[Federal Register Volume 65, Number 218 (Thursday, November 9, 2000)]
[Presidential Documents]
[Pages 67249-67252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29003]
Presidential Documents
Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 67249]]
Executive Order 13175 of November 6, 2000
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:
[[Page 67250]]
(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
[[Page 67251]]
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 Government-to-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.
[[Page 67252]]
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.
(Presidential Sig.)
THE WHITE HOUSE,
November 6, 2000.
[FR Doc. 00-29003
Filed 11-8-00; 8:45 am]
Billing code 3195-01-P