presentation outline - falmouth web viewapplies knowledge of the historical trust relationship...

Tribal Consultation Training Program Outline

The DOI Tribal Consultation team has reviewed the outline from Falmouth Institute and made comments throughout the document. We want to stress that this course is an awareness course and not everyone who attends this training will participate in an actual tribal consultation. The challenge is to manage the level of detail presented in the f2f portion of the training. People will have taken the pre-requisite training and should come with a foundational knowledge which will save valuable classroom time. The course should be 2 -days maximum. If it is any longer, people will not attend. We noticed that the competency cluster definitions were omitted in the outline and instead, each competency was included with specific learning objectives. We feel that it is not as important to train to each specific competency as it is to understand the definition and how the specific competencies contribute to achieving the goal as outlined in the definition.

This outline is provided so you can see the relationship between Objectives, Enabling Objectives and the presentation or class activities. All times are based on estimated minimums for covering all the content included. This outline assumes 3 days of training and 7 hours of instruction each day. As is, the time exceeds the 21 contact hours allotted by 3 hours. We envision that some exercises will be designated as optional and utilized at the instructor’s discretion based on time available. At DOI’s discretion, some sections may also be removed or pared down.

Please note that objectives have been ordered to match the flow of the presentation. Areas that are highlighted are areas where we would like to request more input or clarification.

Competency Cluster Estimated Time

Greetings, Ice breaker, introductions 30 mins.

1 Legal and Technical Aspects of Consultation 4 hrs.45 mins.

1.a Applies knowledge of the historical trust relationship between Federal government and the Tribes in the Consultation process 1 hour

1.b Understand government treaty obligations 30 mins.

1.c Demonstrates knowledge of Federal Indian laws and policies and their effect within tribal nations and communities 30 mins.

1.d Quickly learns and applies knowledge of Indian history/culture, protocols and physical and social tribal structures 30 mins.

1.e Models and understanding of the role, purpose and stages of the consultation process 30 mins.

1.f Understands and uses key concepts and terms unique to tribal consultation 15 mins.

1.g Demonstrates knowledge of and respect for the various governmental and tribal roles 30 mins.

1.h Demonstrates knowledge of Federal-Tribal consultation policies 45 mins.1.i Communicates a clear understanding of the issues 15 mins.2 Intercultural Communications 3 hrs.

1Tribal Consultation Training Program Outline

Version 1, October 17, 2014

2.a Recognizes the significance and impact of non-verbal communication in intercultural context 1 hour

2.b Models respect for tribal confidentiality and protection of sensitive information in intercultural communications 30 mins.

2.c Demonstrates respect for others through language and actionTribal nations and communities

45 mins.

2.d Incorporates knowledge of tribal history and historical perspective into context of consultation 15 mins.

2.e Promotes positive communications and decision-making in intercultural context by effectively acknowledging the social and cultural norms of

30 mins.

3 Building Relationships 2 hrs. 30 mins.

3.a Quickly grasps and acknowledges stated and unstated meanings and affect in communication with parties 30 mins.

3.b Practices active listening to clearly articulate and respond to respective parties 45 mins.

3.c Shows an interest in what others have to say, acknowledges their perspective and ideas

Covered in 3.b

3.d Strives to reach consensus by finding potential areas of buy-in for all parties 30 minutes

3.e Identifies common ground/shared goals to develop a positive and productive relationship

Covered in 3.d

3.f Treats individuals with dignity and respect by upholding and demonstrating high standards of personal ethics and professional conduct 30 mins.

3.g Recognizes the impact of historical events on the relationship with tribes Covered inCluster 2

4 Effective Consultation Practices 3 hrs. 45 mins

4.a Manages and resolves conflict, resistance and disagreements in a constructive manner using a variety of techniques 1 hour

4.b Analyzes problems by identifying alternative courses of action and evaluating pros and cons 1 hr

4. c Demonstrates flexibility or effectively explains obstacles and boundaries to flexibility in delivering points of view

Covered with 4.b

4.dCommunicates honestly, thoughtfully and respectfully with other members in the consultation to promote an open and constructive environment

1 hr.

4.e Effectively explains his/her position and desired outcome with a focus on willingness to find mutual agreement

Covered with 4.d

4.f Recognizes the influence of regional and cultural difference on the objectives and outcomes of the consultation 45 mins.

4.gPractices strong oral communications skills by using active listening skills such as asking thoughtful questions, restating for improved understanding and asserting appropriately

Covered in Cluster 3

5 Interest-Based Consultation Practices 2 hrs 30 mins



5.a Works to find underlying uniqueness or similarities in interests and concerns 45 mins.

5.b Ability to take calculated risks to open up possibilities to different outcomes 30 mins

5.cKnows and understands the difference between position-based and interest-based consultation and is able to move effectively from one to the other

30 mins.

5.d Considers multiple options to find workable solutions that maximize benefits for both parties’ interest 45 mins

5.e Formulates mutually acceptable solutions by using information, communication and “outside-the-institutional-box” thinking

Covered with 5.d

5.f Uses creative innovative thinking to find options and solutions based on the interests of both parties

Covered with 5.d

6 Decision-Making 3 hours6.a Understands the Federal Indian trust responsibility 30 mins.6.b Keeps up to date on Federal policies and laws affecting Tribes 30 mins.

6.c Demonstrates knowledge of legal precedence and uses it as the basis for decisions 45 mins.

6.d Assesses the impact and implications of the decisions on Federal government and the Tribes 45 mins.

6.e Considers all information presented in the consultation in the decision-making process 15 mins.

6.f Works towards solutions that balance the Indian trust responsibility with other Federal legal obligations 15 mins.

7 Facilitation Skills 4 hrs7.a Selects clear methods and processes that foster open participation 30 mins

The Following objectives will be covered as one final exercise that will be the culmination of everything learned during the previous days of training. It will take approximately 2.5 to 3.5 hours

7.b Demonstrates effective participatory and interpersonal communication skills

7.c Effectively manages group conflict and group dynamics7.c Guides the consultation to appropriate and useful outcomes7.d Knows when to lead the conversation and when to let if evolve7.e Values and supports diversity to foster inclusiveness

7.f Uses summarizing, paraphrasing and perception –checking appropriately to very understanding and prevent miscommunication

Total Estimated Total Time

Note: can be pared down by making some activities optional and/or by removing parts that are not priorities

24 hours



Competency Cluster 1: Legal and Technical Aspects of Tribal Consultation

Estimated minimum time for this cluster as is: 4 hrs. 45 mins.

At the end of instruction on this cluster participants will be able to:

A. Apply knowledge of the historical trust relationship between the Federal government and the Tribes in the consultation process. (1 hour)

B. Demonstrate an understanding of the Government treaty obligations. (30 mins.)C. Demonstrate knowledge of Federal Indian laws and policies and their effect within tribal

nations and communities. (30 mins.)D. Demonstrate the ability to apply knowledge of Indian history/culture, protocols, and physical

and social tribal structures. (30 mins.)E. Model an understanding of the role, purpose, and stages of the consultation process (30

mins.) F. Understand and use key concepts and terms unique to tribal consultation (15 mins.)

a. Clarification requested: are there other key terms or concepts besides those we included that you would like? TRUST RESPONSIBILITY: Include specifics on DOI trust responsibility which is found in the DOI policy. People need to understand that tribal trust resources are set aside for Tribes. All feds have responsibility to tribal trust. Stress that trust responsibility includes trust responsibility for resources. Trust responsibility if the umbrella and we need to protect all interests.

G. Demonstrate knowledge of and respect for the various governmental and tribal roles associated with tribal consultation (30 mins.)

a. Clarification requested: is this referring to the overall role of tribal and federal governments or to specific individuals? Refers to the overall role of tribal and federal governments

H. Demonstrate knowledge of Federal-Tribal consultation policies (45 mins.)I. Participant will communicate a clear understanding of the issues (15 mins.)

Presentation OutlineFederal Indian Law and PolicyMost of what is outlined here is covered in the pre-requisite training. Since people already have this information from the pre-requisite training, this section could be summary of the key points people need to remember. This would save us valuable time. Some the exercises are good and they would be very effective to include in the training to bring out key points. 1. Welcome, introductions, housekeeping, ice breaker2. Begin objective 1A: Apply knowledge of the historical trust relationship between the Federal

government and the Tribes in the consultation process. (1 hour). Sovereign Indian nations deal with European colonist – government-to-government

3. Relations with newly formed U.S. government



a. Constitution and the power to form treaties with tribes continues government-to-government relations

b. Trade and Intercourse Acts4. Supreme Court Shapes Indian Policy –Trustee relationship defined

a. Johnson v. McIntosh b. Cherokee v. Georgiac. Worcester v. Georgia

5. The Government as a Trusteea. Indian Removal Actb. Purchase of Alaska and impact on Native populationc. The end of treaties with tribesd. Court of Indian Offensese. Crow Dog Casef. Allotment Period and its impact on tribesg. Alaska Native Allotment Acth. Alaska Town Site Acti. Reorganization Act and its impact on tribesj. Alaska Native Reorganization Actk. Termination and Relocation and its impact on tribesl. Indian Self-Determination Actm. Alaska Native Claims Settlement Actn. Self -Governanceo. Government-to-government relationship affirmed p. Exercise 1: Given a timeline template (Handout 1) participants will fil it in with important

historical events leading to the present state of Federal-Tribal relationships. The template will include blank spaces to be filled in later by the participant as he or she works with an individual tribe and identifies historical events that are important to the tribe and should be taken into account in dealing with them. After this exercise is completed, the participant will engage in a group discussion on what the trust relationship means in terms of the roles and duties of Federal representatives. Keep the exercise to bring out key points.

6. Begin Objective 1B: Demonstrate an understanding of the Government treaty obligations. (30 minutes).Treaties

a. U.S. treaties with Indian tribesi. Tribes ceded land

ii. Tribes retained certain rightsiii. U.S. promised certain services

b. Elements of law derived from treatiesi. Trust relationship

ii. Sovereigntyiii. Reserved rights



iv. Canons of constructionv. Congress’ plenary power

vi. Permanence of treaty rightsvii. Treaty rights and tribal members

c. Class Discussion: A guided full-class discussion in which the participant will identify key reasons why treaty obligations are so important, including moral obligations, legal obligations, and the fact that Tribes paid a heavy price for the rights and resources that treaties grant them.

7. Begin Objective 1C: Demonstrate knowledge of Federal Indian laws and policies and their effect within tribal nations and communities. (30 mins.)Current Policies and Impact on Tribes

a. Clarification requested: Need assistance in determining what should be covered We currently operate under a self-determination policy (Indian Self-Determination and Education Assistance Act, as Amended) where we encourage tribes to manage according to tribal vision – Public Law 93-638.

b. Class Discussion: A guided full class discussion on the effect of federal policies on tribes, including the outcomes for different tribes from a tribal perspective. The participant will be guided to highlight how different tribes have been differentially impacted, what some of the unintended consequences were, and positive and negative impacts of the laws and policies.

i. Include the Dawes Act. The impact of the Dawes Act is that we now buy back “fractionated” land and return it to tribes as part of the Cobell lawsuit. This is a recent and good example of damaging policies of the past that we are still dealing with. A good visual is to use a map to show the impact of the Dawes Act over time. The land mass shrinks dramatically as a result of the federal government’s policy.

ii. The Termination Era resulted in many tribes losing their land base – example is the Klamath Tribes’ lands that re now the Klamath National Wildlife Refuge and a National Forest. The Tribe is left with a few hundred acres. This is only one example of the negative impact form termination policy.

Structure and Function of Tribal Governments

8. Begin Objective 1D: Demonstrate the ability to apply knowledge of Indian history/culture, protocols, and political, physical and social tribal structures. (20 mins.) What’s So Special about an Indian Tribe – recap of key points from previous section and discussion of Morton v. Mancari affirming Indian preference. Move Morton vs. Mancari to #11. There is new litigation in the DC courts –AFLCIO-American Federation of Teachers vs. Kempthorne. Leave out this discussion. Don’t use the word “special”…instead use the unique political status of Tribes. “Special” implies special rights. Only use the word special if you plan on using it in a way that leads to the understanding that Tribes already had every right that any sovereign might possess and the Tribes only gave us those rights that were specifically ceded in Treaties.



Need to give a definition of Tribe and then a definition of Tribal government…people need the basics of Tribal government before moving too far into the course content.

a. Right to Self-Governmentb. Trust Relationship with the Federal Governmentc. Both Tribal self-governance and U.S. trust obligation weakened by having non-Indians in

charge. This statement is confusing. Are we saying that Indians should be in charge of fulfilling the US Trust obligation? Does this mean the U.S. Government needs to be 100% tribal or just 100% of BIA and Assistant Secretary Indian Affairs? Turning a negative statement into a positive …The point should be that self- governance is strengthened when more Indians are in a position to influence government decision-making.

9. Cultural Aspects of a Tribea. Raceb. Religionc. Languaged. Traditionse. Historical Experiencef. Valuesg. Sacred Places – special and unique spiritual meaning to Tribes. May be a different

perspective than for feds. h. Land basei. Amount and diversityj. Of access to natural and cultural resources. Alaska Native Villages have no land base and

thus have little control over the management of natural resources important to their survival. In the lower 48, tribes can actually implement water quality standards that are enforced on everyone upstream. The lack of trust lands is damaging to Native Alaskan culture.

10. Political Aspects of a Tribea. Political vs. Cultural Entityb. Peoplec. Territoryd. Governmente. Sovereignty

11. Structure of Tribal Governmenta. Indian Reorganization Act and influence on structure of modern tribal governmentsb. Tribal Constitutionsc. Separation of Powersd. Role of Chairmane. Tribal Courtsf. Structure of Legislatureg. Tribal Councilh. Business Councils i. Tribal Electionsj. Organizational structure of Tribal governments – including IRA and traditional governmentsk. Membership criteria – governments getting away from only using blood percentages.

12. Exercise 2: Participants will be assigned a Tribe and given a blank worksheet (Handout 2), access to a smart phone or internet-enabled computer, and 20 minutes in which to research and record as much information about the Tribe’s history, culture, protocols, and physical and social tribal



structure as they can based on specific categories of information called for in the worksheet. (Debrief: the facilitator will ask for participants to share what they discovered and where/how they got the information. Did anyone call the Tribe and ask for info? If yes, make a big deal out of what a good idea that was. If not, ask if anyone thought to call the Tribe, and point out that the best way to get info is to ask (in a respectful way). Point out that asking also shows interest and is a good step towards relationship building.) Do in Learning Teams. Pick Tribes with very robust online sites and some with very sparse sites. Use small, medium and large Tribes. Then can compare and contrast the ability to access what could be critical information on the Tribes.

Tribal Consultation13. Begin Objective 1E: Model an understanding of the role, purpose, and stages of the consultation

process (30 mins.) Need to cite Executive orders and DOI policy here.History and legal background on Tribal consultation

a. Dates back to creation of treatiesb. More recently result from Executive Ordersc. Class Exercise 3: Need clarity on the exercise. Given brief instruction by the facilitator and a

worksheet, the participant will come up with a statement that defines the role and purpose of consultation. Following a group discussion where volunteers share their statements with the whole class, and with the guidance of the facilitator, the participant, together with the rest of the class, will combine and refine the statements into one statement the class can agree on.

14. Begin objective 1F: Understand and use key concepts and terms unique to tribal consultation (15 mins.) Definitions

a. Consultation b. Government-to-governmentc. Department action with tribal implicationsd. Collaboratione. Consultation policiesf. Indian Tribe or Tribeg. Tribal Governance Officerh. Tribal Liaisoni. Tribal Officialj. Treatiesk. Tribal Trust Responsibilityl. Tribal Trust Landsm. Tribal Trust Resources – FWS and other Agencies use the term “trust resources” to “trust

species” to show the public trust to protect resources/species for the good of the public. This could be confusing if not clarified – Tribal Trust vs. Public Trust. Include Treaty established rights. Also must understand that Tribal resources aren’t always on Tribal land.



n. Public Lands (for comparison with Tribal Trust Lands). With whom do you consult? When is the public consulted on actions on Tribal Land?

15. Conceptsa. With whom do you consult?b. When is consultation necessary?c. Contexts for Tribal consultations.

16. Exercise 4: Like this exercise. After a facilitator-led presentation on key terms and concepts unique to tribal consultation participants will play a “Jeopardy” game designed to test their knowledge on those terms. A facilitator-led debrief will guide the participants in identifying key terms, provide context for important concepts, and create sample scenarios where they would use the term or concept and explain how they would do so appropriately.

17. Begin objective 1G: Demonstrate knowledge of and respect for the various governmental and tribal roles associated with tribal consultation (30 mins.) Roles in tribal consultation

a. Understanding your agency mission/policies and how they may impact the tribeb. Understanding the Tribal perspectivec. The role of the Bureau of Indian Affairs – BIA’s mission and role is exclusive to fulfilling the

government’s trust responsibility. BIA is basically a “Tribal Trust Resource”. BIA resources are tribal trust resources since all of BIA resources are aimed at fulfilling a tribal trust.

d. DOI Bureaus - All DOI bureaus have some responsibility to Tribal Trust. Each bureau has unique responsibility – point out the responsibilities that each bureau has. Give 1-2 examples per bureau i.e. FWS, NPS, OSM, BOR, etc.

e. Exercise 5: Delete this exercise. As an alternative exercise, we suggest: Put class into Learning Teams with “like” bureaus together if possible. Ask: What is your bureau’s mission and how does that impact Tribal Consultation? When do you need to consult? Can use a case study and then ask the questions When? Where? Why? Who? Have each learning team report out their answers. Given a roles worksheet and an assigned example of a player in the consultation process, the participant, together in a small group of approximately 4, will develop a “job description” for the assigned player, including what their role is and what their responsibilities are. After each group has come up with a description and shared it with the full class, the participant, with the guidance of the facilitator and fellow students, will help tweak the descriptions of each role as needed.

18. Continuation of Objective 1E: Model an understanding of the role, purpose, and stages of the consultation; (45 minutes for this and the following objective)Begin Objective 1H: Demonstrate knowledge of Federal-Tribal consultation policies; and Department of Interior Consultation Guidelines

Analysis of the Tribal Consultation – How to determine whether consultation should occur? Who has responsibility for making the determination? What is a meeting and what is a consultation?



a. Initiating Consultationb. Role of the TGO and TLOc. Response to Request for Consultationd. Consultation Process Supporte. Stages of Consultation EO 13175 stresses that Tribes should be notified at the earliest

possible stages of whatever issue might impact tribal governance or resources. So, early notification should be stressed here. Much of what we do is court ordered or on some kind of timeline and taking time to plan before notification leaves a Tribe less time to take action. A rightful Tribal complaint is that they are often not contacted until the planning alternatives are already developed and you have to choose alternative a, b, or c. Tribes want to be included at the onset when they would help develop the alternatives.

i. Planning Stageii. Proposal Development Stage

iii. Implementation of Final Federal Action Stage Stress that this is an on-going processiv. Exercise 6: Given a facilitator-led presentation on activities associated with the

three stages of the consultation process and a written description of these activities printed out in random order on a worksheet the participant, together with the full class, will work together to group the activities into stages and order them correctly. Must include teaching point of on-going process in the exercise.

f. Exercise 7: OMITGiven a printed copy of the DOI Tribal Consultation Policy, the participant will, in a group of approximately 4, decide 1) the most important thing overall about the policy 2) if they were building a training program around tribal consultations, what would the essential parts of the policy be that participants would need to know? Following small group work, the participant will engage in a full-class discussion where all the groups present their ideas and the facilitator provides expertise and guidance.

g. Exercise 8: OMIT Given a brief instructor-led presentation on the different Federal-Tribal consultation policies one may need to be aware of depending on their agency and suggestions on how to find these policies and access to a smart phone or internet-enabled computer, the participant will make a list of which policies s/he personally needs to know.

Mention that every agency had to develop consultation policy but we don’t need an exercise. But focus on the bureau “policies” and guidance they issue.

19. Begin Objective 1I: Participant will communicate a clear understanding of the issues Recap of Competency Cluster 1. (15 mins)Class Discussion: Given a brief facilitator-led wrap-up of Competency Cluster 1, and paired group work, the participant, together with a classmate, will 1) decide on what they think the most important thing learning was from Competency Cluster 1 ; and 2) explain to the class why it was so important, and what implications it will have for them in the work they do.

Competency Cluster 2: Intercultural Communications



Estimated minimum time for this cluster as is: 3 hrs.

At the end of instruction on this Cluster particpants will be able to:

A. Recognize the significance and impact of non-verbal communication styles in intercultural contexts (1 hour)

B. Model respect for tribal confidentiality and protection of sensitive information in intercultural communications (30 mins.)

C. Demonstrate the respect of others through language and action (45 mins.)D. Incorporate knowledge of tribal history and historical perspective into the context of

consultation (15 mins.)E. Promote positive communications and decision-making in intercultural contexts by

effectively acknowledging the social cultures and norms of Tribal nations and communities (30 mins.)

Presentation Outline1. Begin Objective 2A: Recognize the significance and impact of non-verbal communication styles

in intercultural contexts (1 hour). What is Culture? Can do a compare and contrast when talking about “a” and “b”.

a. Awareness of your world view, including norms and valuesb. Native American world viewc. High-context cultures v. low-context culturesd. Exercise 1: Given a brief facilitator-led presentation on Hall’s theory of High-Context and

Low-Context Cultures, a self-assessment to discover where they fall on the culture spectrum, and a full-class discussion, the participant will identify specific ways in which their cultural orientation may influence their perceptions of, and their interactions with, those who fall on other parts of the spectrum.

e. There are 566 Federally Recognized Tribes, each of them with unique history and culture. This, there are 566 ways to be “Tribal”. An Alaskan Tribe may enter a room with their back to you because their “clan” history is shown on the back of their clothing. Other tribes may see this as rude.

2. Verbal and Non-verbal Communications - Replace this title with “Communicating to Build Trust and Relationships”

Cross cultural communication Foundation Skills Non-verbal communication Listening for understanding Power of apology Questioning respectfully and thoughtfully Using productive non-judgmental language



a. Appropriate wait times between talkingb. Eye contactc. Humord. Meaning of silencee. Conflictf. Gender and age dynamics Keepg. Confidentiality – Limited in what we can protect. In a Freedom of Information Act

(FOIA) request, it’s hard to protect Tribal information. We would like to honor confidentiality but we are limited by law. For nore guidnance, talk to your Solicitor.

h. Exercise 2: Restructure exercise to focus on bullet points Given a facilitator-led presentation on cultural differences in verbal and non-verbal communication styles, including cultural differences in: appropriate wait times between talking, eye contact, humor, what silence means, approaches to conflict, which topics are approriate to discuss, and gender and age dynamics; scenarios where body language could be misinterpreted; and a group discussion on what has worked well and poorly in students’ own experiences, the participant will work collaboratively with classmated to generate a list of best practices for verbal and non-verbal communication.

3. Begin Objective 2B: Model respect for tribal confidentiality and protection of sensitive information in intercultural communications (30 mins.) Confidential Tribal Information

Class Discussion: Topic will be covered in a facilitator-led group discussion on why tribal confidentiality and protection of sensitive information is important (with key points to include importance of trust- and relationship-building and examples of consequences to Tribes and to Federal government of misuse of information). The participant will, together with the full class and the guidance of the facilitator, generate a list of the kind of information that Tribes may consider to be confidential/sensitive, including topics that may surprise outsiders. The participant will identify reasons why respecting religious privacy is especially important, and, with the guidance of the facilitator, wil generate ideas for how to best approach religious topics when religious discussions may be taboo.

4. Begin Objective 2C: Demonstrate the respect of others through language and action (45 mins.)Exercise 3: Best Practices -- Given a group discussion on students’ successes and failures with Tribes in real life, the participant, together with the full class, will help generate a list of best practices for demonstrating respect in their interactions with Tribes and their affiliates through language and action. Good

5. Begin Objective 2D: Incorporate knowledge of tribal history and historical perspective into the context of consultation (15 mins.)

Exercise 4: Given access to the internet and a blank “Resources” worksheet, the participant will identify at least 3 resources s/he can turn to after class to research the history of a specific assigned Tribe. The participant will identify 1 or more historical events that occurred in the Federal government’s dealings with the assigned Tribe that



may influence present-day relations with the Tribe, and how it may influence them. (This will have been addressed in more depth in Competency Cluster 1) See Cluster 1 comments on the exercise

6. Begin Objective 2E: Promote positive communications and decision-making in intercultural contexts by effectively acknowledging the social cultures and norms of Tribal nations and communities (30 mins.) Exercise 5: Role Playing -- Given a specific scenario and using information gathered in Exercise 4 above, participants will role-play, modeling respectful communication and respect for culture through language and action. Facilitator will offer feedback on what worked well and what did not. Suggestion: Use positive modeling. Bring in a Tribal representative and a government employee to model this. Let the “experts” do the role play so the class can see what it looks like. The ask them about their key “take-aways”.



Competency Cluster 3: Building Relationships


At the end of instruction on this competency cluster participants will be able to:

A. Grasp and acknowledge stated and unstated meanings and affect in communication with parties (30 mins.)

B. Practice active listening to clearly articulate and respond to respective parties (45 mins.to cover this objective and the one below)

C. Show an interest in what others have to say; acknowledge their perspectives and ideasD. Demonstrate an ability to reach consensus by finding potential areas of buy-in for all parties

(45 mines. to cover this objective and the one below) Could use assistance for this and objective below if you have any good examples we could incorporate Potential example would be the court cases in Great Lakes and Pacific NW that upheld tribal subsistence treaty rights to “off-reservation” resources (millions of acres). The judge ordered the States to accept tribal authority and that all parties work it out. GLIFWC, CORA, 1854 Treaty Authority, NWIFC, and CRITFC are all examples of intertribal organizations that work with the individual tribes and States and sometimes Canada through participation in Pacific Salmon Treaty. It’s tribal co-management with the States. What started as very contentious between State and Tribal management authorities has now grown into a great working relationship (at least in the Great Lakes). I’m not so certain it’s as friendly in the Pacific NW.

E. Identify common ground/shared goals to develop a positive and productive relationship. Common ground was that everyone wanted more fish and healthy, functioning ecosystems. State had to get over the fear that Tribes would net or spear the fish into extinction. Now there is the realization that tribes are very successful in protecting and managing the resource. Can use the video footage from “Lighting the 7th Fire”.

F. Treat individuals with dignity and respect by upholding and demonstrating high standards of personal ethics and professional conduct Clarification requested: Need assistance in determining if there are specific standards for ethical and professional conduct from DOI (30 mins.) There are fiduciary standards/conflict of interest standards. What happens if Tribes give gifts? What do we do? What options do we have?

G. Recognize the impact of historical events on the relationship with the Tribes (covered in Competency Cluster 2 )

Presentation Outline1. Begin Objective 3A: Grasp and acknowledge stated and unstated meanings and affect in

communication with parties (30 mins.) Communicating with others

a. What is communication Communication: Absorb it into pg. 12. Focus here could be Relationship building – how do you build relationships when there’s turnover? How do you start a new relationship when players change as a result of tribal elections?



b. Overcoming barriers to communicationi. Eliminating external interference

ii. Reassure speaker that you are listeningiii. Being tolerant of language or cultural differencesiv. Pay close attention to detail in written communication

c. Cultural communication patternsi. Stated and unstated meanings

ii. Body languageiii. Meaning of silence

d. Exercise 1: Participants will review scenarios to identify instances where there were miscommunications or where deeper meaning may have been intended than what the surface communications may have indicated.

2. Begin Objective 3B: Practice active listening to clearly articulate and respond to respective parties (45 mins.to cover this objective and the one below); and Begin Objective 3C: Show an interest in what others have to say; acknowledge their perspectives and ideas Active Listening Skills

a. Culturally appropriate listening techniquesb. Developing active listening skillsc. Restating for improved understandingd. Listening Attitudes and Behaviors – A Checklist

Include: What to anticipate when dealing with Tribal people Don’t interrupt an elder Flexibility on time Getting to understand that “our way is not the only way”

e. Exercise 2: Practice active listening skills – Participants will work in pairs. Given a scenario to that will generate discussion, the participants will practice active listening skills and assess each other’s technique.

3. Begin Objective 3D: Demonstrate and ability to reach consensus by finding potential areas of buy-in for all parties (45 mins.to cover this objective and the one below); and Begin objective 3E: Identify common ground/shared goals to develop a positive and productive relationship Building a Consensus

a. Finding common groundb. Identifying areas for buy-inc. Case studies and best practices – Instructor will lead participants in a discussion of real-

life examples in which it seemed like it would be impossible to build consensus but consensus was reached and information about what their solutions were (including finding potential areas of buy-in for all parties and identifying common ground/shared goals). Good



d. Exercise 3: Participant will be given different hypothetical scenarios and in a small team, of about 4, will find potential solutions for difficult scenarios by finding 1) potential areas of buy-in for all parties; and 2) common ground and shared goals Could move this to Cluster 5 where you bring in Interest vs. position. Is the goal of the exercise how to reach consensus?

4. Begin Objective 3F: Treats individuals with dignity and respect by upholding and demonstrating high standards of personal ethics and professional conduct (30 min)The importance of personal ethics and professional conduct in showing respect for others.

a. Review of Departmental ethics and standards of conduct – What are the behaviors that instill dignity and respect? What should people be doing? What are the highest integrity and ethics for long term trust.

b. Role they play in tribal consultation processc. Class Discussion: A guided brainstorming session in which the participant will generate

ideas for how s/he can concretely demonstrate high standards of personal ethics and professional conduct in his or her role as a Federal representative.



Competency Cluster 4: Effective Consultation Practices

Estimated minimum time for this cluster as is: 3 hrs. 45mins. Left out the goal. Left out the definition.

After instruction on this competency cluster, participants will be able to:

A. Manage and resolve conflicts, resistance and disagreements in a constructive manner using a variety of techniques (1 hour)

B. Analyze problems by identifying alternative courses of action and evaluating their pros and cons (1 hr. to cover this one and the one below)

C. Demonstrate flexibility or effectively explain obstacles and boundaries to flexability in delivering points of view

D. Communicate honestly, thoughtfully, and respectfully with other members in the consultation to promote an open and constructive environment (1 hr. to cover this one and the one below )

E. Effectively explain his/her position and desired outcome with a focus on willingness to find mutual agreement

F. Recognize the influence of regional cultural differences on the objectives and outcomes of the consultation (45 mins.) Already did this

G. Practice strong oral communication skills by using active listening skills, such as asking thoughtful questions, restating for improved understanding, and asserting appropriately (covered in Cluster 3) Already did this

Presentation Outline Need definition as coalescing goal.1. Begin Objective 4A: Manage and resolve conflicts, resistance and disagreements in a

constructive manner using a variety of techniques (1 hour) Suggest moving conflict to later in this cluster. Message is you will probably encounter conflict so here is how you handle it. Conflict Management

a. Cultural differences in conflict stylesb. Conflict Management & Problem Solving

i. What is conflictii. The upside of conflict

iii. Three types of healthy solutionsiv. Stages of healthy conflict resolution

1. Identify problem2. Generate possible solutions3. Evaluate the alternative solutions4. Decide on the best solutions5. Implement the solution6. Follow up and evaluate

v. Dealing with emotions



vi. Listening respectfullyc. Exercise 1: Role play conflict resolution -- Participation in role play scenarios with

facilitator feedback, will practice using these techniques to manage and resolve conflicts.

2. Begin Objective 4B: Analyze problems by identifying alternative courses of action and evaluating their pros and cons (1 hr. total for this objective and the one below.); andBegin Objective 4C: Demonstrate flexibility or effectively explain obstacles and boundaries to flexibility in delivering points of view Problem Solving

a. Identifying the problemb. Weighing possible solutionsc. Implementing a solutiond. Evaluating outcome

3. Flexibilitya. Pros and cons of being flexible Key point is EO 13175 and Secretarial Order 3206 gives

direction that, when possible, we should allow tribes to develop their own plans that accomplish the purpose. Through self-determination, we should offer technical assistance but allow tribes to achieve the goal in their own way whenever possible.

b. Identifying when the situation allows for flexibilityc. When flexibility is not advisabled. Examples – could use help with these if there are any real-life ones you know of Bureau

of Reclamation (BOR) water releases timed with tribal ceremonial events, NPS voluntary closure on rock climbing at important tribal ceremonial site during ceremony, BOR closing an arm of a lake during tribal ceremony, Forest Service (FS) allowing tribal gathering of plants on FS lands.

e. Class Discussion: Using sample scenarios, the class will discuss ways they may be able to analyze and solve problems, including ways they could provide flexibility. For areas where flexibility is not possible, the facilitator will guide the discussion to ways the news can be delivered.

4. Begin Objective 4D: Communicate honestly, thoughtfully, and respectfully with other members in the consultation to promote an open and constructive environment (1 hr. to cover this objective and the one below); andBegin Objective 4E: Effectively explain his/her position and desired outcome with a focus on willingness to find mutual agreement Communicating honestly, thoughtfully and respectfully during the consultation process

a. Choosing the form of communicationb. Explain your position and desired outcome with a focus on willingness to find mutual

agreement c. Listening without interruptingd. Asking vs. tellinge. Avoiding paternalism or condescension



f. Use of humorg. What your attire saysh. Be yourselfi. When to lead the conversation and when to let evolvej. Class Discussion: Given a facilitator-led group discussion on what honest, thoughtful,

and respectful communication entails, the participant will share stories of communication efforts that went well with Tribal partners as well as instances where theTribe did not perceive the Federal government as communicating in a respectful, honest, and thoughtful manner, and what the results were in each case. The particpant will then identify underlying priciples and make recommendations for how to put these principles into practice when consulting with Tribes.

5. Begin Objective 4F: Recognize the influence of regional cultural differences on the objectives and outcomes of the consultation (45 mins.)Regional and Cultural Differences

a. How politics and history may impact the consultation processb. How tribal culture may impact a meeting

i. Prayerii. Meeting time Scheduling is critical. Must be cognizant of Feast days,

Ceremonial Days and avoid scheduling on those days or you won’t get people key people to attend.

iii. Meeting protocoliv. Subsistence hunting and fishingv. Elders/Clan Mothers/Spiritual Leaders

Exercise: Given real-life examples illustrating the influence of regional cultural differences on the objectives and outcomes of the consultation; a sample problem; and the use of a smart phone or internet-enabled computer, the participant will propose steps for approaching a sample problem differently in 3 different regions, including Alaska.



Competency Cluster 5: Interest-Based Consultation


After instruction in this competency cluster particpants will be able to:

A. Work to find underlying uniqueness or similarities in interests and concerns (45 mins.)B. Take calculated risks to open up possibilities to different outcomes (30 mins.)C. Know and understand the difference between position-based and interest-based negotiation

strategies and be able to move effectively from one to the other (30 mins.)D. Consider multiple options to find workable solutions that maximize benefits for both parties’

interests (45 mins. for this and the following 2 objectives)E. Formulate mutually acceptable soultions by using information, communication and “outside

the institutional box” thinkingF. Use creative and innovative thinking to find options and solutions based on the interests of

the parties involved

Presentation Outline1. Begin Objective 5A: Work to find underlying uniqueness or similarities in interests and

concerns (45 mins.) Identifying unifying and dividing issues. Flip a and b. Start with the positive.

a. Where your agency may have differing views from the Tribeb. Where the agency and the Tribe may have common groundc. Class Discussion: Given a brief facilitator-led presentation, example sceanrois, and case

studies, the participant will 1) indentify interests and concerns that interested parties have in given case studies; and 2) identify underlying uniqueness or similarities in these interests and concerns.

2. Begin Objective 5B: Take calculated risks to open up possibilities to different outcomes (30 mins.)Calculated Risk Taking – Define calculated risk taking. What does that mean?

a. Weighing the cost and the benefits of actionsb. Judging the acceptability of the worst-case scenario Should stress not good to mandate

to the Tribes. You may have to give up some of your control. c. Mitigating risk

d. Class Discussion: Given a brief facilitator-led presentation, sample scenarios, and a group discussion, the participant will suggest appropriate risks to take and criteria for determining when a risk is worth it.

3. Begin Objective 5C: Know and understand the difference between position-based and interest-based negotiation strategies and be able to move effectively from one to the other (30 mins.)Position based v. Interest based consultation



a. What is position based consultationi. Adversarial

ii. May be damaging to future relationshipsiii. When is it necessary

b. What is interest-based consultationi. Encourages communication

ii. Looks for solutions that are win-winiii. Values common ground

c. Class Discussion: Given a facilitator-led presentation on the difference between position-based and interest-based negotiation strategies and how to move effectively from one to the other; case studies; and role plays, the participant will identify position-based vs. interest-based negotiation and practice moving from one to the other.

4. Begin Objective 5D: Consider multiple options to find workable solutions that maximize benefits for both parties’ interests (45 mins.for this and the following two objectives); andBegin Objective 5E: Formulate mutually acceptable soultions by using information, communication and “outside the institutional box” thinking; andBegin Objective 5F: Use creative and innovative thinking to find options and solutions based on the interests of the parties involvedHow to get to win-win

a. Listening with an open mindb. Gathering informationc. Seeking mutually acceptable solutions together

i. Brainstorming ideas1. Limit the focus2. Go for quantity, not quality 3. Search for inspiration

ii. Moving outside the box1. Facilitator will note the ways, knowledge gained in previous sections can

assist in thinking outside the box.d. Class Discussion: Given a brief facilitator-led presentation including the types of

information and communication needed to find workable solutions in consultations as well as techniques for thinking “outside the institutional box”; individual work with sample consultation scenarios; and group work with these same scenarios, the participant will generate multiple options for workable solutions that benefit two parties’ interests.



Competency Cluster 6: Decision-Making

Estimated minimum time for this cluster as is: 3 hrs

Following instruction in this cluster, participants will be able to:

A. Understand the Federal Indian Trust responsibility (30 mins.)B. Keep up-to-date on Federal policies and laws affecting Tribes (30 mins.)C. Demonstrate knowledge of legal precedence and use it as the basis for decisions (45 mins.)D. Assess the impact and implications of the decision on the Federal government and the Tribes

(45 mins.)E. Consider all information presented in the consultation in the decision-making process (15

mins.)F. Work towards solutions that balance the Indian Trust responsibility with other Federal

government legal requirements (15 mins.)

Presentation Outline1. Begin Objective 6A: Understand the Federal Indian Trust responsibility (30 mins.)

Federal Trust Responsibilitya. Trust Responsibility definedb. Trust responsibility as defined and refined by the U.S. Supreme Court Use

terminology Trust Resources because what is in i, ii and iii are all part of trust Resources. Breaking it down into the three categories seems to limit what might be considered a trust resource. We are responsible to protect trust resources for the benefit of the tribes. Trust resources can be salmon that swim into the international waters, or the wind that will power the wind turbines for tribal energy development. Trust resources are the trees, plants, minerals, oil, gas on Indian Reservations and off-reservation where specified by Treaty. It’s best to look at it as a concept of “trust resources” rather than limiting it to “mineral leasing”, “water rights” and “wildlife and land preservation”.

i. Trust obligation and mineral leasingii. Trust obligation and water rights

iii. Trust obligation and wildlife and land preservationc. The Cobell Cased. Class Discussion: Given a real-life scenario where an agency’s mission conflicts with the

Tribe’s interest and the federal government’s trust responsibility, the participant will propose the proper balance for weighing those two responsibilities.

2. Begin Objective 6B: Keep up-to-date on Federal policies and laws affecting Tribes (30 mins.) In decision-making you can cite federal policies and laws i.e. Executive Orders, Secretarial Orders.Federal Policies and Laws Affecting Tribes



a. The importance of knowing how policies impact tribesb. Finding the tribe’s perspectivec. Resources for keeping current

i. Thomasii. Federal Register

iii. Roll Calliv. National Congress of American Indiansv. Native American Rights Fund

vi. BIA Websitevii. Indianz.com

viii. Turtle Talkix. Exercise: Too Narrow Given a brief facilitator-led presentation on the

importance of keeping up-to-date on Federal policies and laws affecting Tribes, including suggestions on how to do so, as well as access to a smart phone or internet-enabled computer, the participant will generate a list of resources where they can turn to stay up-to-date on Federal policies and laws affecting Tribes. Include: Current issues i.e court cases.

3. Making Decisions in the Consultation Processa. Begin Objective 6C: Demonstrate knowledge of legal precedence and use it as the

basis for decisions (45 mins.)Using legal precedence in your decision making. Mention executive Orders and Secretarial Orders here. Need to stress that BIA hiring preference is politically based, and likewise, decision-making is politically based when dealing with Federally Recognized Tribes. You can cite the political basis for decision-making and not worry about being fair and equitable when compared to non-tribal since only tribes have SO and EO and the fiduciary responsibility to act in the best interest of the Tribe. The “political basis” gives BIA the flexibility to maximize solutions as BIA safeguards tribal trust resources.

i. Key cases to be aware ofii. Where to find relevant cases

b. Class Exercise: Good. Given a facilitator-led presentation on legal precedence (outlined above), a real-life case study, and access to a smart phone or internet-enabled computer, the participant will research legal precedent in a given case and explain how that precedence should influence decision making, including a comparisson of what the decision actually was in real life and what the participant thinks it should have been, if different.

c. Begin Objective 6D: Assess the impact and implications of the decision on the Federal government and the Tribes (45 mins.)Assessing the Impact of a Decision on the Federal government and the Tribes Exercise: Given a worksheet with a sample scenario and instruction from the facilitator as well as access to a smart phone or internet-enabled computer, the participant will



identify potential impacts and implications of a given decision on the Federal government and on 3 given Tribes (including one from Alaska), placing special emplasis on the way the Tribes may be uniquely impacted. Sample scenario should include how decision-making is influenced by political considerations

d. Begin Objective 6E: Consider all information presented in the consultation in the decision-making process (15 mins.)Considering all information presented in the consultation in the decision-making process . Class Discussion:Using the same case study as above and hypothetical additional factors to be considered, and a facilitator-led group discussion, the participant will suggest how the consideration of different factors should influence the outcome of the decision. Mention the relationshiop between the federal government and Tribes is political in nature.

e. Begin Objective 6F: Work towards solutions that balance the Indian Trust responsibility with other Federal government legal requirements (15 mins.)Working toward a balanced solution. Class Discussion: Using the same case study and a group discussion, the participant will propose ideas for balancing the Indian Trust responsibility with other Federal government legal requirements.



Competency Cluster 7: Facilitation Skills

Estimated minimum time for this cluster as is: 4 hrs

Following instruction on this competency cluster participants will be able to:

A. Select clear methods and processes that foster open participation (30 mins.)B. Demonstrates effective participatory and interpersonal communication skills (This objective

and all the following objectives will be covered in one class exercise of approximately 2.5 to 3.5 hours)

C. Effectively manage group conflict and group dynamics D. Guide the consultation to appropriate and useful outcomes E. Know when to lead the conversation vs. letting it evolve F. Show they value and support diversity to foster inclusiveness G. Use summarizing, paraphrasing and perception checking appropriately to verify understanding

and prevent miscommunication

Presentation Outline1. Begin Objective 7: A Select clear methods and processes that foster open participation (30

mins.)Consultation Process

a. What is protocolb. Considerations when developing protocol

2. Laying the Ground Work for a Consultation Meetinga. Pre-meeting activity

i. Determining meeting participantsii. Determining type of meeting

iii. Determining meeting formativ. Assess the role of third parties

b. Meeting logisticsc. Meeting closured. Post meeting follow upe. Consultation records and reporting

3. Developing Protocol4. Begin Objective 7B: Demonstrates effective participatory and interpersonal communication

skills (This objective and all the following objectives will be covered in one class exercise of approximately 2.5 to 3.5 hours)Begin Objective 7C: Effectively manage group conflict and group dynamics Begin Objective 7D: Guide the consultation to appropriate and useful outcomes Begin Objective 7E: Know when to lead the conversation vs. letting it evolve Begin Objective 7F: Show they value and support diversity to foster inclusiveness



Begin Objective 7G: Use summarizing, paraphrasing and perception checking appropriately to verify understanding and prevent miscommunicationPutting it All Together

a. Class Exercise Part 1: Given reflection on the information presented throughout the course, a complex scenario requiring Tribal consultation on a sensitive or controversial issue, Internet access and information gathered throughout the class, participants will divide into groups of 4 and determine an approach to consultation with the tribe, including laws or regulations that may apply to the situation, background information on the tribe, the approach to setting up a meeting, meeting participants, meeting format and other items. Participants will share information in a guided full class discussion.

b. Class Exercise Part 2: Participants will view and critique a consultation sessions based on the above scenario as it is played out by two to three groups of volunteers (one portraying the Federal Government and one portraying the Tribal government and one optional group portraying a third party). The facilitator will pause the role playing at various points and guide the participants in a discussion/critique of key points, including the management of group conflict, listening skills of the players, the ability of the Federal government to guide the discussion while respecting the perspective of all parties, the ability of the Federal government to guide the consultation to an appropriate outcome. The facilitator will urge the participants to tell what they would have done differently or to come up with a different approach.



presentation outline - falmouth web viewapplies knowledge of the historical trust relationship...

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