FSH 5900 - Tribal Research and Activities

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Last updated: July 1, 2026

A. Purpose

This policy provides the initial framework for Tribal consultation and collaboration that supports academic freedom, respectful government-to-government relationships, promoting responsible research and programming that honor the rights, interests, and obligations of Tribal students, communities, and Nations.

Idaho is home to five Tribal governments and has a Memorandum of Understanding with certain Tribal governments both in the State of Idaho and in other states. Nationally, there are 574 federally recognized tribes. Each Tribe has its own laws, codes, regulations, procedures, and departmental guidelines governing activity on tribal land. This highlights the uniqueness of each Native Nation. These laws protect the tribes' communities and members while promoting their health, welfare, and education. Native Nations also have a unique political and legal status, which the University of Idaho recognizes and respects.

This policy recognizes the academic freedom and academic responsibility to U of I faculty, institutions and students as described in FSH 4000 and Board of Regents Policy III. B. Nothing herein shall be construed to limit or impact the academic freedom and responsibility of U of I faculty, institutions, and students. Additionally, this policy recognizes the co-stewardship of institutional-Tribal relationships, dedicated to fostering respect, collaboration, and the sharing of knowledge, research and education that support Tribal self-determination.

B. Scope

This policy applies to the preliminary or initial stages of all University of Idaho (U of I) individuals that desire to engage in any research or institutional engagement that takes place in Indian Country, or Alaska Native homelands, or on land under the control or jurisdiction of a sovereign tribe or research that may impact the resources or interests of Federally recognized American Indian or Alaska Native Tribes by impacting the resources or interests connected to Tribal lands or those aspects of Tribal life that are within the domain of a Tribe, including, but not limited to those cultural objects under the Native American Graves Protection and Repatriation Act,.

This policy does not intend to address all stages of U of I research or institutional engagement with Tribal partners. The full scope of Tribal relations related to research or institutional engagement is managed on a case-by-case basis, with the support of Tribal partners, U of I administration, and other applicable U of I policies. The University of Idaho reserves the right to periodically review and revise the processes herein to improve effectiveness and address emerging issues.

C. Definitions

C-1. Engagement

Engagement refers to the establishment and growth of reciprocal relationships, through which U of I individuals collaborate with Tribal employees, cultural specialists, and representatives as partners.

C-2. Consultation

Consultation refers to regular, meaningful, and robust discussions with Tribal officials in the development of projects or programs that have Tribal implications.

C-3. Collaboration

Collaboration is an intentional process where U of I individuals and Tribal partners work together on specific programs including, but not limited to, educational outreach, historical preservation, cultural studies, and healthcare projects.

C-4. Consent

Consent is the voluntary, prior, and informed agreement before an action directly and foreseeably affects Tribes, Tribal rights, or Tribal lands. Foreseeability is determined from the perspective of the affected Tribes. The process by which consent is received and documented is described within this policy.

C-5. Federally Recognized Tribe (Tribe)

An American Indian or Alaska Native entity that is recognized by the United States.

C-6. Research

"Research," as defined in Webster’s Third New International Dictionary, includes ". . . critical and exhaustive investigation or experimentation having for its aim the discovery of new facts and their correct interpretation, the revision of accepted conclusions, theories, or laws in the light of newly discovered facts, or the practical application of such new or revised conclusions, theories, or laws. . . ." For the purpose of these policies, "research" includes not only the sense of the above definition, but also those investigations, experiments, and creative activities that are characteristic of, and appropriate to, the fine arts.

C-7. Self-Determination

A Tribe's right to determine its own form of government, which allows greater autonomy and opportunities to assume responsibility for programs and services administered to it on behalf of the Secretary of the Interior through contractual agreements.[1]

C-8. Reciprocal Relationships

Reciprocal relationships entail sharing and participating from both parties that leads to relational accountability.

C-9. Tribal IP Agreement

University developed intellectual property agreement template to be used for all agreements concerning Traditional Knowledge. To the extent allowable by UI policy, this template may be modified or adjusted based on the individual needs of the project and can be requested from OSP.

C-10. Tribal Land (Indian Country)

Defined in federal law as trust lands, including but not limited to Indian country and lands which have been identified by a Tribe as containing cultural, historic, or archaeological resources.

C-11. Tribal Sovereignty

The right of American Indians and Alaska Natives to govern themselves.

D. Policy

D-1. It is the policy of the University of Idaho to strengthen its relationship with Tribes through mutual respect and to provide a framework for maintaining government-to-government collaborations. Concurrently, this policy outlines responsibilities for UI individuals in conducting research and activities that may impact the resources or interests of Federally recognized American Indian or Alaska Native Tribes while supporting academic freedom.

D-2. UI individuals are not authorized to enter into agreements or activities that may impact Tribal interests on behalf of the University without prior approval and authorization from the University. Therefore, early and intentional consultation with the University’s Tribal Relations Office and Office of Sponsored Programs is essential to compliance with UI policies.

D-3. Within US federal law, self-determination allows Indian Tribes to have greater autonomy and to have the opportunity to assume the responsibility for programs and services administered to them on behalf of the Secretary of the Interior through contractual agreements. Under these laws, Indian tribes are assured they will have paramount involvement in the direction of services provided by the Federal government so that the delivery of such services addresses the needs and desires of the local communities.

E. Procedures

E-1. Early, regular, and good faith Consultation

UI faculty and staff must engage early, regularly, and in good faith with Tribal governments or designated Tribal departments, by initiating contact at least three (3) months before the project's start and maintaining monthly communications. The U of I’s Executive Director of Tribal Relations must assist in identifying the appropriate leaders and protocols of the Tribe(s), make introductions, recommend applicable UI employees that should be consulted, and guide the individual through the consultation process as needed. The Executive Director for Tribal Relations may also consult on instances of disputes or disagreements between U of I individuals or units that affect U of I’s relationship with Tribe(s).

Documentation of Consultation, such as Tribal resolution, meeting minutes, emails, or verbal agreements, is required as evidence and must be submitted to the Office of Tribal Relations as part of the formal project documentation. This applies, but is not limited to, activities involving research or institutional engagement on Tribal lands, in Indian Health Service facilities, with Tribal members, involving cultural objects under the Native American Graves Protection and Repatriation Act, or involving human subjects where Tribal affiliation is identified and may impact the Tribe or its members.

Tribal Engagement and Consent for Joint UI-Tribal Research Activities and Projects may occur at the University level or at the level of a particular program, project, or activity involving a Tribe or a Tribal member.

Consultation and Collaboration must emerge from engagement on individual or community levels but must also involve Tribal employees or appointees with authority over relevant Tribal departments, programs, or committees.

E-2. Responsibilities of Principal Investigator (PI) or Project Director (PD)

a. Relationship building. Establish and grow reciprocal relationships with Tribal employees, cultural specialists, and representatives as equal partners.

b. Consultation. Engage in early (at least three months prior to beginning any project), regular, meaningful, and robust consultation with Tribal Officials on understanding, addressing concerns, and impacts of the research or project.

c. Collaboration. Work collaboratively with the University of Idaho, through its researchers, and Tribal partners.

d. Consent. Gain Consent from the appropriate Tribal representative(s) with authority to give consent on behalf of the Tribe related to the project.

1 Through this engagement process, the U of I Principal Investigator or Project Director with primary oversight of the program, project, or activity should determine whether formal consent is required from the affected Tribe(s) and proceed accordingly.

2 If the consultation process results in a formal written agreement between U of I and Tribe(s), such as the Tribal Intellectual Property Agreement, the individual with primary oversight of the program, project, or activity should submit the agreement to the Office of Research for review, guidance, and processing prior to it being finalized.

e. Tribal intellectual property agreement. When the project involves Tribal intellectual property, the Principal Investigator or Project Director must utilize the University’s standard Tribal IP agreement to ensure the protection of Tribal rights and compliance with U of I policies. The U of I’s standard Tribal IP agreement can be requested from U of I’s OSP. This agreement should be submitted to the Office of Research for review and processing prior to finalization. Exceptions to using the standard agreement may be permitted if specifically requested by the Tribe or the University and must be documented and approved in consultation with the Office of Research and Economic Development (ORED) and the Executive Director of Tribal Relations.

E-3. Compliance with UI Research guidelines and procedures

Any formal written agreements and contracts must follow U of I’s Office of Sponsored Programs (OSP) guidelines and procedures. Additionally, a Tribal research consent or permit must be obtained alongside adhering to U of I’s Institutional Review Board (IRB) guidelines and procedures for human subjects. If a Tribe has an information research regulation process, the U of I employee must comply with Tribal research consent processes in addition to meeting U of I and relevant legal or sponsorship requirements. The Office of Tribal Relations can provide guidance if necessary.

E-4. Tribal Research Permits

Similar to formal written agreements and contracts, all Tribal research permits must follow U of I Office of Sponsored programs guidelines and procedures. Tribal Research permits must only be executed by a university official with signatory authority to enter into the research permit on behalf of the university.

E-5. Role of the Executive Director of Tribal Relations

Tribal Engagement and Consent for joint U of I-Tribal research activities may occur at the University level or within specific programs, projects, or activities, involving consultation with Tribal authorities. The Executive Director of Tribal Relations assists in identifying appropriate Tribal leaders and protocols, making introductions, recommending U of I employees for consultation, guiding the process, and mediating disputes affecting U of I’s relationship with Tribes.

E-6. Tribal Consent requirements

a. Tribal Consent is the responsibility of the Project Director or PI.

b. The Consent process must be initiated by the Project Director or PI with primary oversight, who is responsible for communicating with Tribal governments to follow the appropriate approval chains within any given Tribe. The Executive Director of Tribal Relations must assist in identifying the appropriate Tribal leaders and approval protocols, making introductions, and guiding the individual through the Consent process as needed. Tribal Consent must be granted before research begins and cannot be withdrawn in a manner that prevents publication or mandates editing, to respect academic freedom.

c. The University individual with primary oversight of the project must secure Consent, when applicable, for projects that affect Tribes, including obtaining a resolution or letter from the Tribal Council (or equivalent signatory) acknowledging the activity and their willingness to allow it. The form of Consent required varies among Tribes and types of projects, thus the Consent process should be guided by the Tribe(s) that hold jurisdiction.

E-7. Consent for proposals for projects involving Federal grants

All proposals for federal funding must include documentation of engagement with federally recognized Tribes when the proposed work may have an impact on Tribal resources or interests, including lands, languages, subsistence rights, cultural heritage, or other aspects of Tribal life, regardless of the funding agency, and includes even those engagements where the Tribe is only referenced in publications or presentations. This requirement is intended to align our general federal compliance standards with the most stringent federal guidance, as outlined in NSF policy (PAPPG Chapter II.E.10). Acceptable documentation includes: (1) written approval from designated Tribal official(s); (2) written confirmation that approval is not required; or (3) a copy of the written request for approval, with final documentation required prior to award. This applies even if the Tribe is only referenced in publications or presentations.

E-8. Appraisal of the potential for heightened community risk

The PI or PD must engage in discussions with Tribal partners to evaluate the potential impacts of projects and potential for heightened community risk. The PI or PD must ensure that Tribal partners are apprised of the impacts of projects and identify and address Tribal concerns.

E-9. Human subject research

a. The U of I IRB recognizes Tribal sovereignty, requiring applications targeting Tribal populations or occurring on Tribal lands to be reviewed by both the U of I's IRB and the Tribal Relations Research Review Committee (TRRRC), overseen by the Office of Tribal Relations. Researchers conducting studies on Tribal lands must obtain a resolution or letter from the Tribal Council (or equivalent signatory) acknowledging the research activity and their willingness to allow it.

b. In cases where the human subjects research does not involve a Tribal government, the PI or PD must make good faith efforts to engage with or invite representatives from the affected Tribal government and discuss the proposed research to encourage a transparent and fair collaboration.

c. Written approval from the designated Tribal official is required for NSF proposals submitted after May 20, 2024.

E-10. Tribal Relations Research Review Committee

The TRRRC, consisting of seven members and one ex-officio member assembled by the Executive Director of Tribal Relations, meets monthly to review VERAS and IRB applications involving Tribes, Native Nations, Indigenous populations, or lands. The committee ensures adherence to the Tribal Research Policy, issuing a Tribal Relations Seal of Research Approval if compliant, or offering feedback and designating the proposal for revision if necessary.

F. Related policies

Version History

July, 2026. Inception of policy.

[1] Indian Self-Determination and Education Assistance Act, Public Law 93-638