Hello everyone!  I am excited to share my first post at the end of nearly three months in my position as the Tribal Federal Consistency Policy and Processes Fellow with the Oregon Coastal Management Program (OCMP) within the Department of Land Conservation and Development (DLCD).  To start, that title is a mouthful, so I’ll pull it apart to explain what exactly I am doing! 

Federal consistency is an authority granted to federally approved Coastal Management Programs (CMPs) pursuant to the Coastal Zone Management Act (CZMA) of 1972. This authority provides CMPs – such as Oregon’s – the ability to review proposed federal activities for consistency with state and local enforceable policies.  These activities include those which will be carried out by a federal agency and those for which a federal agency issues a permit.  During the review, OCMP staff work with the applicant and the network of state (10 agencies) and local government partner agencies (40 jurisdictions) in the coastal zone to determine if the proposed activity is consistent with statewide land use planning goals, state laws, and local land use regulations.  Based on the results of the coordinated review, OCMP staff can concur, concur with conditions, or object to the proposed activity.  Without a concurrence from the OCMP, federal activities cannot move forward. 

My project has the primary goal of creating the policy and processes by which Oregon’s nine federally recognized tribes can meaningfully participate during federal consistency reviews.  Oregon is fairly unique (as compared to most states) in that state agencies are required by executive order and statute to adopt a policy for consultation and communication with the tribes.  DLCD’s existing policy establishes the over-arching goals and commitments that the department and the OCMP must meet.  It is the aim of this project to refine this policy and develop specific – but flexible! – processes and procedures to make the over-arching policy work: to lay out the foundation for a holistic and sustainable Tribal Relations program for the OCMP.   

One of the first steps we took was to formally offer the tribes the opportunity to request consultation on the development of this policy – asking if they want to “consult” on our consultation policy. We have continued to communicate and refine our messaging after that initial offer.  We are lucky to learn a lot about best practices through these exchanges – crossed lines are just a part of life when you’re trying to develop policy and procedures that essentially document a working relationship!  My perspective is that this project (and perhaps myself – I’m not complaining) are serving as the test subject so we can develop robust – and proven – best practices for the eventual Tribal Relations program.  To learn more about tribal interests and engagement, I have been able to correspond with and observe the proceedings of the Legislative Commission on Indian Services, including attending the annual Tribal-State Summit.  I am also able to participate in the state-tribal Cultural Resource Cluster, a forum where agencies and tribes can interact regarding issues that impact cultural resource protection.  We are also fortunate to have an advisor from the Coquille Indian Tribe providing guidance and insight along the way. 

I consider myself lucky to be able sit with – and dedicate my time to – the questions of how and where procedural interventions can be implemented to improve tribal relations practices.  This requires taking a systems-level view of the OCMP and its federal consistency authority.  So, in my first few months I have spent a significant amount of time reading and absorbing information about how the OCMP “works,” what a federal consistency review looks like, how and when network partner agency activities (e.g., permitting, rulemaking, planning, etc.) intersect with OCMP activities, and how and when network partner agencies are engaging with tribes.  This is to better understand how and where tribes are currently being engaged and look for opportunities to improve and/ or better coordinate engagement in the future.  I am excited about the work ahead and looking forward to one day meeting the great people at OCMP in person!