Background on Sovereign Rights of Federally Recognized Tribes
Federally recognized Tribes are individually and culturally unique from each other. Their inherent rights originate back to the beginning of their creation and are rooted in their ancestral cultures. Washington State recognizes Tribes’ inherent rights to exercise their language, cultural beliefs, protection of Tribal resources, sense of place and territory through their existence and inhabitance of Washington territory since time immemorial. ‘Inherent rights’ means the birth-right of a people instilled in them since the time of creation. These rights are embedded in their right to their language, teachings, culture, territories of land and water, history of stewardship and service, and fiduciary obligation to preserve those rights for future generations.
These Tribes retain their inherent rights and are, as such, sovereign and operate their own Tribal governments to govern their Tribal citizenship and reservation populations through self-governance and self-determination. Their status as sovereign nations entitles them to a direct government-to-government relationship with the federal government, independent of the states or local jurisdictions where these Tribes may reside.
Department of Health and Tribal Governments
Separately, in accordance with Chapter 43.376 RCW, the Washington State Centennial Accord of 1989, and the Out of State Accord of 2004 (PDF), the Washington Department of Health has established a formal Government-to-Government relationship with Federally Recognized Sovereign Tribal Nations. This is outlined in the 2015 DOH Consultation and Collaboration Procedure (PDF).
The Department of Health established the Office of Tribal Public Health & Relations (OTPHR), led by Executive Director Candice Wilson – Quatz’tenaut (Lummi), to oversee tribal-focused initiatives across the Department of Health.
OTPHR strives to optimize their efforts in serving American Indian and Alaska Native communities. For inquiries or assistance pertaining to tribal-related activities and engagements, email DOH Tribal Relations.
HEAL Act and Tribal Engagement Requirements
In 2021, with the passage of the Healthy Environment for All (HEAL) Act, the Washington State Legislature included additional Tribal consultation requirements to include more frequent and meaningful consultation and collaboration specific to HEAL Act implementation. These requirements are detailed in RCW 70A.02.100: Tribal consultation.
Under the HEAL Act, agencies are required to draft and adopt community engagement plans, starting July 1, 2022. See DOH’s Community Engagement Guide. The agency has also created a Tribal Engagement Guide (PDF), which includes additional information about agency work specific to environmental justice and tribes and will be used to ensure that communication and collaboration happens early and often.
The HEAL Act also creates dedicated seats on the Environmental Justice Council for Tribal representatives. Current councilmembers filling these seats are listed below:
The Honorable Jarred-Michael Erickson, Chairman of the Confederated Tribes of the Colville Reservation, Representing Tribal communities from Eastern Washington
The Honorable Monica Tonasket, Secretary of Spokane Tribe, Representing Tribal communities
The Honorable Jeremy Wilbur, Tribal Councilmember of Swinomish Tribe, Representing Tribal communities from Western Washington
There is currently one vacant seat for an EJ Councilmember representing Tribal communities.
The Environmental Justice Council meets regularly, and meetings are open to the public. To learn more, visit the Environmental Justice Council website or email Environmental Justice Council staff or call 360-584-4398.
Tribal Engagement Opportunities
For a complete list of Environmental Justice Assessments initiated and in progress at DOH, see Environmental Justice Assessments.
For a complete list of programs complying with the budgeting and funding requirements of HEAL, see the Office of Financial Management’s HEAL Act Dashboard.
We will post Tribal engagement opportunities for active environmental justice assessments and budgeting and funding work as they arise.
DOH HEAL Act Tribal Contact
Christopher R. Castleberry (Snoqualmie), HEAL Tribal Engagement Coordinator, Environmental Public Health