​​​​​​​500.6 - Relations with American Indian and Alaska Native Tribes, Alaska Native Corporations, and Native Hawaiian Organizations

Issuance Number:      500.6

Subject:                       Relations with American Indian and Alaska Native Tribes, Alaska Native Corporations, and Native Hawaiian Organizations 

Issuance Date:            3/27/2025

Expiration Date:         3/27/2030

Responsible Office:    Office of Science Quality and Integrity; Office of Tribal Relations

Instruction:                  This replaces Survey Manual (SM) chapter 500.6, American Indian and Alaska Native Tribal Relations, dated September 14, 2020.

Approving Official:    /s/ Craig Robinson

                                       Director, Office of Science Quality and Integrity

1.  Purpose and Scope.  This SM chapter provides principles and policies for how the U.S. Geological Survey (USGS or the Bureau) relates to and engages with American Indian and Alaska Native Tribes, Alaska Native Claims Settlement Act Corporations (ANCs), and Native Hawaiian Organizations (NHOs), in compliance with statutes, regulations, Executive and Secretarial Orders and Memoranda, and Department of the Interior (DOI) policies. USGS policies pertaining to Tribal notification and consultation are found in SM 500.7, Consultation with Indian and Alaska Native Tribes, Alaska Native Corporations, and Native Hawaiian Organizations.

2.  Authorities.

A.    Alaska Native Claims Settlement Act (42 U.S. Code (U.S.C.) 1601 et seq.)

B.    Archaeological Resources Protection Act of 1979 (ARPA)

C.    Buy Indian Act (25 U.S.C. 47)

D.    Indian Mineral Development Act of 1982 (IMDA) 

E.    Indian Self-Determination and Education Assistance Act (1975), Public Law 93-638 

F.    National Historic Preservation Act of 1966 (NHPA) 

G.    Native American Graves Protection and Repatriation Act of 1990 (NAGPRA) 

H.    U.S. Public Law 103-150 (1993) 

I.    Executive Order No. 13175, “Consultation and Coordination with Indian Tribal Governments” (2000) 

J.    Presidential Memorandum on Uniform Standards for Tribal Consultation (2022) 

K.    Secretarial Order No. 3335, “Reaffirmation of the Federal Trust Responsibility to Federally Recognized Indian Tribes and Individual Indian Beneficiaries” (2014) 

Definitions.

A.    Tribe or Tribal Nation means an Indian or Alaska Native community that the Secretary of the Interior acknowledges to exist as an Indian Tribe pursuant to the federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).

B.    The Federal trust responsibility is a legal obligation under which the United States “has charged itself with moral obligations of the highest responsibility and trust” toward Indian Tribes (Seminole Nation v. United States, 1942). The United States is the trustee for certain things held in trust (generally land, minerals, money, timber, and treaty rights to water, hunting, and fishing) for the benefit of Tribes and Native American individuals. Unless a statute places a specific duty on the Government, the Bureau can usually satisfy the trust responsibility by complying with general regulations and statutes. However, in interpreting statutes and implementing regulations established for the benefit of Native Americans, such as the NHPA or NAGPRA, the Bureau must construe any ambiguities in favor of the Tribe. There is no trust responsibility to ANCs or NHOs, nor does the United States hold anything in trust for ANCs or NHOs.

C.    The government-to-government relationship between the Federal Government and Tribal Nations is rooted in both the U.S. Constitution and the historic signing of treaties and supported by Executive Orders. A cornerstone of the relationship is government-to-government consultation (refer to SM 500.7). However, the relationship can manifest itself in various partnerships and collaborations, including science co-production.

D.    Alaska Native Claims Settlement Act Corporation (also known as an Alaska Native Corporation or ANC) means any Alaska Native Village Corporation, Urban Corporation, or Regional Corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act. ANCs are not federally recognized Tribal entities but are private landholding corporations. For purposes of this chapter, unless specified otherwise, any reference to Tribe(s) applies to ANC(s) but in a government-to-corporation relationship. ANCs are not sovereigns, and they are not considered as Tribes for purposes of the ARPA, NAGPRA, or NHPA.

E.     Native Hawaiian Organization (NHO). Congress has recognized a special political and trust relationship with the Native Hawaiian Community through more than 150 legislative enactments, including the NHPA and NAGPRA. As the Native Hawaiian Community lacks a unified formal government, the Bureau works informally with the Community through NHOs, which represent the interest of Native Hawaiians. For purposes of this chapter, any reference to Tribe(s) applies to NHO(s) but in a government-to-sovereign relationship, with the NHO(s) representing the sovereign Native Hawaiian Community. NHOs are not considered Tribes for purposes of the ARPA.

F.     Indigenous Knowledge (IK) is a body of observations, oral and written knowledge, innovations, technologies, practices, and beliefs developed by Indigenous peoples through interaction and experience with the environment. For a complete definition, see Section 7.4.A. of 301 DM 7. Detailed guidance on the inclusion of IK in USGS science products will be issued separately.

G.    USGS Office of Tribal Relations (OTR) is responsible for Bureau-wide organization, coordination, and facilitation of USGS activities involving Tribes, Indigenous communities, and Tribal-serving organizations. The OTR is overseen by the USGS Office of Science Quality and Integrity (OSQI).

4.  Guiding Values. The following values guide the USGS in Tribal relations:

A.    The USGS respects Tribal sovereignty and Tribal self-determination.

B.    Fulfillment of the Federal trust responsibility to Tribes is the work of everyone at the USGS.

C.    The USGS will include Tribal perspectives, priorities, and input in our science planning and decision-making processes that affect Tribes.

D.    The USGS seeks to develop thriving relationships with Tribes and Tribal-serving organizations through project co-development and knowledge co-production to meet Tribal science needs.

E.    The USGS recognizes IK as a valid way of knowing and understanding the world.

5.  Engagement Plan. In consultation with Tribes, the Bureau will publish a USGS Tribal Engagement Plan that will articulate vision, principles, and goals for enhancing relationships with Tribes.

6.  Training on Tribal Relations for USGS Employees. All USGS employees need to have a general awareness of expectations under the Federal trust responsibility to and government-to-government relationship with Tribes, and USGS scientists and managers need to know how to foster productive, sustainable relationships with Tribes. Information about training requirements and resources, including those offered by the U.S. Office of Personnel Management, DOI, USGS, and individual regions and mission areas, will be made available on the internal OTR SharePoint site. Training should be included in employees’ Individual Development Plans as appropriate.

7.  Reception and Representation Expenses. Exchanging of gifts and sharing of food is common in engagements with Tribes. As authorized by Congress (P.L. 118-122), the USGS may use a certain portion of its annual appropriations for “official reception and representation expenses” related to consultations or other events with Tribes. With advance approval from the OTR, items such as light refreshments or gifts of appreciation may be purchased using appropriated funds (refer to IM on R&R Authority). (Note: USGS employees who are offered food or gifts from Tribes must comply with DOI ethics rules described at https://www.doi.gov/ethics/gifts.)

8.  Agreements with Tribes.

A.    Agreements Involving Funds Going Out of the USGS.

(1)  General Considerations. The USGS may enter into contracts and similar acquisition awards with Tribes. By default, contract awards must be competitive unless justified as non-competitive based on one of several criteria, the most applicable for USGS being “only one responsible source.” In cases where work will be done on Tribal lands where the Tribe does not support having others on their lands performing the work, the non-competitive justification is straightforward. Also, Tribes and Indian Small Business Economic Enterprises (ISBEEs) may compete on USGS awards or among themselves as a part of an ISBEE set-aside (refer to the USGS Acquisition Operating Procedures).

(2)  Financial Assistance Agreements. The USGS may enter into non-competitive cooperative agreements with Tribes. Tribes may also be partners and receive subawards from an eligible entity. Tribal academic institutions and not-for-profit organizations are eligible to be direct recipients under some competitive authorities.

(3)  Self-Governance Agreements. Under Title IV of Indian Self-Determination and Education Assistance Act or ISDEAA (Public Law 93-638), eligible Tribes may seek to engage in activities that hold “special geographic, historical, or cultural significance” to them. (Note: The USGS conducts no operations that are eligible for consideration under Title I of ISDEAA.) At the discretion of the Bureau (25 U.S.C. 1000.128), Tribes may support the USGS under self-governance agreements in data collection and analysis activities. Tribes may request to enter into such agreements either in writing (refer to 25 U.S.C. 1000.166-179) or during the course of a formal government-to-government consultation.

B.    Agreements Involving Funds Coming into the USGS, Zero-Funds Agreements, and In-Kind Agreements. The USGS uses several agreement types when partnering with and (or) accepting finds from outside entities. Delegated authority to approve such agreements is provided in SM 205.13, Delegations of Authority to Enter into Agreements and to Accept Contributions, and SM 205.13 Appendix A.

9.  Fieldwork Considerations.

A.    Lands under the jurisdiction of a Tribe/ANC. USGS employees, collaborators, and contractors must obtain written permission from a Tribe/ANC before physically accessing lands under its jurisdiction. They also must conduct activities in compliance with Tribal/ANC regulations and protocols, and never touch or remove artifacts or any Tribal objects (including biological objects as they may be of cultural significance) without prior permission from an official representative of the Tribe/ANC.

B.    Sacred Sites. When planning and conducting all fieldwork, principal investigators (PIs) need to be aware of sacred sites and respect any access restrictions and ceremonial observances. On federal lands, the land-managing agency may know of the location of such sites and may provide directives to guard sensitive sites against adverse impact. Additional guidance is at https://www.bia.gov/events/sacred-sites-best-practices-guide.

C.    Inadvertent Discovery. USGS employees, collaborators, and contractors will cease work immediately in the event of inadvertent discovery of human remains, funerary objects, sacred objects, or objects of cultural patrimony, and will provide immediate telephone notification of the discovery, with follow-up written confirmation, to the responsible federal agency official (if on federal lands), Tribal leadership (if on lands under their jurisdiction), the Head of OTR, and the USGS Federal Preservation Officer. All contracts and agreements with non-federal partners must include language stating that the contractor must provide immediate notification of inadvertent discovery to the PI. This requirement does not apply to land under the jurisdiction of an ANC.

10.  Sensitive Data.

A.    Designation of Sensitive Data. A Tribe may request (in writing) information be labeled as “sensitive data” that is related to its IK, its cultural resources, or location or attributes of sites that it considers culturally significant. This applies to information provided by Tribes or collected by the USGS. The USGS will seek to honor the request to the extent allowable by law or by congressional, presidential, or secretarial mandates. If the request cannot be honored in part or whole, the Bureau will notify the Tribe accordingly.

B.    Safeguards for Sensitive Data.

(1)  Sensitive Tribal data shared with the USGS are not subject to the USGS Fundamental Science Practices data release requirements (SM 502.8, Fundamental Science Practices: Review and Approval of Scientific Data for Release).

(2)  Sensitive data will be marked accordingly to ensure against accidental release.

(3)  If a Tribe identifies an archaeological or sacred site, the USGS will not include sensitive data about the site in its products, unless the Tribe or a federal authority mandates the release of such information. In cases where the existence of an archaeological or sacred site is not known to the USGS until after the product is distributed, the program office or PI (in conjunction with OTR) will work with the affected entity to try to restrict or obscure data when appropriate and feasible.

(4)  USGS contracts must require that the contractor or non-federal partner safeguard and prevent from release any data that a Tribe has identified as sensitive.

C.    Release of Data under the Freedom of Information Act (FOIA). 

(1)  While the USGS will make every effort to protect sensitive Tribal data, the Bureau may be required to release such data in the event of a FOIA request. This includes any data (including IK) shared with the USGS.

(2)  Possible exemptions. Certain data collected or received by the USGS may be protected from release under one or more of the following FOIA exemptions:

(a)    Exemption 3: For certain data covered by statutory exemptions contained in the NHPA, ARPA, and IMDA. For example, the NHPA contains a statutory exemption for information that may reveal the location of a Tribal historic property if its disclosure could risk harm to the historic property or impede the use of a traditional religious site by practitioners. The ARPA provides exemptions for data that could reveal the nature and location of archaeological resources. The IMDA protects data regarding mineral resources subject to an IMDA agreement as privileged proprietary information of the Indian mineral owner. Neither the IMDA nor ARPA apply to lands under the jurisdiction of an ANC.

(b)    Exemption 4: For trade secret or confidential commercial or financial information or other data owned by a Tribe that, if disclosed, could adversely affect its commercial interests. 

(c)    Exemption 9: For information containing geological and geophysical information and data (including maps) that pertain to wells. However, decisions about what records might be exempt from release under the FOIA are made on a case-by-case basis and cannot be made in advance. If the USGS receives a FOIA request for sensitive Tribal data, the USGS FOIA Officer will review the request and, with OTR, will coordinate with the Tribe and the DOI Office of the Solicitor, to determine if and to what extent the USGS has a legal basis for denying the FOIA request. If the USGS were to deny a request by withholding records, the denial could be overturned on appeal by DOI’s FOIA Appeals Office or by a federal court. Therefore, USGS employees working with Tribes must be clear, prior to collecting any data, about the Bureau’s limited ability to protect data from release under the FOIA.

D.    Data Sharing.

(1)  With Other Federal Agencies. As the Federal government is considered a unified entity, the USGS may share information that it collects, including sensi tive data, with any other federal agency by using a DOI Data Sharing Agreement. Exception: The Bureau will not share with other federal agencies any data owned by a Tribe, including IK received from a Tribally recognized Knowledge Holder, without the express written permission of the Tribe.

(2)  With Non-Federal Entities. If a Tribe has requested that the USGS restrict the sharing of certain data beyond the Federal government, the USGS will not share those data without the express permission of the Tribe. Such requests will be honored even in situations where the non-federal entity is a funding partner in a USGS data collection.

11.  Roles and Responsibilities.

A.    USGS Director, Deputy Director for Administration and Policy, and Deputy Director for Operations. The USGS Director has final authority and, with the Deputy Directors, has responsibility for the Bureau’s fulfillment of the federal trust responsibility and for ensuring the Bureau has respectful and productive relationships with Tribes.

B.    Associate Directors (ADs) ensure that the work being performed in their respective mission areas meets requirements outlined in this SM chapter. ADs, in collaboration with Regional Directors (RDs), act in the best interests of the whole Bureau when interacting with Tribes by fostering and maintaining positive relationships with them for the benefit of all USGS programs and activities. ADs, with input from the OSQI Director, identify their respective Mission Area Tribal Relations Advisors (MATRAs) and consider feedback provided by the Head of OTR regarding the contributions of their MATRAs.

C.    Regional Directors (RDs) ensure that the work being performed in their regions meets the requirements outlined in this SM chapter. Given their awareness of multiple projects of various mission areas that may be of interest to Tribes in a particular geographic area, RDs serve as field executives with respect to Tribal relations. They collaborate on Tribal relations issues with ADs as appropriate. RDs, with input from the OSQI Director, identify their respective Regional Tribal Liaisons (RTLs) and consider feedback provided by the Head of OTR regarding the contributions of their RTLs.

D.    Director of the Office of Science Quality and Integrity (OSQI) oversees USGS policy on relations with Tribes, the appointment of the Head of the OTR, the functioning of the OTR, and provides counsel to ADs and RDs in assigning their respective MATRAs and RTLs.

E.    Head of OTR serves as the Tribal Liaison Officer for the USGS as specified in 512 DM 4 and the Native Hawaiian Community Liaison Office for the USGS as specified in 513 DM 1; advises the USGS Director and Executive Leadership Team members on Tribal engagement matters; works to achieve Bureau-wide compliance with laws, Executive Orders, and DOI policies; promotes and facilitates collaboration between the USGS and Tribes; and advocates for opportunities for and consideration of the positions of Tribes, as consistent with the USGS mission. In addition, the Head of OTR provides advice and guidance as needed to OTR Staff Scientists, MATRAs, and RTLs; coordinates Bureau-wide Tribal relations activities; and gives feedback semiannually to ADs and RDs about the contributions to the OTR team made by their respective MATRAs and RTLs. 

F.    OTR Staff Scientists work closely with the Head of OTR in carrying out the OTR responsibilities. Examples of the staff scientists’ activities include, but are not limited to, assisting mission areas, regions, and centers in identifying opportunities for Tribes to engage in USGS science and for the USGS to engage in Tribal science; overseeing technical training initiatives; fostering educational outreach efforts to Native youth; coordinating with external partners; contributing to interagency working groups on specialized topics; managing the USGS Tribal Relations Community of Practice; and coordinating efforts with other headquarters offices. 

G.    Regional Tribal Liaisons (RTLs) and Mission Area Tribal Relations Advisors (MATRAs) respectively report directly to their RDs or ADs on issues pertaining to Tribal relations. They regularly inform, coordinate with, share best practices with, and support their counterparts. Specifically, RTLs and MATRAs (1) bring to the attention of the AD/RD and the Head of OTR any scientific, cultural, educational, or administrative concerns that may arise pertaining to Tribes and Tribal-serving organizations; (2) assist PIs and program staff with issues involving Tribes and Tribal-serving organizations, including the drafting of correspondence; (3) facilitate communication with Tribal offices; (4) respond to data calls and provide other information related to USGS work with Tribes and Tribal-serving organizations; (5) serve on and/or contribute to committees and working groups; (6) and may represent the Bureau at Tribal-related events.

H.    Science Centers and National Program Offices are responsible for (1) maintaining productive working relationships with Tribes; (2) adhering to Bureau policies set forth in this SM chapter and following procedures housed on the OTR intranet site; and (3) identifying in the USGS Budget and Science Information System all tasks that directly benefit American Indians, Alaska Natives, or Native Hawaiians, or that involve Tribes, ANCs, NHOs, or Tribal-serving organizations.