45 mins.) Already did this
G. Practice strong oral communication skills by using active listening skills, such as asking
thoughtful questions, restating for improved understanding, and asserting appropriately
(covered in Cluster 3) Already did this
Presentation Outline Need definition as coalescing goal.
1. Begin Objective 4A: Manage and resolve conflicts, resistance and disagreements in a
constructive manner using a variety of techniques (1 hour) Suggest moving conflict to later in
this cluster. Message is you will probably encounter conflict so here is how you handle it.
Conflict Management
a. Cultural differences in conflict styles
b. Conflict Management & Problem Solving
i. What is conflict
ii. The upside of conflict
iii. Three types of healthy solutions
iv. Stages of healthy conflict resolution
1. Identify problem
2. Generate possible solutions
3. Evaluate the alternative solutions
4. Decide on the best solutions
5. Implement the solution
6. Follow up and evaluate
v. Dealing with emotions
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vi. Listening respectfully
c. Exercise 1: Role play conflict resolution -- Participation in role play scenarios with
facilitator feedback, will practice using these techniques to manage and resolve
conflicts.
2. Begin Objective 4B: Analyze problems by identifying alternative courses of action and
evaluating their pros and cons (1 hr. total for this objective and the one below.); and
Begin Objective 4C: Demonstrate flexibility or effectively explain obstacles and boundaries to
flexibility in delivering points of view
Problem Solving
a. Identifying the problem
b. Weighing possible solutions
c. Implementing a solution
d. Evaluating outcome
3. Flexibility
a. Pros and cons of being flexible Key point is EO 13175 and Secretarial Order 3206 gives
direction that, when possible, we should allow tribes to develop their own plans that
accomplish the purpose. Through self-determination, we should offer technical
assistance but allow tribes to achieve the goal in their own way whenever possible.
b. Identifying when the situation allows for flexibility
c. When flexibility is not advisable
d. Examples – could use help with these if there are any real-life ones you know of Bureau
of Reclamation (BOR) water releases timed with tribal ceremonial events, NPS voluntary
closure on rock climbing at important tribal ceremonial site during ceremony, BOR
closing an arm of a lake during tribal ceremony, Forest Service (FS) allowing tribal
gathering of plants on FS lands.
e. Class Discussion: Using sample scenarios, the class will discuss ways they may be able to
analyze and solve problems, including ways they could provide flexibility. For areas
where flexibility is not possible, the facilitator will guide the discussion to ways the news
can be delivered.
4. Begin Objective 4D: Communicate honestly, thoughtfully, and respectfully with other members
in the consultation to promote an open and constructive environment (1 hr. to cover this
objective and the one below); and
Begin Objective 4E: Effectively explain his/her position and desired outcome with a focus on
willingness to find mutual agreement
Communicating honestly, thoughtfully and respectfully during the consultation process
a. Choosing the form of communication
b. Explain your position and desired outcome with a focus on willingness to find mutual
agreement
c. Listening without interrupting
d. Asking vs. telling
e. Avoiding paternalism or condescension
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f.
g.
h.
i.
j.
Use of humor
What your attire says
Be yourself
When to lead the conversation and when to let evolve
Class Discussion: Given a facilitator-led group discussion on what honest, thoughtful,
and respectful communication entails, the participant will share stories of
communication efforts that went well with Tribal partners as well as instances where
theTribe did not perceive the Federal government as communicating in a respectful,
honest, and thoughtful manner, and what the results were in each case. The particpant
will then identify underlying priciples and make recommendations for how to put these
principles into practice when consulting with Tribes.
5. Begin Objective 4F: Recognize the influence of regional cultural differences on the objectives
and outcomes of the consultation (45 mins.)
Regional and Cultural Differences
a. How politics and history may impact the consultation process
b. How tribal culture may impact a meeting
i. Prayer
ii. Meeting time Scheduling is critical. Must be cognizant of Feast days,
Ceremonial Days and avoid scheduling on those days or you won’t get people
key people to attend.
iii. Meeting protocol
iv. Subsistence hunting and fishing
v. Elders/Clan Mothers/Spiritual Leaders
Exercise: Given real-life examples illustrating the influence of regional cultural
differences on the objectives and outcomes of the consultation; a sample problem; and
the use of a smart phone or internet-enabled computer, the participant will propose
steps for approaching a sample problem differently in 3 different regions, including
Alaska.
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Competency Cluster 5: Interest-Based Consultation
Estimated minimum time for this cluster as is: 2 hrs. 30 mins.
After instruction in this competency cluster particpants will be able to:
A. Work to find underlying uniqueness or similarities in interests and concerns (45 mins.)
B. Take calculated risks to open up possibilities to different outcomes (30 mins.)
C. Know and understand the difference between position-based and interest-based negotiation
strategies and be able to move effectively from one to the other (30 mins.)
D. Consider multiple options to find workable solutions that maximize benefits for both parties’
interests (45 mins. for this and the following 2 objectives)
E. Formulate mutually acceptable soultions by using information, communication and “outside
the institutional box” thinking
F. Use creative and innovative thinking to find options and solutions based on the interests of
the parties involved
Presentation Outline
1. Begin Objective 5A: Work to find underlying uniqueness or similarities in interests and
concerns (45 mins.)
Identifying unifying and dividing issues. Flip a and b. Start with the positive.
a. Where your agency may have differing views from the Tribe
b. Where the agency and the Tribe may have common ground
c. Class Discussion: Given a brief facilitator-led presentation, example sceanrois, and case
studies, the participant will 1) indentify interests and concerns that interested parties
have in given case studies; and 2) identify underlying uniqueness or similarities in these
interests and concerns.
2. Begin Objective 5B: Take calculated risks to open up possibilities to different outcomes (30
mins.)
Calculated Risk Taking – Define calculated risk taking. What does that mean?
a. Weighing the cost and the benefits of actions
b. Judging the acceptability of the worst-case scenario Should stress not good to mandate
to the Tribes. You may have to give up some of your control.
c. Mitigating risk
d. Class Discussion: Given a brief facilitator-led presentation, sample scenarios, and a
group discussion, the participant will suggest appropriate risks to take and criteria for
determining when a risk is worth it.
3. Begin Objective 5C: Know and understand the difference between position-based and
interest-based negotiation strategies and be able to move effectively from one to the other
(30 mins.)
Position based v. Interest based consultation
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a. What is position based consultation
i. Adversarial
ii. May be damaging to future relationships
iii. When is it necessary
b. What is interest-based consultation
i. Encourages communication
ii. Looks for solutions that are win-win
iii. Values common ground
c. Class Discussion: Given a facilitator-led presentation on the difference between positionbased and interest-based negotiation strategies and how to move effectively from one to
the other; case studies; and role plays, the participant will identify position-based vs.
interest-based negotiation and practice moving from one to the other.
4. Begin Objective 5D: Consider multiple options to find workable solutions that maximize
benefits for both parties’ interests (45 mins.for this and the following two objectives); and
Begin Objective 5E: Formulate mutually acceptable soultions by using information,
communication and “outside the institutional box” thinking; and
Begin Objective 5F: Use creative and innovative thinking to find options and solutions based
on the interests of the parties involved
How to get to win-win
a. Listening with an open mind
b. Gathering information
c. Seeking mutually acceptable solutions together
i. Brainstorming ideas
1. Limit the focus
2. Go for quantity, not quality
3. Search for inspiration
ii. Moving outside the box
1. Facilitator will note the ways, knowledge gained in previous sections can
assist in thinking outside the box.
d. Class Discussion: Given a brief facilitator-led presentation including the types of
information and communication needed to find workable solutions in consultations as
well as techniques for thinking “outside the institutional box”; individual work with
sample consultation scenarios; and group work with these same scenarios, the
participant will generate multiple options for workable solutions that benefit two
parties’ interests.
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Competency Cluster 6: Decision-Making
Estimated minimum time for this cluster as is: 3 hrs
Following instruction in this cluster, participants will be able to:
A.
B.
C.
D.
Understand the Federal Indian Trust responsibility (30 mins.)
Keep up-to-date on Federal policies and laws affecting Tribes (30 mins.)
Demonstrate knowledge of legal precedence and use it as the basis for decisions (45 mins.)
Assess the impact and implications of the decision on the Federal government and the Tribes
(45 mins.)
E. Consider all information presented in the consultation in the decision-making process (15
mins.)
F. Work towards solutions that balance the Indian Trust responsibility with other Federal
government legal requirements (15 mins.)
Presentation Outline
1. Begin Objective 6A: Understand the Federal Indian Trust responsibility (30 mins.)
Federal Trust Responsibility
a. Trust Responsibility defined
b.
Trust responsibility as defined and refined by the U.S. Supreme Court Use
terminology Trust Resources because what is in i, ii and iii are all part of trust
Resources. Breaking it down into the three categories seems to limit what
might be considered a trust resource. We are responsible to protect trust
resources for the benefit of the tribes. Trust resources can be salmon that
swim into the international waters, or the wind that will power the wind
turbines for tribal energy development. Trust resources are the trees, plants,
minerals, oil, gas on Indian Reservations and off-reservation where specified
by Treaty. It’s best to look at it as a concept of “trust resources” rather than
limiting it to “mineral leasing”, “water rights” and “wildlife and land
preservation”.
i. Trust obligation and mineral leasing
ii. Trust obligation and water rights
iii. Trust obligation and wildlife and land preservation
c. The Cobell Case
d. Class Discussion: Given a real-life scenario where an agency’s mission conflicts with the
Tribe’s interest and the federal government’s trust responsibility, the participant will
propose the proper balance for weighing those two responsibilities.
2. Begin Objective 6B: Keep up-to-date on Federal policies and laws affecting Tribes (30 mins.) In
decision-making you can cite federal policies and laws i.e. Executive Orders, Secretarial
Orders.
Federal Policies and Laws Affecting Tribes
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a. The importance of knowing how policies impact tribes
b. Finding the tribe’s perspective
c. Resources for keeping current
i. Thomas
ii. Federal Register
iii. Roll Call
iv. National Congress of American Indians
v. Native American Rights Fund
vi. BIA Website
vii. Indianz.com
viii. Turtle Talk
ix. Exercise: Too Narrow Given a brief facilitator-led presentation on the
importance of keeping up-to-date on Federal policies and laws affecting Tribes,
including suggestions on how to do so, as well as access to a smart phone or
internet-enabled computer, the participant will generate a list of resources
where they can turn to stay up-to-date on Federal policies and laws affecting
Tribes. Include: Current issues i.e court cases.
3. Making Decisions in the Consultation Process
a. Begin Objective 6C: Demonstrate knowledge of legal precedence and use it as the
basis for decisions (45 mins.)
Using legal precedence in your decision making. Mention executive Orders and
Secretarial Orders here. Need to stress that BIA hiring preference is politically based,
and likewise, decision-making is politically based when dealing with Federally
Recognized Tribes. You can cite the political basis for decision-making and not worry
about being fair and equitable when compared to non-tribal since only tribes have SO
and EO and the fiduciary responsibility to act in the best interest of the Tribe. The
“political basis” gives BIA the flexibility to maximize solutions as BIA safeguards tribal
trust resources.
i. Key cases to be aware of
ii. Where to find relevant cases
b. Class Exercise: Good. Given a facilitator-led presentation on legal precedence (outlined
above), a real-life case study, and access to a smart phone or internet-enabled
computer, the participant will research legal precedent in a given case and explain how
that precedence should influence decision making, including a comparisson of what the
decision actually was in real life and what the participant thinks it should have been, if
different.
c. Begin Objective 6D: Assess the impact and implications of the decision on the Federal
government and the Tribes (45 mins.)
Assessing the Impact of a Decision on the Federal government and the Tribes
Exercise: Given a worksheet with a sample scenario and instruction from the facilitator
as well as access to a smart phone or internet-enabled computer, the participant will
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identify potential impacts and implications of a given decision on the Federal
government and on 3 given Tribes (including one from Alaska), placing special emplasis
on the way the Tribes may be uniquely impacted. Sample scenario should include how
decision-making is influenced by political considerations
d. Begin Objective 6E: Consider all information presented in the consultation in the
decision-making process (15 mins.)
Considering all information presented in the consultation in the decision-making
process .
Class Discussion:Using the same case study as above and hypothetical additional
factors to be considered, and a facilitator-led group discussion, the participant will
suggest how the consideration of different factors should influence the outcome of the
decision. Mention the relationshiop between the federal government and Tribes is
political in nature.
e. Begin Objective 6F: Work towards solutions that balance the Indian Trust
responsibility with other Federal government legal requirements (15 mins.)
Working toward a balanced solution.
Class Discussion: Using the same case study and a group discussion, the participant will
propose ideas for balancing the Indian Trust responsibility with other Federal
government legal requirements.
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Competency Cluster 7: Facilitation Skills
Estimated minimum time for this cluster as is: 4 hrs
Following instruction on this competency cluster participants will be able to:
A. Select clear methods and processes that foster open participation (30 mins.)
B. Demonstrates effective participatory and interpersonal communication skills (This objective
and all the following objectives will be covered in one class exercise of approximately 2.5 to
3.5 hours)
C. Effectively manage group conflict and group dynamics
D. Guide the consultation to appropriate and useful outcomes
E. Know when to lead the conversation vs. letting it evolve
F. Show they value and support diversity to foster inclusiveness
G. Use summarizing, paraphrasing and perception checking appropriately to verify understanding
and prevent miscommunication
Presentation Outline
1. Begin Objective 7: A Select clear methods and processes that foster open participation (30
mins.)
Consultation Process
a. What is protocol
b. Considerations when developing protocol
2. Laying the Ground Work for a Consultation Meeting
a. Pre-meeting activity
i. Determining meeting participants
ii. Determining type of meeting
iii. Determining meeting format
iv. Assess the role of third parties
b. Meeting logistics
c. Meeting closure
d. Post meeting follow up
e. Consultation records and reporting
3. Developing Protocol
4. Begin Objective 7B: Demonstrates effective participatory and interpersonal communication
skills (This objective and all the following objectives will be covered in one class exercise of
approximately 2.5 to 3.5 hours)
Begin Objective 7C: Effectively manage group conflict and group dynamics
Begin Objective 7D: Guide the consultation to appropriate and useful outcomes
Begin Objective 7E: Know when to lead the conversation vs. letting it evolve
Begin Objective 7F: Show they value and support diversity to foster inclusiveness
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Begin Objective 7G: Use summarizing, paraphrasing and perception checking appropriately to
verify understanding and prevent miscommunication
Putting it All Together
a. Class Exercise Part 1: Given reflection on the information presented throughout the
course, a complex scenario requiring Tribal consultation on a sensitive or controversial
issue, Internet access and information gathered throughout the class, participants will
divide into groups of 4 and determine an approach to consultation with the tribe,
including laws or regulations that may apply to the situation, background information on
the tribe, the approach to setting up a meeting, meeting participants, meeting format
and other items. Participants will share information in a guided full class discussion.
b. Class Exercise Part 2: Participants will view and critique a consultation sessions based
on the above scenario as it is played out by two to three groups of volunteers (one
portraying the Federal Government and one portraying the Tribal government and one
optional group portraying a third party). The facilitator will pause the role playing at
various points and guide the participants in a discussion/critique of key points, including
the management of group conflict, listening skills of the players, the ability of the
Federal government to guide the discussion while respecting the perspective of all
parties, the ability of the Federal government to guide the consultation to an
appropriate outcome. The facilitator will urge the participants to tell what they would
have done differently or to come up with a different approach.
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