Energy council must offer tribes formal project consultations

The energy facility site evaluation council must offer government-to-government consultation to certain federally recognized tribes. This covers tribes with treaty, statutory, or executive-order rights, resources, or interests in the area of a proposed energy facility. The consultation must address concerns raised by the tribe. It must occur after the tribe has enough information to assess possible project effects. If a tribe asks to meet with the full council, as many council members as possible must attend. The consultation must allow the tribe to describe affected resources or rights and suggest ways to avoid, reduce, or address harmful effects. The council chair and designated staff must offer consultation within 90 days after receiving an energy facility certification application, while following the application review schedule.

The council must include a summary of the consultation in its report to the governor and give the tribe a chance to respond. The requirement applies to consultations with affected federally recognized tribes during energy facility site review. The summary must include the consultation issues and proposed resolutions and comply with public-records law. The council must give the summary to the tribe before sending its report to the governor. The tribe may request corrections or submit its own consultation summary for inclusion. The tribe has 30 days after receiving the council’s summary to request corrections or provide its own summary.

A quorum of the council may attend a government-to-government tribal consultation without making it an open public meeting. This applies to consultations with federally recognized tribes conducted under the energy facility siting statute. Council members may not deliberate with one another during the consultation. Council members may not make assurances or commitments during the consultation. The exception applies while the qualifying tribal consultation is taking place.