September 2022 Consultation Statement

As is common with government-to-government consultations, City of Boulder-Tribal Nation consultations are typically closed sessions to facilitate conversations among city staff, Tribal Representatives and elected and appointed community leaders. Those conversations may include sensitive topics.

The city recognizes the public interest in citywide consultations with American Indian Tribal Nations. City staff seek permission from Tribal Representatives to develop a joint city-tribal statement at the end of each consultation. City staff create these statements in partnership with Tribal Representatives to inform community members of consultation conversations. When the city hosts in-person consultations, there is also an effort to provide community members the opportunity to attend pre- and post-consultation discussions, such as the opening and closing sessions.

The City of Boulder, Colorado extends its gratitude to Tribal Representatives from American Indian Tribal Nations who attended online city tribal consultations on Monday, Sept. 12, and Tuesday, Sept. 27. City staff recognize Tribal Representatives consult with a wide range of federal and state agencies across the country and thank them for providing staff guidance on several city/Tribal Nation projects.

During the consultations, city staff and Tribal Representatives continued discussing a City-Tribal Nation Memorandum of Understanding (MOU), which consolidates past city/Tribal Nation agreements adopted in the 1990s and early 2000s into one document and includes several updates. City staff and Tribal Representatives also discussed how other Tribal Nations could be included in the MOU and how the MOU could be shared with Tribal Governments and our City Council for their review, consideration and approval.

The updated MOU – which focuses on city open space and has been the focus of consultation conversations since 2019 – sets the foundation for future city/Tribal Nation collaboration by:

• Recognizing that Tribal Representatives have a unique capacity to gather information and convey advice concerning land management, cultural resources management, ceremonial needs and Indigenous education and interpretation.
• Continuing ongoing consultation and collaborative decision-making with Tribal Nations regarding City of Boulder Open Space and Mountain Parks lands and cultural resource protection efforts.
• Continuing to recognize open space purposes in the Boulder City Charter, which guide current management of city Open Space and Mountain Parks.
• Continuing a permit process for Tribal Nation ceremonial access – outlined in 2002 and 2004 city/Tribal Nation agreements – that requires fire and temporary structures. The city also will explore the possibility of a dedicated, permanent site on city land for sacred ceremonies.
• Inviting Tribal Nations to participate in ongoing consultation and guidance on cultural resources on Open Space and Mountain Parks land to avoid significant impacts and identify areas where projects and activities may require tribal notification.
• Requiring the city to notify Tribal Nations of inadvertent exposure or disturbance of Native American human remains, objects of cultural significance or patrimony, or funerary objects.
• Identifying city land that can be used for the limited harvesting of plants for personal use by Tribal Members – such as medicinal and ceremonial practices – utilizing a process that will be the subject of a future consultation.
• Collaborating on education and interpretation materials that provide accurate, truthful Indigenous Peoples’ stories – both past and present – through educational and interpretative materials. The city is currently working with Tribal Nations on a planned ethnographic-education report, which will help provide a foundation for this ongoing work.
• Providing Tribal Nations and the City of Boulder opportunities to review the MOU and propose revisions or new amendments.

City staff and Tribal Representatives also agreed to participate in a March 2023 consultation. The city continues to prioritize an in-person consultation, but unforeseen circumstances may lead to another online consultation.

During the September consultations, city staff also received guidance on planned 2024 public and private events to celebrate Tribal Nations’ enduring connections to the Boulder area and recognize the recent renaming of Settler’s Park to “The Peoples Crossing.” The city anticipates providing more information on these events in late 2023 – following more in-depth planning conversations with Tribal Representatives.

The city thanks consultants Ernest House, Jr., with the Keystone Policy Center, and Jessica Yaquinto, with Living Heritage Anthropology, for their professional expertise and long-standing commitment to helping the city organize and conduct ongoing consultations with Tribal Nations.

The City of Boulder, once again, thanks Tribal Nations for participating in ongoing consultations, which have helped the city to rename Settler’s Park to The Peoples Crossing, develop a staff land acknowledgment and develop a collaborative approach to create education and interpretative materials with Tribal Nations. The city appreciates the opportunity to listen and learn from Tribal Representatives and looks forward to ongoing conversations with their Nations in the future.