Tribal Consultation Policy and Events

SAMHSA, as an operating division within HHS, acknowledges and adheres to the HHS Tribal Consultation Policy (TCP). Before any action is taken that will significantly affect Indian Tribes, it is the SAMHSA policy that consultation with Indian Tribes will occur.

What is the Tribal Consultation Policy?

The TCP applies to all HHS operating and staff divisions. It serves as a guide for Tribes to participate in all HHS and division policy development to the greatest extent practicable and permitted by law. Since 2007, SAMHSA maintains a SAMHSA specific Tribal Consultation Policy (PDF | 6.6 MB). This document outlines the SAMHSA specific consultation process in accordance with the prescribed HHS TCP process and objectives.

TCP Goals

• Reduce and eliminate behavioral health disparities faced by American Indians and Alaska Natives
• Optimize access to substance use and mental health services and programs to achieve health equity for all American Indians and Alaska Native people and communities

Past Consultations

January 6, 2025 | SAMHSA Tribal Consultation Policy

SAMHSA is beginning to modernize the Tribal Consultation Policy. This is necessary because the current policy was approved in 2016 prior to the reorganization of SAMHSA under the 21st Century Cures Act. The way information is shared and how SAMHSA collaborates with Tribes and Tribal Organizations is different in our current environment as compared to pre-COVID. An update is also needed to align the SAMHSA TCP Policy with the 2023 HHS TCP.

Two virtual Tribal Consultations were held:

• Wednesday, November 6, 3 – 4:30 p.m. ET
• Thursday, December 5, 1 – 2:30 p.m. ET

In addition to considering input during these two virtual consultations, SAMHSA will accept written comments from Tribes until 5 p.m. ET on January 6, 2025. Comments can be emailed to otap@samhsa.hhs.gov.

SAMHSA looks forward to your participation and ongoing partnership. Please contact CAPT Karen Hearod, Director, Office of Tribal Affairs and Policy, at 202-868-9931 or otap@samhsa.hhs.gov with any questions.

Dear Tribal Leader Letter - Tribal Consultation Policy Modernizations (PDF | 248 KB)

Tribal Consultation Policy Modernizations (PDF | 133 KB)

November 21, 2024 | SAMHSA Tribal Behavioral Health Grant Program

The consultation session provided an opportunity for SAMHSA to share information about these changes and to obtain tribal input and feedback on the proposed path to simplify the TBH program through the development of two NOFOs.

SAMHSA aims to redesign the TBH program Notice of Funding Opportunity (NOFO) so that the application process is clearer and so that tribes can choose from two prevention priorities. One NOFO will have a primary focus on suicide prevention and a second NOFO that will have a primary focus on substance use prevention. This activity is aligned with the Executive Order (E.O. 14112 of December 6, 2023) on Reforming Federal Funding and Support for Tribal Nations to Better Embrace Our Trust Responsibilities and Promote the Next Era of Tribal Self- Determination. Prior to taking any action that will significantly affect Indian Tribes, it is the policy of SAMHSA to request a Tribal Consultation. The Tribal Consultation session provides an opportunity for government-to-government dialogue.

SAMHSA will also accept written comments from Tribes on or before November 27, 2024. Comments can be emailed to otap@samhsa.hhs.gov.

Dear Tribal Leader Letter - SAMHSA Tribal Behavioral Health Program (PDF | 187 KB)

November 9, 2023 | Tribal Opioid Response (TOR) Grant Program

Before any action is taken that will significantly affect Indian Tribes, it is the SAMHSA policy that consultation with Indian Tribes will occur to the extent practicable and permitted by law. The Tribal Consultation session provided an opportunity for government-to-government dialogue.

• TOR Consultation Report (PDF | 139 KB)
• Dear Tribal Leader Letter: Invitation to the Virtual Tribal Consultation (PDF | 231 KB)
• TOR Briefing Document (PDF | 110 KB)

March 10, 2022 | Proposed Changes to 42 CFR Part 2

Written comments were accepted until April 6, 2022. There were 201 registered participants, including Tribal leaders, OCR and SAMHSA senior leaders, other HHS and government staff and other Tribal partners. Six written comments were received.

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