DOI Announces Revised Regulations and Guidance that Strengthen Tribal Sovereignty and Co-Stewardship

Announcement

Dates: December 01, 2023 8:00am to December 31, 2023 8:00am

Throughout December 2023, the Department of the Interior (DOI) published revised regulations and new departmental guidance documents that strengthen Tribal sovereignty and Tribal self-determination, center Indigenous Knowledge, and prioritize responsible stewardship of Native American human remains, cultural items, and sites sacred to Tribes and Native Hawaiians. 

Updates to Native American Graves Protection and Repatriation Act Regulations 

DOI announced the publication of revised regulations implementing the Native American Graves Protection and Repatriation Act (NAGPRA), the landmark legislation vital to the identification and return of Native American and Native Hawaiian human remains and sacred and culturally significant objects to the communities to which they belong. 

Changes to the regulations include: Deferring to Indigenous Knowledge of Tribes and Native Hawaiian organizations (NHOs) in the repatriation process; requiring museums and federal agencies to obtain consent from descendants, Tribes, or NHOs for activities involving human remains; and imposing a five-year deadline for museums and federal agencies to update their inventories.

Learn more about the revised NAGPRA regulations. 

Improvements to the Fee-to-Trust Land Acquisition Process

DOI announced the publication of revised regulations to make the fee-to-trust land acquisition process simpler, more efficient, and less expensive. Fee-to-trust land acquisition is the process by which a land title is transferred to the United States to be held in trust for the benefit of an individual Indian or Tribe. This process strengthens Tribal sovereignty and self-determination because it helps Tribes consolidate a land base for Tribal communities, establishes Tribal jurisdiction, maximizes Tribes’ eligibility for federal programs, and helps reverse the damage done by past policies such as the creation of allotments, among other benefits.

Learn more about the revised fee-to-trust regulations.

Centering Indigenous Knowledge

New DOI departmental guidance formally incorporates Indigenous Knowledge into the department’s decision-making, policies, and actions. The policy recognizes Indigenous Knowledge as one of the many important knowledge systems that contribute to the well-being of the United States and to our collective understanding of the natural world.

Learn more about new departmental guidance on Indigenous Knowledge. 

Implementation of Nature-Based Solutions

New DOI departmental guidance prioritizes the implementation of nature-based solutions, which are actions that use or mimic natural features or processes to address environmental and societal issues while also benefitting both people and nature. DOI also launched the Nature-based Solutions Roadmap, an online tool created in partnership with Duke University’s Nicholas Institute for Energy, Environment and Sustainability. The online tool offers implementation strategies, project planning resources, and successful example projects throughout the United States.

Learn more about new departmental guidance on nature-based solutions.

Protection of Tribal and Native Hawaiian Sacred Sites

The White House Council on Native American Affairs published new guidance on best practices, procedures, and guidance for the management, treatment, and protection of Tribal and Native Hawaiian sacred sites. The guide also identifies impediments to federal-level protection of sacred sites and identifies ways to address and remedy the impediments.

Read the Best Practices Guide for Federal Agencies Regarding Tribal and Native Hawaiian Sacred Sites for more information.