SBA’s New Tribal Consultation Policy of 2022–Trying to be Inclusive?

By: Christine V Williams on 01/31/2022

As most folks know, the federal government mandates that tribal consultations are held when Alaska Native Corporations and Federally Recognized Tribes participate in a federal program in an effort to be inclusive and fulfill the government’s fiduciary duty to indigenous people belonging to these groups.  This has been mandated by Executive Orders from Presidents and Statutes passed by Congress through the years.  The general gist is to fulfill a fiduciary duty and inherent promises made by the Federal Government to the indigenous Native American/Alaska Native populations of these groups.  SBA, in its most recent tribal consultation policy, seems to be trying to meet these goals although, it appears, somewhat inconsistently–with a general first read through.  It is an interesting read; especially considering the recent U.S. Supreme Court case that mandated Native American and Alaska Natives are given the same status unless distinguished otherwise by Congress.     SBA Tribal Consultation Policy 2022