Effective Date: November 06, 2000
|Responsible Office: Office of Equal Opportunity Programs|
|Subject: 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,
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(l), other than those considered
to be independent regulatory agencies, as defined in 44 U.S.C. 3502(5).
Sec. 2. Fundamental Principles. In formulating or implementing
policies that have tribal implications, agencies shall be guided by
the following fundamental principles:
(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.
Sec. 4. Special Requirements for Legislative Proposals. Agencies shall not submit to the Congress legislation that would be inconsistent with the policy-making 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
(C) makes available to the Director of OMB any written communications
submitted to the agency by tribal officials.
(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.
(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 Government-to-Government Relations with Native American Tribal
(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.
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.
/s/William J. Clinton
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