2025 National Consultation on USGS Tribal Relations Policy Revisions to SM 500.6

On January 16-17, 2025, the U.S. Geological Survey (USGS) hosted two nationwide formal consultations for leaders of federally recognized American Indian and Alaska Native Tribes (Tribes), Alaska Native Corporations (ANCs), and Native Hawaiian Organizations (NHOs). The consultations pertained to the proposed revisions to the USGS Tribal relations policy and were conducted by videoconference.

Summary

The U.S. Geological Survey invited federally recognized Tribes, ANCs, and NHOs to consult on issues of concern pertaining to proposed revisions to the 2020 version of the USGS Survey Manual (SM) Chapter 500.6: American Indian and Alaska Native Tribal Relations. 

Electronic mail and paper copies of the proposed revised policy were distributed on November 25, 2024, and are archived below.

Dear Tribal Leader Letter 

Dear Alaska Native Claims Settlement Act Corporation Leader Letter

Dear Native Hawaiian Organization Leader Letter

We received comments both during the consultation sessions and in writing. The comments are summarized below along with USGS responses.

1. One Native Hawaiian Organization leader suggested that we cite U.S. Public Law 103-150 (also known as the Apology Resolution) in the list of authorities. 

   USGS Response: We have done so.

    

2. One commentor suggested that the USGS use the Zoom platform instead of Microsoft Teams for the consultations. 

   USGS Response: The USGS does not have the technological availability to host meetings via Zoom at this time. However, that limitation should not prove to be an impediment to virtual participation. Microsoft Teams is accessible through standard web browsers and does not require users to download any software.

    

3. One commentor stressed the importance of USGS engaging up front in consultation to be more respectful. The commentor was also curious about what USGS is doing to consider data sovereignty and sacred sites, and how lidar data are stored, shared, and used. The attendee further noted that the Tribes may lack the resources necessary to analyze the data. 

   USGS response: As stated in the first of its Guiding Principles (section 4) of the draft policy, “The USGS respects Tribal sovereignty and Tribal self-determination.” Inherent in that commitment is respect for Tribal data sovereignty to the extent possible by law. The USGS wholeheartedly agrees that it needs to notify Tribes, ANCs, and NHOs early in the planning stages of any project that may have substantial direct impact on them, offering an opportunity to engage in formal consultation. The USGS recently updated its policy on notification (located at Survey Manual Chapter 500.7). The revised policy calls for USGS offices to provide even more advance notification than required under the Department of the Interior’s policy (i.e., 45 days instead of 30 days). In section 5 of that Survey Manual chapter, it states that all notification letters need to include “a description of the type of data being collected; the method and timeframe of data collection; all partners involved in the project; the use, sharing, and publication of data; potential benefits to the Tribe; potential adverse impact to the Tribe; an invitation for formal consultation; and an opportunity to request additional time to respond.”

   Moreover, the Tribal relations policy under consideration in this consultation (500.6) contains a section on sensitive data and safeguarding sensitive data (see section 10). The 3D Elevation Program, which collects, maintains, and publishes USGS’s lidar data, has developed and follows procedures that comport with this policy. As mentioned in the policy, Tribes may request that data related to the Tribe’s Indigenous Knowledge or cultural resources (including sacred sites) be deemed “sensitive,” and the USGS will work to restrict the publication of those data. However, data in USGS possession is subject to release under the Freedom of Information Act (FOIA) and there are limits on the extent to which the USGS can protect the data from release (see subsection C). Additionally, in subsection D, the USGS makes specific mention of data sharing with federal and non-federal entities. In cases of sharing data with the latter, and especially with respect to Indigenous Knowledge or other data provided by Tribes, the USGS will not share such data without express written consent of the Tribe. With respect to the last part of the comment, the National Geospatial Program has a network of National Map Liaisons who are available to assist Tribes in accessing and interpreting lidar data at no charge.

    

4. One commentor inquired about how the policy relates to ANCs and their conveyed lands. 

   USGS Response: This policy (500.6) reiterates our commitment to ANCs that we will have open relationships and seek to build partnerships with them. The policy also addresses broad categories such as types of agreements that we might enter with Tribes, ANCs, and NHOs. 

    

5. Two attendees asked specific questions pertaining to their particular ANCs that were unrelated to the content of the policy itself. One question had to do with what data USGS have pertaining to ANC’s conveyed lands, and the other had to do with possible USGS interactions with the Alaska Department of Natural Resources.

   USGS Response: We have attempted to follow up individually on these inquiries.