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U.S. DEPARTMENT OF THE INTERIOR

Tribal Engagement & Consultation

Tribal Engagement & Consultation

Engagement

Federally recognized Tribes are sovereign nations exercising government-to-government engagement with the United States. These engagements can take the form of either informal dialogue or legally required consultation. The Bureau of Safety and Environmental Enforcement (BSEE) Tribal Liaison Officer serves as the bureau official for BSEE’s National Tribal Engagement Program and primary point of contact with Tribes, Alaska Native Claims Settlement Act (ANCSA) Corporations, and the Native Hawaiian Community.

BSEE actions on the Outer Continental Shelf (OCS) could have Tribal Implications. Tribal consultations can identify the cultural values, religious beliefs, traditional practices, and the legal rights of Indigenous Peoples that may be impacted by Federal actions, BSEE implements consultation policies through formal government-to-government consultations and informal dialogue, robust collaboration, and meaningful engagement. BSEE is committed to maintaining open and transparent communications with Tribal governments, ANCSA Corporations, the Native Hawaiian Community, and other Indigenous communities. BSEE emphasizes trust, respect, and shared responsibility as part of a deliberative process to promote effective collaboration, transparent, and informed decision-making.

 

The ancestors of today’s Tribes occupied vast areas of land and depended on nearby ocean resources, even prior to both sea level rise at the end of the last ice age and interaction with the U.S. government. BSEE activities are proposed and conducted in the OCS. Many Indigenous Peoples have historical and cultural ties to areas where BSEE activities are proposed and conducted although they may no longer be physically located near the area. It is important to note the impact that the history of Federal law and policy has had on Tribal access to ancestral lands. Policies such as the Indian Removal Act of 1830 resulted in mass removal of Native Americans from their lands. These types of actions continue to have long-lasting impacts on Tribes and their relationship with the Federal government.

Upcoming Consultation and Informational Sessions

Directors Tribal Roundtable

June 26, 2023 – 2-5 PM EST

Purpose: The Tribal Roundtable will provide a forum to discuss the Bureau’s National Tribal Engagement Program, to learn of Tribal concerns and issues, and to assist in developing and maintaining government-to-government relationships with Tribal Nations. The purpose of this meeting is for the Director to fully convey his thoughts and ideas for the scope and direction of this initiative and have an open discussion with Tribal members. Please register in advance for this event.

Zoom Registration Link

 

Carbon Sequestration Rulemaking

The Bureau of Safety and Environmental Enforcement (BSEE) and the Bureau of Ocean Energy Management are developing a joint notice of proposed rulemaking to regulate activities related to carbon sequestration on the outer Continental Shelf (OCS). Please let us know if you have any questions or wish to engage in formal consultation by contacting BSEE’s Tribal Liaison Officer Jack Lorrigan jack.lorrigan@bsee.gov, (907) 334-5357. Mr. Lorrigan will share any information that you provide with both bureaus.

Carbon Sequestration

 

Consultation Topics

Consultation Request: BSEE Proposed Rule Making

1014-AA-44 Oil-Spill Response Requirements for Facilities Located Seaward of the Coast Line

The Bureau of Safety and Environmental Enforcement would like to invite you or your designee to participate in Government-to-Government and Government to ANCSA Corporation consultations concerning an upcoming rulemaking that would apply to oil spill response requirements for facilities located seaward of the coastline. BSEE is initiating this rulemaking to address the regulatory gaps identified by multiple investigations and studies following the Deepwater Horizon incident. Additionally, the proposed rule would implement recommendations of those reports and studies to advance oil spill response best practices. We are able to meet at your convenience by or before May 15, 2023, please contact our Tribal Liaison Officer, Jack Lorrigan at 907-738-3743 or jack.lorrigan@bsee.gov to request a time to meet. Additional information regarding the AA-44 rule can be found in the consultation letters below.

AA-44 Request for Consultation Letters

Regulatory Agenda

Tribes and ANCSA Corporations were notified of BSEE’s proposed regulatory agenda on July 24, 2022. The notification can be reviewed below.

National Tribal Engagement Program

Tribes and ANCSA Corporations were notified of BSEE’s proposed National Tribal Engagement Program policy development in July 2022, followed by a request for Tribal and ANSCA Corporations' input on this endeavor in August 2022. BSEE is currently notifying Tribes and ANCSA Corporations of the final, The National Tribal Engagement Program Bureau Interim Directive that was signed October 27, 2022. Notification letters to the Tribes and ANCSA Corporations are below.

Initial Notification - Tribal Program Development

Request for Consultation - NTEP Policy Review

Final Signed Policy - NTEP BID Signed

Decommissioning of Oil and Gas Platforms in the Pacific Region

The purpose and need for this Programmatic Environmental Impact Statement (PEIS) is to support future Federal review of and action on decommissioning applications for platforms, pipelines, and other facilities offshore Southern California on the Pacific OCS. Currently, eight oil and gas platforms on the OCS offshore Southern California, near Point Conception and in the Santa Barbara Channel, no longer produce oil and gas and are located on terminated leases that no longer allow resumption of production. BSEE expects to receive decommissioning applications for these platforms and associated pipelines and other facilities in the near term. It is currently unknown when decommissioning may be initiated for the remaining 15 platforms, though by regulation an initial platform removal application must be submitted for Pacific OCS facilities at least two years before production is projected to cease.

Annual Tribal Consultation Report

Contacts

 Jack Lorrigan

Tribal Liaison Officer
(907) 334-5357

 W. Shawn Arnold

Federal Preservation Officer
(504) 736-2416

National Response Center Tribal Notifications

Tribes with NRC agreements in place will receive spill notifications based on selected incident criteria contained in the agreement application. To apply for an NRC Agreement, please email nrc@uscg.mil or fax (202) 267-1322. Additional information can be found on the National Response Center website: https://www.epa.gov/emergency-response/national-response-center

Tribal Consultation Policy