Tribal Forum

Elevating Tribal Voices: Importance of Tribal Comment Letters

The NAEPC Board of Directors has directed staff to monitor State and Federal proposed policy changes that may impact tribal consultation; limit protection of tribal lands and peoples; impact Tribal cultural and traditional areas; restrict access to oceans, streams, and rivers; reduce safety of water, air, and lands; or undermine federal agencies’ fiduciary responsibilities to tribes.

Although tribal comment letters do not always receive a direct response, they affirm tribes’ status as sovereign nations and remind federal agencies of their fiduciary responsibilities to Tribes. Such letters help ensure Executive Order 13175 and similar directives remain an influential tool in policy implementation.

Tribal comment letters are also useful to document tribal perspectives on potential concerns and impacts, creating a record that may support future actions such as legislation and litigation. Tribal letters uphold longstanding legislative and judicial actions that support tribal sovereignty.

Felix S. Cohen, “The Grandfather of Indian Law,” likened Tribes to the “Miner’s Canary,” underscoring the significance and safeguarding American Indian rights, which can signal broader protections for all people. Effective responses to tribal needs and concerns can therefore serve as a measure of the Nation’s adherence to its Constitution, legislation, and judicial decisions.

Lastly, tribal comment letters have produced concrete policy changes at both the state and federal levels. For example, the California Air Resources Board recently removed the requirement that tribes to provide a "limited waiver of sovereign immunity" to receive grant funding. On the Federal side, rapid tribal response actually helped reverse the SAMSHA grant terminations proposed by the administration.

In short, tribal comment letters are invaluable tools for protecting tribal rights and advancing tribal sovereignty.

NAEPC received a donation from the Native Americans in Philanthropy to uplift Tribal voices on regulatory changes that Tribes identify as potential threats to their cultural traditions and people. Below are letters your tribe may download and use at your convenience. Remember, Tribes are not “Public” and therefore NAEPC believes “Public Comment” timelines do not apply.