EO 13175, “Consultation and Coordination With Indian Tribal Governments”

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Presidential Documents

Federal Register
Vol. 65, No. 218
Thursday, November 9, 2000

Title 3—

Executive Order 13175 of November 6, 2000

The President

Consultation and Coordination With Indian Tribal
Governments
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.
(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:

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Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Presidential Documents
(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 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

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Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Presidential Documents

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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, 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 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), Executive Order 12988 (Civil Justice Reform), OMB Circular
A–19, and the Executive Memorandum of April 29, 1994, on Governmentto-Government Relations with Native American Tribal Governments.
(b) This order shall complement the consultation and waiver provisions
in sections 6 and 7 of Executive Order 13132 (Federalism).
(c) Executive Order 13084 (Consultation and Coordination with Indian
Tribal Governments) is revoked at the time this order takes effect.
(d) This order shall be effective 60 days after the date of this order.

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Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Presidential Documents
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.

œ–
THE WHITE HOUSE,
November 6, 2000.
[FR Doc. 00–29003
Filed 11–8–00; 8:45 am]
Billing code 3195–01–P

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