California Tribal Consultation Toolkit Questionnaire

Questionnaire Purpose

The National Indian Justice Center (NIJC) is implementing a project titled, "Tribal Consultation Steps: From Receiving Agency Notice to Developing and Applying Tribal Consultation Protocols” with support from the California Consumer Protection Foundation, Consumer Organics Fund.

The project will produce a Tribal Consultation Toolkit to assist California Native American Tribes, both federally recognized and non-federally recognized, in their consultations with California Environmental Quality Act (CEQA) Lead Agencies and State, Local and Federal agencies on projects that impact tribal cultural-natural resources.

The following questionnaire asks about your Tribe's consultation needs. Your responses will help us develop the toolkit along with guidance from our project Advisory Committee.

This questionnaire takes about 12 minutes to complete.

We sincerely appreciate your participation. If you have questions about the project, please contact Raquelle Myers, NIJC Staff Attorney at nijc@aol.com or (707) 579-5507.

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* 1. Contact Information

Name

Position

Tribe

Street Address

City

Zip Code

Telephone

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* 2. Tribal federal recognition status

Non-recognized, not petitioning

Non-recognized, petitioning

Recognized

Other (please specify)

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* 3. Please respond to the following statements that describe your tribe's capacity to engage in consultation with CEQA Lead Agencies and State, Local and Federal agencies on projects that impact tribal cultural-natural resources.

	Yes	No	Do not know
Tribal staff participates in consultation.	Tribal staff participates in consultation. Yes	Tribal staff participates in consultation. No	Tribal staff participates in consultation. Do not know
Tribal leadership participates in consultation.	Tribal leadership participates in consultation. Yes	Tribal leadership participates in consultation. No	Tribal leadership participates in consultation. Do not know
Tribal community members participate in consultation.	Tribal community members participate in consultation. Yes	Tribal community members participate in consultation. No	Tribal community members participate in consultation. Do not know
Tribe is able to respond to consultation notices in a timely manner.	Tribe is able to respond to consultation notices in a timely manner. Yes	Tribe is able to respond to consultation notices in a timely manner. No	Tribe is able to respond to consultation notices in a timely manner. Do not know
Tribe is able to request notification on projects in a timely manner.	Tribe is able to request notification on projects in a timely manner. Yes	Tribe is able to request notification on projects in a timely manner. No	Tribe is able to request notification on projects in a timely manner. Do not know
Tribe has provided the Native American Heritage Commission with a "traditionally and culturally affiliated" territory map for AB 52 purposes.	Tribe has provided the Native American Heritage Commission with a "traditionally and culturally affiliated" territory map for AB 52 purposes. Yes	Tribe has provided the Native American Heritage Commission with a "traditionally and culturally affiliated" territory map for AB 52 purposes. No	Tribe has provided the Native American Heritage Commission with a "traditionally and culturally affiliated" territory map for AB 52 purposes. Do not know
Tribe has information about its cultural-natural resources to engage in consultation.	Tribe has information about its cultural-natural resources to engage in consultation. Yes	Tribe has information about its cultural-natural resources to engage in consultation. No	Tribe has information about its cultural-natural resources to engage in consultation. Do not know
Tribe possesses a map of its ancestral lands (basic layer of potential boundaries).	Tribe possesses a map of its ancestral lands (basic layer of potential boundaries). Yes	Tribe possesses a map of its ancestral lands (basic layer of potential boundaries). No	Tribe possesses a map of its ancestral lands (basic layer of potential boundaries). Do not know
Tribe has historic knowledge of its ancestral lands and its uses (e.g. agriculture, grazing, residential, etc.)	Tribe has historic knowledge of its ancestral lands and its uses (e.g. agriculture, grazing, residential, etc.) Yes	Tribe has historic knowledge of its ancestral lands and its uses (e.g. agriculture, grazing, residential, etc.) No	Tribe has historic knowledge of its ancestral lands and its uses (e.g. agriculture, grazing, residential, etc.) Do not know
Tribe has understanding of the types of ground disturbances that have occurred on its ancestral lands.	Tribe has understanding of the types of ground disturbances that have occurred on its ancestral lands. Yes	Tribe has understanding of the types of ground disturbances that have occurred on its ancestral lands. No	Tribe has understanding of the types of ground disturbances that have occurred on its ancestral lands. Do not know
Tribe knows its right to confidentiality in consultation.	Tribe knows its right to confidentiality in consultation. Yes	Tribe knows its right to confidentiality in consultation. No	Tribe knows its right to confidentiality in consultation. Do not know
Tribe has a consultation policy.	Tribe has a consultation policy. Yes	Tribe has a consultation policy. No	Tribe has a consultation policy. Do not know
Tribe has informal internal consultation process but not a policy.	Tribe has informal internal consultation process but not a policy. Yes	Tribe has informal internal consultation process but not a policy. No	Tribe has informal internal consultation process but not a policy. Do not know

Describe any other activities, methods or tools that help the Tribe engage in consultation.

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* 4. Please describe the Tribe's additional needs to improve its engagement in consultation with CEQA Lead Agencies and State, Local and Federal agencies on projects that impact tribal cultural-natural resources. Examples of potential impediments to engaging in consultation may include lack of funds to support travel to meetings, lack of staff to participate or lack of information received from the agency involved.

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* 5. The Tribal Consultation Toolkit purpose would be to help California Native American Tribes more effectively engage in consultations with CEQA Lead agencies and State, Local and Federal agencies on projects that impact their cultural-natural resources. The toolkit resources would be modifiable at the local level.

Please rank the toolkit elements listed below in terms of importance to the Tribe with 1 being of highest importance and 10 being of least importance. You may only assign one value to each choice (i.e. only one answer can be given "1").

Sample consultation organization charts (i.e. who does what, lines of authority)

Glossary of consultation terms

Consultation prioritization matrix (i.e. choosing to respond or not respond to requests)

Consultation flow chart (i.e. steps to responding)

Sample consultation protocols

Consultation case studies (unrecognized tribes)

Consultation case studies (federally recognized tribes)

Consultation case studies by specific CEQA lead agencies, State, Local and/or Federal agencies (please identify in Question 6)

Case studies of tribal experience developing protocols and engaging in consultation

Consultation best practices

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* 6. Please identify CEQA Lead agencies, State, Local and/or Federal agencies of concern for case studies. If no agencies are of concern, state N/A.

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* 7. Please describe resources that should be included in the Toolkit but are not contained in the above list and their importance to the Tribe for consultation.

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* 8. Would your Tribe be willing to share documents you have created about consultation with the project?

Yes

I don't know

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* 9. Please share any other comments or concerns regarding Tribal consultation.

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* 10. I am interested in using the toolkit when it is published

Yes, contact me.

I don't know