Public participation is a unique and critical component of American environmental law. Supplemented by the Administrative Procedures Act, federal agencies must allow for and consider the views of those directly affected by actions like delegating program primacy to states and tribes, promulgating regulatory standards and directly implementing programs. For Indian country actions, the affected public includes tribal citizens, non-members who live in and near Indian reservations, and non-governmental organizations representing them. Effective engagement requires administrative procedures distinct from government-to-government consultations between federal, tribal, state, and local governments. The panel will discuss core public participation requirements, mechanisms for governments to satisfy those requirements, and the difference between public participation and intergovernmental consultation. Our core focus will be making environmental program public participation processes more efficient and effective while respecting tribal sovereignty and the unique government-to-government relationship.
