SO 3206, “American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act”

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(D) Nothing in this Order shall be applied to authorize direct (directed) take of listed species,
or any activity that would jeopardize the continued existence of any listed species or destroy or
adversely modify designated critical habitat. Incidental take issues under this Order are
addressed in Principle 3(C) of Section 5.
(E) Nothing in this Order shall require additional procedural requirements for substantially
completed Departmental actions, activities, or policy initiatives.
(F) Implementation of this Order shall be subject to the availability of resources and the
requirements of the Anti-Deficiency Act.
(G) Should any tribe(s) and the Department(s) agree that greater efficiency in the
implementation of this Order can be achieved, nothing in this Order shall prevent them from
implementing strategies to do so.
(H) This Order shall not be construed to supersede, amend, or otherwise modify or affect the
implementation of, existing agreements or understandings with the Departments or their
agencies, bureaus, or offices including, but not limited to, memoranda of understanding,
memoranda of agreement, or statements of relationship, unless mutually agreed by the signatory
parties.
Sec. 3. DefInitions. For the purposes of this Order, except as otherwise expressly provided,
the following terms shall apply:
(A) The term "Indian tribe" shall mean any Indian tribe, band, nation, pueblo, community or
other organized group within the United States which the Secretary of the Interior has identified
on the most current list of triBes maintained by the Bureau of Indian Affairs.
(B) The term "tribal trust resources" means those natural resources, either on or off Indian
lands, retained by, or reserved by or for Indian tribes through treaties, statutes, judicial
decisions, and executive orders, which are protected by a fiduciary obligation on the part of the
United States.
(C) The term "tribal rights" means those rights legally accruing to a tribe or tribes by virtue
of inherent sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions,
executive order or agreement, and which give rise to legally enforceable remedies.
term "Indian lands" means any lands
to which is either: 1) held
trust by
United States for the benefit of any Indian tribe or individual; or 2) held by any Indian tribe or
mdllVldmll subject to restrictions by the United States against a1u~natlOin..

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Sec. 4. Backeround. The unique and distinctive political relationship between the United
States and Indian tribes is defined by treaties, statutes, executive orders, judicial decisions, and
agreements, and differentiates tribes from other entities that deal with, or are affected by, the
federal government. This relationship has given rise to a special federal trust responsibility,
involving the legal responsibilities and obligations of the United States toward Indian tribes and
the application of fiduciary standards of due care with respect to Indian lands, tribal trust
resources, and the exercise of tribal rights.
The Departments recognize the importance of tribal self-governance and the protocols of
a government-to-government relationship with Indian tribes. Long-standing Congressional and
Administrative policies promote tribal self-government, self-sufficiency, and self-determination,
recognizing and endorsing the fundamental rights of tribes to set their own priorities and make
decisions affecting their resources and distinctive ways of life. The Departments recognize and
respect, and shall consider, the value that tribal traditional knowledge provides to tribal and
federal land management decision-making and tribal resource management activities. The
Departments recognize that Indian tribes are governmental sovereigns; inherent in this sovereign
authority is the power to make and enforce laws, administer justice, manage and control Indian
lands, exercise tribal rights and protect tribal trust resources. The Departments shall be sensitive
to the fact that Indian cultures, religions, and spirituality often involve ceremonial and medicinal
uses of plants, animals, and specific geographic places.
Indian lands are not federal public lands or part of the public domain, and are not subject
to federal public land laws. They were retained by tribes or were set aside for tribal use
pursuant to treaties, statutes, judicial decisions, executive orders or agreements. These lands
are managed by Indian tribes in accordance with tribal goals and objectives, within the
framework of applicable laws.
Because of the unique government-to-government relationship between Indian tribes and
the United States, the Departments and affected Indian tribes need to establish and maintain
effective working relationships and mutual partnerships to promote the conservation of sensitive
species (including candidate, proposed and listed species) and the health of ecosystems upon
which they depend. Such relationships should focus on cooperative assistance, consultation, the
sharing of information, and the creation of government-to-government partnerships to promote
healthy ecosystems.
In facilitating a government-to-government relationship, the Departments may work with
intertribal organizations, to the extent such organizations are authorized by their member tribes
to carry out resource management responsibilities.
Sec. 5. Responsibilities. To achieve the objectives of this Order , the heads of all agencies,
bureaus and offices
the Department of
the Administrator the National
Oceanic and Atmospheric Administration (NOAA)
the Department
Commerce,
responsible
ensuring
following dmectlves are followed: