History

Since issuing its Policy Statement on Consultation with Indian Tribes in Commission Proceedings in 2003, FERC has worked to address the effects of proposed projects on Tribal rights and resources through consultation under the Commission's trust responsibility and the Commission’s authority under the Commission’s environmental and decisional documents and the following enabling statutes:

• The Federal Power Act;
• The Natural Gas Act;
• The Public Utility Regulatory Policies Act;
• Section 32 of the Public Utility Holding Company Act;
• The Interstate Commerce Act;
• The Outer Continental Shelf Lands Act; and
• Section 106 of the National Historic Preservation Act. 

In issuing the 2003 Policy Statement, FERC established the Office of Tribal Liaison to assist in educating Commission staff about Tribal governments and cultures and in educating Tribes about the Commission's various statutory functions and programs. The Tribal liaison acts as a guide for Tribes in Commission processes and works to ensure that consultation requirements are met. FERC updated the Policy Statement in 2019.

FERC established its Gas Tribal Coordinator in 2016, a position within the Office of Energy Project’s natural gas program, to facilitate communication among project sponsors, Tribes and the Commission.  The Coordinator assists Commission staff in working with federally recognized Tribes and ensuring Tribal engagement in natural gas proceedings.  The Coordinator communicates with Federal, state and local agencies and can provide Tribes with general information regarding Commission processes and engagement issues. 

In 2023, FERC formally established the State, International and Tribal Affairs Division (SITA) within the Office of External Affairs to provide information to Tribal governments and their leaders on Commission programs and activities through outreach materials, responses to inquiries and attendance at conferences. SITA coordinates government-to-government discussions, and conducts information and demonstration sessions, diplomatic in-person engagements, conferences and workshops.

Also in 2021, FERC established the Office of Public Participation to engage with the public and individual Tribal members through direct outreach and education to facilitate greater understanding of Commission processes and to solicit broader participation in matters before the Commission.  OPP staff provide process information on individual proceedings and respond to requests for technical assistance.