A/HRC/36/46/Add.1
(c)
Seriously reconsider proposed budget cuts to the Environmental
Protection Agency and the Department of the Interior, which would greatly impact
the living standards of indigenous peoples in the United States of America;
(d)
Incorporate the United Nations Declaration on the Rights of Indigenous
Peoples into domestic law through statutes and regulations;
(e)
Educate federal agencies and state and local Governments on the
Declaration;
(f)
Allow tribes to obtain funding directly from the federal Government
rather than through regional offices.
Self-determination, the duty to consult and free, prior and informed consent
87.
Consent, not consultation, should be the policy to allow for the government-togovernment relationship necessary to fulfil the principles set forth in the Declaration.
As such, the federal Government should:
(a)
At the minimum, identify requirements for meaningful consultation with
indigenous peoples with a view to implementing a consistent system across all federal
agencies, in consultation with indigenous peoples, on issues that could affect their
rights as self-determined sovereign nations;
(b)
Approach tribes as individual sovereign nations and give tribes a seat at
the table with equal authority and equal rights;
(c)
Undertake consultations between high-level decision makers in both
federal and tribal Governments to ensure the scope necessary to identify social,
cultural and environmental impacts;
(d)
Continue to improve upon policies to develop stronger government-togovernment relations with tribes. At a minimum, federal agencies should adhere to
the consultation policy set forth in Executive Order 13175;
(e)
Take steps to consider fully and implement the proposals in the 2017
report, Improving Tribal Consultation and Tribal Involvement in Federal Infrastructure
Decisions;
(f)
While honouring the treaty obligations to tribes and trust obligations to
tribes and individual Indians with respect to resources and rights held in trust for
them, continue to support tribes in developing their capacity and resources towards
attaining self-determination in all areas, including energy development and law
enforcement.
Environmental impacts
88.
The federal Government should:
(a)
Conduct a thorough assessment of environmental impacts
infrastructure projects, taking into account impacts on indigenous peoples;
of
(b)
Require a full environmental impact statement on all extractive industry
projects affecting indigenous peoples, regardless of the status of the land;
(c)
Duly provide protocols for sharing confidential and proprietary
information necessary for indigenous peoples to fully assess the proposed project,
including all relevant impacts on them, on and off reservation lands;
(d)
Initiate consultations at the outset of all projects so as to include tribes in
the planning process, with proper identification and notification of all potentially
affected indigenous peoples as soon as the federal agency becomes aware of a project
requiring federal approval. Detailed information about the potential scope, purpose
and location of the entire project should be duly provided for potentially affected
indigenous peoples to evaluate and determine whether they have an interest in seeking
formal consultation with the federal agency. Federal agencies should take proper steps
to discuss, at the concept stage of energy projects, measures to mitigate impacts on
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