Tribal Consultation in the Missouri River System

By Mary Lee Johns
U.S. Army Corps of Engineers

The U.S. Army Corps of Engineers (Corps) has a trust responsibility to work with federally recognized American Indian Tribes. The Corps recognizes tribal governments are sovereign entities retaining powers of self-government.

It is the Corps’ responsibility to work directly with tribal governments as sovereign nations on a government-to-government basis in accordance with treaties, statues, court decisions, executive orders and regulations.

There are 22 federally recognized tribes within the boundaries of the Corps’ Omaha District. Of these, 10 are located along the Missouri River and seven were directly impacted by Corps construction of five Pick/Sloan hydroelectric dams.

These tribes are directly impacted by Corps decisions regarding operation of the Missouri River Mainstem System.  Impacts range from municipal drinking water intakes to exposing tribal burial sites, and destruction of old village sites from bank erosion and looting. 

The Corps recognizes and respects the importance tribes place on resources and properties based on religion or culture. It therefore becomes essential that consultation occur before a proposal that may potentially affect tribal interests. 

Tribal consultation is seen as a process for initiating and carrying out discussion between the Corps and tribes on proposed and on-going federal actions in a way that is meaningful for both parties. 

The most important element of consultation is beginning discussions with tribes before decisions impacting tribal interests are made. 

Consultation includes an invitation to potentially affected tribes to provide information concerning actions that may significantly affect tribal interests. Meaningful consultation demands that information from tribes is given particular consideration, which can only happen if tribal input is solicited early enough that it may actually influence the decision-making process. 

The Omaha District recognizes tribal consultation is a process, not an event. An example of this was development of a “Programmatic Agreement for the Operation and Management of the Missouri River Mainstem System for Compliance with the Nation Historic Preservation Act, as amended.”  This agreement defines a system for managing the resources of the Missouri River Mainstem System in a cooperative and culturally sensitive manner.

The agreement took three years to complete from sitting down with a tribal task force where 27 tribes were invited, to the signing ceremony on April 13, 2004.

Of the 27 tribes invited to participate in developing this historic document, the majority participated in some manner during the three years.  Sixteen eventually signed the document.

For all of those who participated, this consultation is recognized as a model for others to follow.