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Indigenous, Indian, and Aboriginal Law

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SJ Quinney College of Law, University of Utah

Tribal Consultation Database

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Changing Consultation, Elizabeth Kronk Warner, Kathy Lynn, Kyle Whyte Mar 2021

Changing Consultation, Elizabeth Kronk Warner, Kathy Lynn, Kyle Whyte

Tribal Consultation Database

Examples abound of both historic and modern situations where the federal government and tribes failed to engage in effective consultation. Yet, numerous reasons exist—such as effective management of natural resources and the negative impacts of climate change—for tribes and the federal government to engage in effective consultation. Effective consultation can be met through strong government-to-government relationships between Indian tribes and federal agencies and should be based on respect, mutual understanding, and common goals. This can be accomplished through interactions that will enhance consultation and provide other pathways to achieving a strong government-to-government relationship. To date, however, many within Indian country …