Guide: Granting Tribal Nation Approval for Research
This FREE guide explains how Tribal Nations can evaluate and make decisions about approving research that affects their resources or interests. It covers the basics of the NSF Tribal Nation Approval policy, Tribal Nation roles and rights, and tips for handling research proposals. Learn about the NSF Tribal Nation Approval policy (NSF PAPPG 24-1 requirements) and ensure research complies with Tribal Nation interests.
FOR RESEARCHERS
3 Guide Pack: Navigating Tribal Nation Approval for Research
This essential 3-guide resource pack includes a detailed guide to seeking Tribal Nation Approval per NSF PAPPG 24-1 requirements, practical checklists for requesting approval, and ready-to-use email templates for written requests.
Empower your research with the tools you need to build ethical partnerships with Tribal Nations, fostering trust and mutual respect. Get your guide pack today and ensure your research makes a positive impact!
NSF PAPPG Tribal Nation Approval Requirements FAQ
We wanted to share some information about a new requirement from the National Science Foundation (NSF) that impacts federally recognized Tribal Nations. Effective May 20, 2024, NSF has introduced a new Tribal Nation Approval requirement for NSF-sponsored research that may affect Tribal resources and interests.
With this new requirement, researchers will need to contact Tribal Nations to request a review and approval process for research proposals related to activities on Tribal land or those that may affect Tribal resources and interests, including subsistence practices, cultural activities, and more.
To help Tribal Nations and researchers with the new NSF requirement, we’ve created resources to inform Tribal Nations of their rights and offer effective engagement strategies. Our free guide helps facilitate discussions with Tribal Councils, Elder Councils, and others impacted by this requirement. The 3 Guide Pack is an essential resource for researchers, meeting NSF requirements with a comprehensive guide, detailed checklists, and email templates for clear, considerate communication throughout the approval process.
NSF has published a FAQ on Tribal Nation Approval. You can find the FAQ and other resources related to the PAPPG here.
What are the key changes to the NSF PAPPG related to Tribal Nation Approval?
- Policy Change: NSF will not fund any proposal that may impact the resources or interests of a federally recognized Tribal Nation without prior written approval from designated Tribal officials.
- Scope: The policy currently applies to the 574 federally recognized American Indian and Alaska Native Tribal Nations. Non-federally recognized Indigenous communities are not included at this time.
What is the NSF PAPPG?
The NSF PAPPG (Proposal and Award Policies and Procedures Guide) is a comprehensive document published by the National Science Foundation (NSF) that outlines the policies and procedures for submitting proposals and managing awards. The PAPPG provides detailed guidance on various aspects of the proposal and award process, including:
- Proposal Preparation and Submission: Guidelines on how to prepare and submit proposals to the NSF, including requirements for proposal content, format, and submission deadlines.
- Award Management: Information on how to manage NSF awards, including financial management, reporting requirements, and compliance with NSF policies.
- Grant Administration: Procedures for the administration of NSF grants, including requirements for grant recipients and information on grant terms and conditions.
- Compliance and Oversight: Policies related to the compliance and oversight of NSF-funded projects, including guidelines for ensuring ethical conduct of research, protection of human subjects, and adherence to NSF regulations.
- Changes and Updates: Information on any updates or changes to NSF policies and procedures that affect the proposal and award process.
Why are there changes to the NSF PAPPG related to Tribal Nation Approval?
In response to President Biden’s January 26, 2021 memorandum on Tribal consultation and strengthening nation-to-nation relationships, federal agencies, including NSF, were required to develop action plans in consultation with federally recognized Tribal Nations. NSF established a Tribal Consultation and Engagement Working Group (TCEWG) to implement these directives. The key objective is to improve NSF’s engagement with Tribal Nations and ensure that research conducted under its auspices respects Tribal sovereignty and interests.
Whose responsibility is it to ensure that the correct Tribal Nation individual/entity has responded to a PI’s request for approval?
It is the proposer’s responsibility to ensure that the correct Tribal Nation individual or entity responds to their request for approval. NSF provides guidance and resources to help identify the appropriate Tribal contacts.
Does NSF have a recommended or required process for Tribal Nations to review and provide or deny approval of the research request?
NSF does not dictate the process for Tribal Nations to review or deny approval. Each Tribal Nation is a sovereign entity and determines its own procedures and requirements for granting research approval.
Can Tribal Nations charge fees for the Tribal Nation Approval process?
Yes, Tribal Nations can designate fees associated with any part of the review and approval process. To date, no federal funding has been made specifically available to Tribal Nations to cover the costs and labor related to the Tribal Nation Approval process. NSF does not provide any guidance related to fees or fee amounts, but NSF leadership stated in public meetings (NNA Annual Community Meeting, March 2024, Washington DC) that the fees should be “reasonable.”
How do I know which Tribal Nations may be impacted by my research?
It is your responsibility to identify which Tribal Nations may be impacted by your research and to submit your request for determination/approval regarding research that may affect Tribal resources and interests. The Tribal Leaders Directory maintained by the US Department of the Interior, can assist you in this process.
Is there a timeline for obtaining the approval?
There is no specific timeline mandated by NSF. The timeline for obtaining approval is determined by the Tribal Nation. Researchers should plan accordingly and allow sufficient time for the approval process.
How will an NSF Program Officer know whether the signatory on the approval letter is the designated official of the Tribal Nation?
NSF program officers will verify the authenticity of the approval letter based on their knowledge and available resources. If there are doubts, the program officer may seek clarification from the Tribal Nation or the NSF Tribal Liaison.
How will NSF ensure compliance with these requirements?
NSF program officers are trained to identify potential impacts on Tribal Nations and will verify that necessary approvals are obtained. If a proposal is found to impact Tribal interests without the required approvals, NSF will not fund the project.
Will NSF develop a listing of what constitutes “Tribal Nation interests and resources?”
According to NSF leadership, NSF will not develop such a listing. The determination of what constitutes Tribal interests and resources is the responsibility of each sovereign Tribal Nation.
Are non-federally recognized Indigenous communities covered under this new PAPPG language?
No, non-federally recognized Indigenous communities are not covered under this new PAPPG language at this time. According to NSF leadership, NSF is exploring ways to include these communities in the future.
What if multiple Tribal Nations are impacted?
Researchers must obtain approval from all impacted Tribal Nations. If one Tribal Nation approves and another does not, NSF will not fund the proposal until all necessary approvals are obtained.
What if Tribal governance changes after approval is granted?
Tribal Nations have the right to revoke or alter their approval. Researchers must comply with any new directives from the Tribal Nations.
How are drone or satellite-based research projects handled?
Research impacting Tribal lands or interests through remote means (e.g., drones, satellites) must also seek Tribal approval if there is a potential impact. Researchers should consider the broader implications of their work and consult with Tribal Nations accordingly.
How are research projects involving oceans and ice (i.e., non-land based research) handled?
At this time, the new PAPPG language primarily focuses on land-based resources and interests. However, NSF recognizes the importance of subsistence rights and other concerns related to oceans and ice. Existing legal protections for subsistence rights and marine mammal protections remain in place. Researchers should consider these broader implications and consult with relevant Tribal Nations accordingly. NSF is continually reviewing and may update policies to better address these areas in the future.