[Weekly Compilation of Presidential Documents Volume 34, Number 20 (Monday, May 18, 1998)]
[Pages 869-870]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13084--Consultation and Coordination With Indian Tribal
Governments
May 14, 1998
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. In treaties, our
Nation has guaranteed 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, trust resources, and
Indian tribal treaty and other rights.
Therefore, 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
Indian tribal governments in the development of regulatory practices on
Federal matters that significantly or uniquely affect their communities;
to reduce the imposition of unfunded mandates upon Indian tribal
governments; and to streamline the application process for and increase
the availability of waivers to Indian tribal governments; it is hereby
ordered as follows:
Section 1. Definitions. For purposes of this order:
(a) ``State'' or ``States'' refer to the States of the United States
of America, individually or collectively, and, where relevant, to State
governments, including units of local government and other political
subdivisions established by the States.
(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).
Sec. 2. Policymaking Criteria. In formulating policies significantly
or uniquely affecting Indian tribal governments, agencies shall be
guided, to the extent permitted by law, by principles of respect for
Indian tribal self-government and sovereignty, for tribal treaty and
other rights, and for responsibilities that arise from the unique legal
relationship between the Federal Government and Indian tribal
governments.
Sec. 3. Consultation. (a) Each agency shall have an effective
process to permit elected officials and other representatives of Indian
tribal governments to provide meaningful and timely input in the
development of regulatory policies on matters that significantly or
uniquely affect their communities.
(b) To the extent practicable and permitted by law, no agency shall
promulgate any regulation that is not required by statute, that
significantly or uniquely affects the communities of the Indian tribal
governments, and that imposes substantial direct compliance costs on
such communities, unless:
(1) funds necessary to pay the direct costs incurred by the Indian
tribal government in complying with the regulation are provided by the
Federal Government; or
(2) the agency, prior to the formal promulgation of the regulation,
(A) in a separately identified portion of the preamble to the
regulation as it is to be
[[Page 870]]
issued in the Federal Register, provides to the Director of the Office
of Management and Budget a description of the extent of the agency's
prior consultation with representatives of affected Indian tribal
governments, a summary of the nature of their concerns, and the agency's
position supporting the need to issue the regulation; and
(B) makes available to the Director of the Office of Management and
Budget any written communications submitted to the agency by such Indian
tribal governments.
Sec. 4. Increasing Flexibility for Indian Tribal Waivers. (a)
Agencies shall review the processes under which Indian tribal
governments 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 tribal government for a
waiver of statutory or regulatory requirements in connection with any
program administered by that 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. The agency shall
provide the applicant with timely written notice of the decision and, if
the application for a waiver is not granted, the reasons for such
denial.
(d) This section applies only to statutory or regulatory
requirements that are discretionary and subject to waiver by the agency.
Sec. 5. Cooperation in developing regulations. On issues relating to
tribal self-government, trust resources, or treaty and other rights,
each agency should explore and, where appropriate, use consensual
mechanisms for developing regulations, including negotiated rulemaking.
Sec. 6. Independent agencies. Independent regulatory agencies are
encouraged to comply with the provisions of this order.
Sec. 7. General provisions. (a) This order is intended only to
improve the internal management of the executive branch and is not
intended to, and does not, create any right, benefit, or trust
responsibility, substantive or procedural, enforceable at law or equity
by a party against the United States, its agencies or instrumentalities,
its officers or employees, or any other person.
(b) 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.
(c) This order shall complement the consultation and waiver
provisions in sections 4 and 5 of the Executive order, entitled
``Federalism,'' being issued on this day.
(d) This order shall be effective 90 days after the date of this
order.
William J. Clinton
The White House,
May 14, 1998.
[Filed with the Office of the Federal Register, 11:24 a.m., May 18,
1998]
Note: This Executive order will be published in the Federal Register on
May 19.