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Tribal Consultations on Interior Reorganization and Energy Permitting

05/20/2025

Over the last month, the U.S. Department of the Interior (“Interior”) issued two tribal consultation notices: first, on the reorganization of Interior, and second, on the streamlining of energy permits. These two consultation notices have been combined into a single consultation that will address two serious and significant issues facing tribal nations. Regional tribal consultations on both issues start today, May 20, 2025, and written comments on both are due on July 7, 2025. On April 14, 2025, the Acting Assistant Secretary for Indian Affairs (the “Acting ASIA”), Scott Davis, issued a notice for Tribal Consultation on the Proposed Reorganization of the Department of the Interior. Some may recall former Interior Secretary Ryan Zinke’s efforts under the first Trump Administration to reorganize Interior. Tribes successfully advocated to be excluded from that reorganization due to potential impacts on treaty and trust responsibilities. Interior is now proposing “restructuring of Indian Affairs to support more efficient interactions with Tribes.” This includes efforts “to improve efficiency through staffing changes, resource sharing, process improvements, and potential consolidation of programs and offices.” Interior is also proposing to increase support for Tribal Self-Governance and Self-Determination contracts and “provide Tribes with improved flexibility to foster economic growth, address the specific local needs of their communities, and increase pathways to self-determination and self-governance.” On May 1, 2025, the Acting ASIA issued a second notice for Tribal Consultation on Interior’s Energy Emergency Procedures to take place at the same time as the first consultation. Interior’s Energy Emergency Procedures were released following the President Trump’s declaration of a National Energy Emergency and are already being implemented by Interior. Interior’s Energy Emergency Procedures address streamlining under the National Environmental Policy Act (“NEPA”), Endangered Species Act (“ESA”), and National Historic Preservation Act (“NHPA”). Under NEPA, the procedures provide that Interior should complete review of qualified energy projects within 28 days. Under the ESA, Interior will provide t expedited consultation on impacts to threatened or endangered species. Under the NHPA, Interior will provide 7 days for Indian tribes and others to comment on impacts to historic or cultural properties. Please find attached the: 1) April 14, 2025 Consultation Notice on the Reorganization of the Department of the Interior; 2) May 1, 2025 Consultation Notice on Energy Emergency Procedures; and 3) Energy Emergency Procedures for NEPA, ESA, and NHPA.

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