03.15.22

Natural Resources Committee to Hold Historic Full Committee Markup on Chair Grijalva’s RESPECT Act Tomorrow

THIS MARKUP HAS BEEN POSTPONED UNTIL FURTHER NOTICE

Washington, D.C. – The House Natural Resources Committee will hold a full committee markup on the RESPECT Act (H.R. 3587) tomorrow, March 16 at 10:00 a.m. Eastern time. The livestream of the hearing can be viewed at https://youtu.be/qVfyY28y-Fo.

The RESPECT Act will codify into law that federal agencies must consult with tribal governments before taking federal actions that may impact tribal lands, rights, resources, or citizens. Tomorrow’s markup will be the first time in congressional history that this legislation will be considered before the full committee. 

Natural Resources Committee Chair Raúl M. Grijalva (D-Ariz.) introduced the RESPECT Act on May 28, 2021. He explains the significance and purpose of the RESPECT Act in a brief video here. In addition to making tribal consultation the law, the bill will establish government-wide standards for identifying agency actions that have tribal impacts, conducting adequate outreach to tribal governments, documenting tribal consultation, and implementing training to improve federal-tribal relations. A one-pager for the bill is available here.

Through issuance of Executive Order 13175, President Bill Clinton previously established procedures for conducting tribal consultation and coordination when federal agencies implement policies that have tribal impacts. Subsequent Democratic and Republican presidents renewed the Order until President Trump took office. The Trump administration effectively ignored tribal consultation requirements, taking several major federal actions that severely impacted tribes, including the illegal reduction of the Bears Ears and Grand Staircase-Escalante National Monuments and construction of the U.S.-Mexico border wall. Without being written in statute, tribal consultation procedures are subject to the whims and interpretation of each new administration, making it difficult for tribal leaders to provide their input to federal agencies consistently.

In 2019, the U.S. Government Accountability Office released a report examining 21 federal agency procedures for tribal consultation on federal infrastructure projects. The report found significant variability in tribal consultation policies among the agencies when enacting federal infrastructure proposals. As the Biden administration begins implementing provisions of the Bipartisan Infrastructure Law, consistent, adequate tribal consultation procedures are especially critical.

The RESPECT Act currently has 18 cosponsors and is endorsed by numerous tribes and tribal organizations, including the Native American Finance Officers Association, the Tribal Law and Policy Institute, the Global Indigenous Council, the Great Plains Tribal Chairmen’s Association, the National Native American Bar Association, Earthworks, the Self-Governance Communication & Education Tribal Consortium, the United South and Eastern Tribes Sovereignty Protection Fund and the Rocky Mountain Tribal Leaders Council.

Press Contact

Media Contact: Lindsay Gressard

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