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 action Tribal 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 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 in Cluster 2 4 Effective Consultation Practices 3 hrs. 45 mins 4.a Manages and resolves conflict, resistance and disagreements in a constructive manner 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.d Communicates honestly, thoughtfully and respectfully with 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.g Practices 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.
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: Apply knowledge of the historical trust relationship between the Federal government and the Tribes in the consultation process. (1 hour) Demonstrate an understanding of the Government treaty obligations. (30 mins.) Demonstrate knowledge of Federal Indian laws and policies and their effect within tribal nations and communities. (30 mins.) Demonstrate the ability to knowledge of Indian history/culture, protocols, and physical and social tribal structures. (30 mins.) Model an understanding of the role, purpose, and stages of the consultation process (30 mins.) Understand and use key concepts and terms unique to tribal consultation (15 mins.) 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. Demonstrate knowledge of and respect for the various governmental and tribal roles associated with tribal consultation (30 mins.) 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 Demonstrate knowledge of Federal-Tribal consultation policies (45 mins.) Participant will communicate a clear understanding of the issues (15 mins.) Presentation Outline Federal Indian Law and Policy Most 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. Welcome, introductions, housekeeping, ice breaker 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 Relations with formed U.S. government Constitution and the power to form treaties with tribes continues relations Trade and Intercourse Acts
Supreme Court Shapes Indian Policy –Trustee relationship defined Johnson v. McIntosh Cherokee v. Georgia Worcester v. Georgia The Government as a Trustee Indian Removal Act Purchase of Alaska and impact on Native population The end of treaties with tribes Court of Indian Offenses Crow Dog Case Allotment Period and its impact on tribes Alaska Native Allotment Act Alaska Town Site Act Reorganization Act and its impact on tribes Alaska Native Reorganization Act Termination and Relocation and its impact on tribes Indian Self-Determination Act Alaska Native Claims Settlement Act Self -Governance Government-to-government relationship affirmed 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. Begin Objective 1B: Demonstrate an understanding of the Government treaty obligations. (30 minutes). Treaties U.S. treaties with Indian tribes Tribes ceded land Tribes retained certain rights U.S. promised certain services Elements of law derived from treaties Trust relationship Sovereignty Reserved rights Canons of construction Congress’ plenary power Permanence of treaty rights