Indian Self-Determination and Education Assistance Act of 1975

Page 653
Sec.

Sec.

5303.
5304.
5305.

5356.

Tribal and Federal advisory committees.
Definitions.
Reporting and audit requirements for recipients of Federal financial assistance.
5306.
Criminal activities involving grants,
contracts, etc.; penalties.
5307.
Wage and labor standards.
5308.
Grant and cooperative agreements.
5309.
Use of excess funds.
5310.
Investment of advance payments; restrictions.
SUBCHAPTER I—INDIAN SELF-DETERMINATION
5321.
5322.
5323.

Self-determination contracts.
Grants to tribal organizations or tribes.
Retention of Federal employee coverage,
rights and benefits by employees of
tribal organizations.
5324.
Contract or grant provisions and administration.
5325.
Contract funding and indirect costs.
5326.
Indian Health Service: availability of
funds for Indian self-determination or
self-governance contract or grant support costs.
5327.
Department of the Interior: availability
of funds for Indian self-determination
or self-governance contract or grant
support costs.
5328.
Rules and regulations.
5329.
Contract or grant specifications.
5330.
Rescission of contract or grant and assumption of control of program, etc.;
authority; grounds; procedure; correction of violation as prerequisite to new
contract or grant agreement; construction with occupational safety and
health requirements.
5331.
Contract disputes and claims.
5332.
Sovereign immunity and trusteeship
rights unaffected.
SUBCHAPTER II—CONTRACTS WITH STATES
5341.
5342.
5343.
5344.
5345.

5346.
5347.
5348.

5351.
5352.

5353.
5354.
5355.

§ 5301

TITLE 25—INDIANS

Donations for Indians; use of gifts; annual report to Congress.
Contracts for education, medical attention, relief and social welfare of Indians.
Use of Government property by States
and Territories.
Rules and regulations; minimum standards of service.
Contracts for education in public
schools; submission of education plan
by contractor as prerequisite; criteria
for approval of plan by Secretary of
the Interior; participation by non-Indian students.
Local committee of Indian parents in
school districts having school boards
composed of non-Indian majority.
Reimbursement to school districts for
educating non-resident students.
Computation of student count.
SUBCHAPTER III—INDIAN EDUCATION
ASSISTANCE
School construction, acquisition, or renovation contracts.
General education contract and grant
provisions and requirements; school
district quality and standards of excellence.
Availability of funds to agencies, institutions, and organizations.
Rules and regulations.
Eligibility for funds of tribe or tribal organization controlling or managing
private schools.

Supplemental assistance to funds provided to local educational agencies.
SUBCHAPTER IV—TRIBAL SELF-GOVERNANCE—
DEPARTMENT OF THE INTERIOR

5361.
Establishment.
5362.
Selection of participating Indian tribes.
5363.
Funding agreements.
5364.
Budget request.
5365.
Reports.
5366.
Disclaimers.
5367.
Regulations.
5368.
Authorization of appropriations.
SUBCHAPTER V—TRIBAL SELF-GOVERNANCE—
INDIAN HEALTH SERVICE
5381.
5382.
5383.
5384.
5385.
5386.
5387.
5388.
5389.
5390.

Definitions.
Establishment.
Selection of participating Indian tribes.
Compacts.
Funding agreements.
General provisions.
Provisions relating to the Secretary.
Transfer of funds.
Construction projects.
Federal procurement laws and regulations.
5391.
Civil actions.
5392.
Facilitation.
5393.
Budget request.
5394.
Reports.
5395.
Disclaimers.
5396.
Application of other sections of this
chapter.
5397.
Regulations.
5398.
Appeals.
5399.
Authorization of appropriations.
SUBCHAPTER VI—INDIAN LAW ENFORCEMENT
FOUNDATION
5411.
5412.
5413.

Definitions.
Indian Law Enforcement Foundation.
Administrative services and support.
SUBCHAPTER VII—NATIONAL FUND FOR
EXCELLENCE IN AMERICAN INDIAN EDUCATION

5421.
5422.
5423.

National Fund for Excellence in American Indian Education.
Administrative services and support.
Definitions.

§ 5301. Congressional statement of findings
(a) Findings respecting historical and special
legal relationship, and resultant responsibilities
The Congress, after careful review of the Federal Government’s historical and special legal
relationship with, and resulting responsibilities
to, American Indian people, finds that—
(1) the prolonged Federal domination of Indian service programs has served to retard
rather than enhance the progress of Indian
people and their communities by depriving Indians of the full opportunity to develop leadership skills crucial to the realization of selfgovernment, and has denied to the Indian people an effective voice in the planning and implementation of programs for the benefit of Indians which are responsive to the true needs of
Indian communities; and
(2) the Indian people will never surrender
their desire to control their relationships both
among themselves and with non-Indian governments, organizations, and persons.
(b) Further findings
The Congress further finds that—

§ 5301

TITLE 25—INDIANS

(1) true self-determination in any society of
people is dependent upon an educational process which will insure the development of qualified people to fulfill meaningful leadership
roles;
(2) the Federal responsibility for and assistance to education of Indian children has not
effected the desired level of educational
achievement or created the diverse opportunities and personal satisfaction which education
can and should provide; and
(3) parental and community control of the
educational process is of crucial importance to
the Indian people.
(Pub. L. 93–638, § 2, Jan. 4, 1975, 88 Stat. 2203.)
CODIFICATION
Section was formerly classified to section 450 of this
title prior to editorial reclassification and renumbering
as this section.
SHORT TITLE OF 2018 AMENDMENT
Pub. L. 115–404, § 1, Dec. 31, 2018, 132 Stat. 5349, provided that: ‘‘This Act [enacting section 5348 of this
title] may be cited as the ‘Johnson-O’Malley Supplemental Indian Education Program Modernization
Act’.’’
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106–568, title VIII, § 801, Dec. 27, 2000, 114 Stat.
2916, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘Native American Laws
Technical Corrections Act of 2000’.’’
Pub. L. 106–568, title XIII, § 1301, Dec. 27, 2000, 114 Stat.
2936, provided that: ‘‘This title [enacting subchapter
VII of this chapter] may be cited as the ‘American Indian Education Foundation Act of 2000’.’’
Pub. L. 106–260, § 1, Aug. 18, 2000, 114 Stat. 711, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Tribal Self-Governance Amendments of 2000’.’’
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103–413, § 1, Oct. 25, 1994, 108 Stat. 4250, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Indian Self-Determination Act
Amendments of 1994’.’’
Pub. L. 103–413, title I, § 101, Oct. 25, 1994, 108 Stat.
4250, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘Indian Self-Determination Contract Reform Act of 1994’.’’
Pub. L. 103–413, title II, § 201, Oct. 25, 1994, 108 Stat.
4270, provided that: ‘‘This title [enacting subchapter IV
(§ 5361 et seq.) of this chapter and provisions set out as
notes under section 5361 of this title] may be cited as
the ‘Tribal Self-Governance Act of 1994’.’’
SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101–644, title II, § 201, Nov. 29, 1990, 104 Stat.
4665, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘Indian Self-Determination and Education Assistance Act Amendments of
1990’.’’
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100–472, title I, § 101, Oct. 5, 1988, 102 Stat. 2285,
provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Indian Self-Determination and
Education Assistance Act Amendments of 1988’.’’
SHORT TITLE
Pub. L. 93–638, § 1, Jan. 4, 1975, 88 Stat. 2203, provided:
‘‘That this Act [enacting this chapter, section 13a of
this title, and section 2004b of Title 42, The Public
Health and Welfare, and amending section 3371 of Title
5, Government Organization and Employees, section

Page 654

4762 of Title 42, and section 3806 of Title 50, War and National Defense] may be cited as the ‘Indian Self-Determination and Education Assistance Act’.’’
Pub. L. 93–638, title I, § 101, Jan. 4, 1975, 88 Stat. 2206,
provided that: ‘‘This title [enacting subchapter I (§ 5321
et seq.) of this chapter and section 2004b of Title 42, The
Public Health and Welfare, and amending section 3371
of Title 5, Government Organization and Employees,
section 4762 of Title 42, and section 3806 of Title 50, War
and National Defense] may be cited as the ‘Indian SelfDetermination Act’.’’
Pub. L. 93–638, title II, § 201, Jan. 4, 1975, 88 Stat. 2213,
provided that: ‘‘This title [enacting subchapter III
(§ 5351 et seq.) of this chapter, sections 5345 to 5347 of
this title, and provisions set out as a note under section 5347 of this title] may be cited as the ‘Indian Education Assistance Act’.’’
Act April 16, 1934, ch. 147, 48 Stat. 596, which enacted
sections 5342 to 5348 of this title, is popularly known as
the ‘‘Johnson-O’Malley Act’’.
SAVINGS PROVISIONS
Pub. L. 100–472, title II, § 210, Oct. 5, 1988, 102 Stat.
2298, provided that: ‘‘Nothing in this Act [see Tables for
classification] shall be construed as—
‘‘(1) affecting, modifying, diminishing, or otherwise
impairing the sovereign immunity from suit enjoyed
by an Indian tribe; or
‘‘(2) authorizing or requiring the termination of any
existing trust responsibility of the United States
with respect to Indian people.’’
SEVERABILITY
Pub. L. 100–472, title II, § 211, Oct. 5, 1988, 102 Stat.
2298, provided that: ‘‘If any provision of this Act [see
Tables for classification] or the application thereof to
any Indian tribe, entity, person or circumstance is held
invalid, neither the remainder of this Act, nor the application of any provisions herein to other Indian
tribes, entities, persons, or circumstances, shall be affected thereby.’’
CONSULTATION WITH ALASKA NATIVE CORPORATIONS
Pub. L. 108–199, div. H, § 161, Jan. 23, 2004, 118 Stat. 452,
as amended by Pub. L. 108–447, div. H, title V, § 518, Dec.
8, 2004, 118 Stat. 3267, provided that: ‘‘The Director of
the Office of Management and Budget and all Federal
agencies shall hereafter consult with Alaska Native
corporations on the same basis as Indian tribes under
Executive Order No. 13175 [set out below].’’
EX. ORD. NO. 13175. CONSULTATION AND COORDINATION
WITH INDIAN TRIBAL GOVERNMENTS
Ex. Ord. No. 13175, Nov. 6, 2000, 65 F.R. 67249, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to establish regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have
tribal implications, to strengthen the United States
government-to-government relationships with Indian
tribes, and to reduce the imposition of unfunded mandates upon Indian tribes; it is hereby ordered as follows:
SECTION 1. Definitions. For purposes of this order:
(a) ‘‘Policies that have tribal implications’’ refers to
regulations, legislative comments or proposed legislation, and other policy statements or actions that have
substantial direct effects on one or more Indian tribes,
on the relationship between the Federal Government
and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and
Indian tribes.
(b) ‘‘Indian tribe’’ means an Indian or Alaska Native
tribe, band, nation, pueblo, village, or community that
the Secretary of the Interior acknowledges to exist as
an Indian tribe pursuant to the Federally Recognized
Indian Tribe List Act of 1994, 25 U.S.C. 479a [now 25
U.S.C. 5130].

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TITLE 25—INDIANS

(c) ‘‘Agency’’ means any authority of the United
States that is an ‘‘agency’’ under 44 U.S.C. 3502(1),
other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(5).
(d) ‘‘Tribal officials’’ means elected or duly appointed
officials of Indian tribal governments or authorized
intertribal organizations.
SEC. 2. Fundamental Principles. In formulating or implementing policies that have tribal implications,
agencies shall be guided by the following fundamental
principles:
(a) The United States has a unique legal relationship
with Indian tribal governments as set forth in the Constitution of the United States, treaties, statutes, Executive Orders, and court decisions. Since the formation
of the Union, the United States has recognized Indian
tribes as domestic dependent nations under its protection. The Federal Government has enacted numerous
statutes and promulgated numerous regulations that
establish and define a trust relationship with Indian
tribes.
(b) Our Nation, under the law of the United States, in
accordance with treaties, statutes, Executive Orders,
and judicial decisions, has recognized the right of Indian tribes to self-government. As domestic dependent
nations, Indian tribes exercise inherent sovereign powers over their members and territory. The United
States continues to work with Indian tribes on a government-to-government basis to address issues concerning Indian tribal self-government, tribal trust resources, and Indian tribal treaty and other rights.
(c) The United States recognizes the right of Indian
tribes to self-government and supports tribal sovereignty and self-determination.
SEC. 3. Policymaking Criteria. In addition to adhering
to the fundamental principles set forth in section 2,
agencies shall adhere, to the extent permitted by law,
to the following criteria when formulating and implementing policies that have tribal implications:
(a) Agencies shall respect Indian tribal self-government and sovereignty, honor tribal treaty and other
rights, and strive to meet the responsibilities that arise
from the unique legal relationship between the Federal
Government and Indian tribal governments.
(b) With respect to Federal statutes and regulations
administered by Indian tribal governments, the Federal
Government shall grant Indian tribal governments the
maximum administrative discretion possible.
(c) When undertaking to formulate and implement
policies that have tribal implications, agencies shall:
(1) encourage Indian tribes to develop their own policies to achieve program objectives;
(2) where possible, defer to Indian tribes to establish
standards; and
(3) in determining whether to establish Federal
standards, consult with tribal officials as to the need
for Federal standards and any alternatives that would
limit the scope of Federal standards or otherwise preserve the prerogatives and authority of Indian tribes.
SEC. 4. Special Requirements for Legislative Proposals.
Agencies shall not submit to the Congress legislation
that would be inconsistent with the policymaking criteria in Section 3.
SEC. 5. Consultation. (a) Each agency shall have an accountable process to ensure meaningful and timely
input by tribal officials in the development of regulatory policies that have tribal implications. Within 30
days after the effective date of this order, the head of
each agency shall designate an official with principal
responsibility for the agency’s implementation of this
order. Within 60 days of the effective date of this order,
the designated official shall submit to the Office of
Management and Budget (OMB) a description of the
agency’s consultation process.
(b) To the extent practicable and permitted by law,
no agency shall promulgate any regulation that has
tribal implications, that imposes substantial direct
compliance costs on Indian tribal governments, and
that is not required by statute, unless:
(1) funds necessary to pay the direct costs incurred by
the Indian tribal government or the tribe in complying

§ 5301

with the regulation are provided by the Federal Government; or
(2) the agency, prior to the formal promulgation of
the regulation,
(A) consulted with tribal officials early in the process of developing the proposed regulation;
(B) in a separately identified portion of the preamble to the regulation as it is to be issued in the
Federal Register, provides to the Director of OMB a
tribal summary impact statement, which consists of
a description of the extent of the agency’s prior consultation with tribal officials, a summary of the nature of their concerns and the agency’s position supporting the need to issue the regulation, and a statement of the extent to which the concerns of tribal officials have been met; and
(C) makes available to the Director of OMB any
written communications submitted to the agency by
tribal officials.
(c) To the extent practicable and permitted by law,
no agency shall promulgate any regulation that has
tribal implications and that preempts tribal law unless
the agency, prior to the formal promulgation of the
regulation,
(1) consulted with tribal officials early in the process
of developing the proposed regulation;
(2) in a separately identified portion of the preamble
to the regulation as it is to be issued in the Federal
Register, provides to the Director of OMB a tribal summary impact statement, which consists of a description
of the extent of the agency’s prior consultation with
tribal officials, a summary of the nature of their concerns and the agency’s position supporting the need to
issue the regulation, and a statement of the extent to
which the concerns of tribal officials have been met;
and
(3) makes available to the Director of OMB any written communications submitted to the agency by tribal
officials.
(d) On issues relating to tribal self-government, tribal trust resources, or Indian tribal treaty and other
rights, each agency should explore and, where appropriate, use consensual mechanisms for developing regulations, including negotiated rulemaking.
SEC. 6. Increasing Flexibility for Indian Tribal Waivers.
(a) Agencies shall review the processes under which
Indian tribes apply for waivers of statutory and regulatory requirements and take appropriate steps to
streamline those processes.
(b) Each agency shall, to the extent practicable and
permitted by law, consider any application by an Indian tribe for a waiver of statutory or regulatory requirements in connection with any program administered by the agency with a general view toward increasing opportunities for utilizing flexible policy approaches at the Indian tribal level in cases in which the
proposed waiver is consistent with the applicable Federal policy objectives and is otherwise appropriate.
(c) Each agency shall, to the extent practicable and
permitted by law, render a decision upon a complete
application for a waiver within 120 days of receipt of
such application by the agency, or as otherwise provided by law or regulation. If the application for waiver
is not granted, the agency shall provide the applicant
with timely written notice of the decision and the reasons therefor.
(d) This section applies only to statutory or regulatory requirements that are discretionary and subject
to waiver by the agency.
SEC. 7. Accountability.
(a) In transmitting any draft final regulation that
has tribal implications to OMB pursuant to Executive
Order 12866 of September 30, 1993 [5 U.S.C. 601 note],
each agency shall include a certification from the official designated to ensure compliance with this order
stating that the requirements of this order have been
met in a meaningful and timely manner.
(b) In transmitting proposed legislation that has tribal implications to OMB, each agency shall include a
certification from the official designated to ensure

§ 5301

TITLE 25—INDIANS

compliance with this order that all relevant requirements of this order have been met.
(c) Within 180 days after the effective date of this
order the Director of OMB and the Assistant to the
President for Intergovernmental Affairs shall confer
with tribal officials to ensure that this order is being
properly and effectively implemented.
SEC. 8. Independent Agencies. Independent regulatory
agencies are encouraged to comply with the provisions
of this order.
SEC. 9. General Provisions. (a) This order shall supplement but not supersede the requirements contained in
Executive Order 12866 (Regulatory Planning and Review) [5 U.S.C. 601 note], Executive Order 12988 (Civil
Justice Reform) [28 U.S.C. 519 note], OMB Circular
A–19, and the Executive Memorandum of April 29, 1994,
on Government-to-Government Relations with Native
American Tribal Governments [set out below].
(b) This order shall complement the consultation and
waiver provisions in sections 6 and 7 of Executive Order
13132 (Federalism) [5 U.S.C. 601 note].
(c) Executive Order 13084 (Consultation and Coordination with Indian Tribal Governments) [former 25 U.S.C.
450 note] is revoked at the time this order takes effect.
(d) This order shall be effective 60 days after the date
of this order.
SEC. 10. Judicial Review. This order is intended only to
improve the internal management of the executive
branch, and is not intended to create any right, benefit,
or trust responsibility, substantive or procedural, enforceable at law by a party against the United States,
its agencies, or any person.
WILLIAM J. CLINTON.
EX. ORD. NO. 13647. ESTABLISHING THE WHITE HOUSE
COUNCIL ON NATIVE AMERICAN AFFAIRS
Ex. Ord. No. 13647, June 26, 2013, 78 F.R. 39539, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to promote and sustain prosperous and resilient Native American tribal governments, it is hereby ordered as follows:
SECTION 1. Policy. The United States recognizes a government-to-government relationship, as well as a
unique legal and political relationship, with federally
recognized tribes. This relationship is set forth in the
Constitution of the United States, treaties, statutes,
Executive Orders, administrative rules and regulations,
and judicial decisions. Honoring these relationships
and respecting the sovereignty of tribal nations is critical to advancing tribal self-determination and prosperity.
As we work together to forge a brighter future for all
Americans, we cannot ignore a history of mistreatment
and destructive policies that have hurt tribal communities. The United States seeks to continue restoring
and healing relations with Native Americans and to
strengthen its partnership with tribal governments, for
our more recent history demonstrates that tribal selfdetermination—the ability of tribal governments to determine how to build and sustain their own communities—is necessary for successful and prospering communities. We further recognize that restoring tribal
lands through appropriate means helps foster tribal
self-determination.
This order establishes a national policy to ensure
that the Federal Government engages in a true and
lasting government-to-government relationship with
federally recognized tribes in a more coordinated and
effective manner, including by better carrying out its
trust responsibilities. This policy is established as a
means of promoting and sustaining prosperous and resilient tribal communities. Greater engagement and
meaningful consultation with tribes is of paramount
importance in developing any policies affecting tribal
nations.
To honor treaties and recognize tribes’ inherent sovereignty and right to self-government under U.S. law,

Page 656

it is the policy of the United States to promote the development of prosperous and resilient tribal communities, including by:
(a) promoting sustainable economic development,
particularly energy, transportation, housing, other infrastructure, entrepreneurial, and workforce development to drive future economic growth and security;
(b) supporting greater access to, and control over, nutrition and healthcare, including special efforts to confront historic health disparities and chronic diseases;
(c) supporting efforts to improve the effectiveness
and efficiency of tribal justice systems and protect
tribal communities;
(d) expanding and improving lifelong educational opportunities for American Indians and Alaska Natives,
while respecting demands for greater tribal control
over tribal education, consistent with Executive Order
13592 of December 2, 2011 (Improving American Indian
and Alaska Native Educational Opportunities and
Strengthening Tribal Colleges and Universities); and
(e) protecting tribal lands, environments, and natural
resources, and promoting respect for tribal cultures.
SEC. 2. Establishment. There is established the White
House Council on Native American Affairs (Council).
The Council shall improve coordination of Federal programs and the use of resources available to tribal communities.
SEC. 3. Membership. (a) The Secretary of the Interior
shall serve as the Chair of the Council, which shall also
include the heads of the following executive departments, agencies, and offices:
(i) the Department of State;
(ii) the Department of the Treasury;
(iii) the Department of Defense;
(iv) the Department of Justice;
(v) the Department of Agriculture;
(vi) the Department of Commerce;
(vii) the Department of Labor;
(viii) the Department of Health and Human Services;
(ix) the Department of Housing and Urban Development;
(x) the Department of Transportation;
(xi) the Department of Energy;
(xii) the Department of Education;
(xiii) the Department of Veterans Affairs;
(xiv) the Department of Homeland Security;
(xv) the Social Security Administration;
(xvi) the Office of Personnel Management;
(xvii) the Office of the United States Trade Representative;
(xviii) the Office of Management and Budget;
(xix) the Environmental Protection Agency;
(xx) the Small Business Administration;
(xxi) the Council of Economic Advisers;
(xxii) the Office of National Drug Control Policy;
(xxiii) the Domestic Policy Council;
(xxiv) the National Economic Council;
(xxv) the Office of Science and Technology Policy;
(xxvi) the Council on Environmental Quality;
(xxvii) the White House Office of Public Engagement
and Intergovernmental Affairs;
(xxviii) the Advisory Council on Historic Preservation;
(xxix) the Denali Commission;
(xxx) the White House Office of Cabinet Affairs; and
(xxxi) such other executive departments, agencies,
and offices as the Chair may, from time to time, designate.
(b) A member of the Council may designate a seniorlevel official, who is a full-time officer or employee of
the Federal Government, to perform his or her functions.
(c) The Department of the Interior shall provide funding and administrative support for the Council to the
extent permitted by law and within existing appropriations.
(d) The Council shall coordinate its policy development through the Domestic Policy Council.
(e) The Council shall coordinate its outreach to federally recognized tribes through the White House Office
of Public Engagement and Intergovernmental Affairs.

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TITLE 25—INDIANS

(f) The Council shall meet three times a year, with
any additional meetings convened as deemed necessary
by the Chair.
The Chair may invite other interested agencies and
offices to attend meetings as appropriate.
SEC. 4. Mission and Function of the Council. The Council shall work across executive departments, agencies,
and offices to coordinate development of policy recommendations to support tribal self-governance and improve the quality of life for Native Americans, and
shall coordinate the United States Government’s engagement with tribal governments and their communities. The Council shall:
(a) make recommendations to the President, through
the Director of the Domestic Policy Council, concerning policy priorities, including improving the effectiveness of Federal investments in Native American communities, where appropriate, to increase the impact of
Federal resources and create greater opportunities to
help improve the quality of life for Native Americans;
(b) coordinate, through the Director of the Office of
Public Engagement and Intergovernmental Affairs,
Federal engagement with tribal governments and Native American stakeholders regarding issues important
to Native Americans, including with tribal consortia,
small businesses, education and training institutions
including tribal colleges and universities, health-care
providers, trade associations, research and grant institutions, law enforcement, State and local governments,
and community and non-profit organizations;
(c) coordinate a more effective and efficient process
for executive departments, agencies, and offices to
honor the United States commitment to tribal consultation as set forth in Executive Order 13175 of November 6, 2000 (Consultation and Coordination With Indian Tribal Governments), and my memorandum of November 5, 2009 (Tribal Consultation); and
(d) assist the White House Office of Public Engagement and Intergovernmental Affairs in organizing the
White House Tribal Nations Conference each year by
bringing together leaders invited from all federally recognized Indian tribes and senior officials from the Federal Government to provide for direct government-togovernment discussion of the Federal Government’s Indian country policy priorities.
SEC. 5. General Provisions. (a) The heads of executive
departments, agencies, and offices shall assist and provide information to the Council, consistent with applicable law, as may be necessary to carry out the functions of the Council.
(b) Nothing in this order shall be construed to impair
or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(c) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(d) For purposes of this order, ‘‘federally recognized
tribe’’ means an Indian or Alaska Native tribe, band,
nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian
Tribe List Act of 1994, 25 U.S.C. 479a [now 25 U.S.C.
5130].
(e) For purposes of this order, ‘‘American Indian and
Alaska Native’’ means a member of an Indian tribe, as
membership is defined by the tribe.
(f) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
BARACK OBAMA.
GOVERNMENT-TO-GOVERNMENT RELATIONS WITH NATIVE
AMERICAN TRIBAL GOVERNMENTS
Memorandum of President of the United States, Apr.
29, 1994, 59 F.R. 22951, provided:

Memorandum for the Heads of Executive Departments and Agencies
The United States Government has a unique legal relationship with Native American tribal governments as
set forth in the Constitution of the United States, treaties, statutes, and court decisions. As executive departments and agencies undertake activities affecting Native American tribal rights or trust resources, such activities should be implemented in a knowledgeable,
sensitive manner respectful of tribal sovereignty.
Today, as part of an historic meeting, I am outlining
principles that executive departments and agencies, including every component bureau and office, are to follow in their interactions with Native American tribal
governments. The purpose of these principles is to clarify our responsibility to ensure that the Federal Government operates within a government-to-government
relationship with federally recognized Native American
tribes. I am strongly committed to building a more effective day-to-day working relationship reflecting respect for the rights of self-government due the sovereign tribal governments.
In order to ensure that the rights of sovereign tribal
governments are fully respected, executive branch activities shall be guided by the following:
(a) The head of each executive department and agency shall be responsible for ensuring that the department or agency operates within a government-to-government relationship with federally recognized tribal
governments.
(b) Each executive department and agency shall consult, to the greatest extent practicable and to the extent permitted by law, with tribal governments prior to
taking actions that affect federally recognized tribal
governments. All such consultations are to be open and
candid so that all interested parties may evaluate for
themselves the potential impact of relevant proposals.
(c) Each executive department and agency shall assess the impact of Federal Government plans, projects,
programs, and activities on tribal trust resources and
assure that tribal government rights and concerns are
considered during the development of such plans,
projects, programs, and activities.
(d) Each executive department and agency shall take
appropriate steps to remove any procedural impediments to working directly and effectively with tribal
governments on activities that affect the trust property and/or governmental rights of the tribes.
(e) Each executive department and agency shall work
cooperatively with other Federal departments and
agencies to enlist their interest and support in cooperative efforts, where appropriate, to accomplish the goals
of this memorandum.
(f) Each executive department and agency shall apply
the requirements of Executive Orders Nos. 12875 (‘‘Enhancing the Intergovernmental Partnership’’) [former 5
U.S.C. 601 note] and 12866 (‘‘Regulatory Planning and
Review’’) [5 U.S.C. 601 note] to design solutions and tailor Federal programs, in appropriate circumstances, to
address specific or unique needs of tribal communities.
The head of each executive department and agency
shall ensure that the department or agency’s bureaus
and components are fully aware of this memorandum,
through publication or other means, and that they are
in compliance with its requirements.
This memorandum is intended only to improve the
internal management of the executive branch and is
not intended to, and does not, create any right to administrative or judicial review, or any other right or
benefit or trust responsibility, substantive or procedural, enforceable by a party against the United States,
its agencies or instrumentalities, its officers or employees, or any other person.
The Director of the Office of Management and Budget
is authorized and directed to publish this memorandum
in the Federal Register.
WILLIAM J. CLINTON.
TRIBAL CONSULTATION
Memorandum of President of the United States, Nov.
5, 2009, 74 F.R. 57881, provided:

§ 5302

TITLE 25—INDIANS

Memorandum for the Heads of Executive Departments And Agencies
The United States has a unique legal and political relationship with Indian tribal governments, established
through and confirmed by the Constitution of the
United States, treaties, statutes, executive orders, and
judicial decisions. In recognition of that special relationship, pursuant to Executive Order 13175 of November 6, 2000, executive departments and agencies (agencies) are charged with engaging in regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have
tribal implications, and are responsible for strengthening the government-to-government relationship between the United States and Indian tribes.
History has shown that failure to include the voices
of tribal officials in formulating policy affecting their
communities has all too often led to undesirable and,
at times, devastating and tragic results. By contrast,
meaningful dialogue between Federal officials and tribal officials has greatly improved Federal policy toward
Indian tribes. Consultation is a critical ingredient of a
sound and productive Federal-tribal relationship.
My Administration is committed to regular and
meaningful consultation and collaboration with tribal
officials in policy decisions that have tribal implications including, as an initial step, through complete
and consistent implementation of Executive Order
13175. Accordingly, I hereby direct each agency head to
submit to the Director of the Office of Management and
Budget (OMB), within 90 days after the date of this
memorandum, a detailed plan of actions the agency
will take to implement the policies and directives of
Executive Order 13175. This plan shall be developed
after consultation by the agency with Indian tribes and
tribal officials as defined in Executive Order 13175. I
also direct each agency head to submit to the Director
of the OMB, within 270 days after the date of this
memorandum, and annually thereafter, a progress report on the status of each action included in its plan
together with any proposed updates to its plan.
Each agency’s plan and subsequent reports shall designate an appropriate official to coordinate implementation of the plan and preparation of progress reports
required by this memorandum. The Assistant to the
President for Domestic Policy and the Director of the
OMB shall review agency plans and subsequent reports
for consistency with the policies and directives of Executive Order 13175.
In addition, the Director of the OMB, in coordination
with the Assistant to the President for Domestic Policy, shall submit to me, within 1 year from the date of
this memorandum, a report on the implementation of
Executive Order 13175 across the executive branch
based on the review of agency plans and progress reports. Recommendations for improving the plans and
making the tribal consultation process more effective,
if any, should be included in this report.
The terms ‘‘Indian tribe,’’ ‘‘tribal officials,’’ and
‘‘policies that have tribal implications’’ as used in this
memorandum are as defined in Executive Order 13175.
The Director of the OMB is hereby authorized and directed to publish this memorandum in the Federal Register.
This memorandum is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other
person. Executive departments and agencies shall carry
out the provisions of this memorandum to the extent
permitted by law and consistent with their statutory
and regulatory authorities and their enforcement
mechanisms.
BARACK OBAMA.

§ 5302. Congressional declaration of policy
(a) Recognition of obligation of United States
The Congress hereby recognizes the obligation
of the United States to respond to the strong ex-

Page 658

pression of the Indian people for self-determination by assuring maximum Indian participation
in the direction of educational as well as other
Federal services to Indian communities so as to
render such services more responsive to the
needs and desires of those communities.
(b) Declaration of commitment
The Congress declares its commitment to the
maintenance of the Federal Government’s
unique and continuing relationship with, and responsibility to, individual Indian tribes and to
the Indian people as a whole through the establishment of a meaningful Indian self-determination policy which will permit an orderly transition from the Federal domination of programs
for, and services to, Indians to effective and
meaningful participation by the Indian people in
the planning, conduct, and administration of
those programs and services. In accordance with
this policy, the United States is committed to
supporting and assisting Indian tribes in the development of strong and stable tribal governments, capable of administering quality programs and developing the economies of their respective communities.
(c) Declaration of national goal
The Congress declares that a major national
goal of the United States is to provide the quantity and quality of educational services and opportunities which will permit Indian children to
compete and excel in the life areas of their
choice, and to achieve the measure of self-determination essential to their social and economic
well-being.
(Pub. L. 93–638, § 3, Jan. 4, 1975, 88 Stat. 2203; Pub.
L. 100–472, title I, § 102, Oct. 5, 1988, 102 Stat.
2285.)
CODIFICATION
Section was formerly classified to section 450a of this
title prior to editorial reclassification and renumbering
as this section.
AMENDMENTS
1988—Subsec. (b). Pub. L. 100–472 added subsec. (b) and
struck out former subsec. (b) which read as follows:
‘‘The Congress declares its commitment to the maintenance of the Federal Government’s unique and continuing relationship with and responsibility to the Indian
people through the establishment of a meaningful Indian self-determination policy which will permit an orderly transition from Federal domination of programs
for and services to Indians to effective and meaningful
participation by the Indian people in the planning, conduct, and administration of those programs and services.’’

§ 5303. Tribal and Federal advisory committees
Notwithstanding any other provision of law
(including any regulation), the Secretary of the
Interior and the Secretary of Health and Human
Services are authorized to jointly establish and
fund advisory committees or other advisory bodies composed of members of Indian tribes or
members of Indian tribes and representatives of
the Federal Government to ensure tribal participation in the implementation of the Indian SelfDetermination and Education Assistance Act
(Public Law 93–638) [25 U.S.C. 5301 et seq.].
(Pub. L. 101–644, title II, § 204, as added Pub. L.
103–435, § 22(b), Nov. 2, 1994, 108 Stat. 4575.)