Tribal Consultation, 57881-57882 [E9-27142]
Download as PDF
57881
Presidential Documents
Federal Register
Vol. 74, No. 215
Monday, November 9, 2009
Title 3—
Memorandum of November 5, 2009
The President
Tribal Consultation
Memorandum for the Heads of Executive Departments And Agencies
The United States has a unique legal and political relationship with Indian
tribal governments, established through and confirmed by the Constitution
of the United States, treaties, statutes, executive orders, and judicial decisions. In recognition of that special relationship, pursuant to Executive Order
13175 of November 6, 2000, executive departments and agencies (agencies)
are charged with engaging in regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that
have tribal implications, and are responsible for strengthening the government-to-government relationship between the United States and Indian tribes.
History has shown that failure to include the voices of tribal officials in
formulating policy affecting their communities has all too often led to undesirable and, at times, devastating and tragic results. By contrast, meaningful
dialogue between Federal officials and tribal officials has greatly improved
Federal policy toward Indian tribes. Consultation is a critical ingredient
of a sound and productive Federal-tribal relationship.
My Administration is committed to regular and meaningful consultation
and collaboration with tribal officials in policy decisions that have tribal
implications including, as an initial step, through complete and consistent
implementation of Executive Order 13175. Accordingly, I hereby direct each
agency head to submit to the Director of the Office of Management and
Budget (OMB), within 90 days after the date of this memorandum, a detailed
plan of actions the agency will take to implement the policies and directives
of Executive Order 13175. This plan shall be developed after consultation
by the agency with Indian tribes and tribal officials as defined in Executive
Order 13175. I also direct each agency head to submit to the Director
of the OMB, within 270 days after the date of this memorandum, and
annually thereafter, a progress report on the status of each action included
in its plan together with any proposed updates to its plan.
mstockstill on DSKH9S0YB1PROD with PRESDOCO0
Each agency’s plan and subsequent reports shall designate an appropriate
official to coordinate implementation of the plan and preparation of progress
reports required by this memorandum. The Assistant to the President for
Domestic Policy and the Director of the OMB shall review agency plans
and subsequent reports for consistency with the policies and directives
of Executive Order 13175.
In addition, the Director of the OMB, in coordination with the Assistant
to the President for Domestic Policy, shall submit to me, within 1 year
from the date of this memorandum, a report on the implementation of
Executive Order 13175 across the executive branch based on the review
of agency plans and progress reports. Recommendations for improving the
plans and making the tribal consultation process more effective, if any,
should be included in this report.
The terms ‘‘Indian tribe,’’ ‘‘tribal officials,’’ and ‘‘policies that have tribal
implications’’ as used in this memorandum are as defined in Executive
Order 13175.
The Director of the OMB is hereby authorized and directed to publish
this memorandum in the Federal Register.
VerDate Nov<24>2008
17:35 Nov 06, 2009
Jkt 220001
PO 00000
Frm 00003
Fmt 4705
Sfmt 4790
E:\FR\FM\09NOO0.SGM
09NOO0
57882
Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 / Presidential Documents
This memorandum is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by any
party against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person. Executive departments
and agencies shall carry out the provisions of this memorandum to the
extent permitted by law and consistent with their statutory and regulatory
authorities and their enforcement mechanisms.
THE WHITE HOUSE,
Washington, November 5, 2009.
[FR Doc. E9–27142
Filed 11–6–09; 11:15 am]
VerDate Nov<24>2008
17:35 Nov 06, 2009
Jkt 220001
PO 00000
Frm 00004
Fmt 4705
Sfmt 4790
E:\FR\FM\09NOO0.SGM
09NOO0
OB#1.EPS
mstockstill on DSKH9S0YB1PROD with PRESDOCO0
Billing code 3110–01–P
Agencies
[Federal Register Volume 74, Number 215 (Monday, November 9, 2009)]
[Presidential Documents]
[Pages 57881-57882]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27142]
[[Page 57879]]
-----------------------------------------------------------------------
Part IV
The President
-----------------------------------------------------------------------
Memorandum of November 5, 2009--Tribal Consultation
Presidential Documents
Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 57881]]
Memorandum of November 5, 2009
Tribal Consultation
Memorandum for the Heads of Executive Departments And
Agencies
The United States has a unique legal and political
relationship with Indian tribal governments,
established through and confirmed by the Constitution
of the United States, treaties, statutes, executive
orders, and judicial decisions. In recognition of that
special relationship, pursuant to Executive Order 13175
of November 6, 2000, executive departments and agencies
(agencies) are charged with engaging in regular and
meaningful consultation and collaboration with tribal
officials in the development of Federal policies that
have tribal implications, and are responsible for
strengthening the government-to-government relationship
between the United States and Indian tribes.
History has shown that failure to include the voices of
tribal officials in formulating policy affecting their
communities has all too often led to undesirable and,
at times, devastating and tragic results. By contrast,
meaningful dialogue between Federal officials and
tribal officials has greatly improved Federal policy
toward Indian tribes. Consultation is a critical
ingredient of a sound and productive Federal-tribal
relationship.
My Administration is committed to regular and
meaningful consultation and collaboration with tribal
officials in policy decisions that have tribal
implications including, as an initial step, through
complete and consistent implementation of Executive
Order 13175. Accordingly, I hereby direct each agency
head to submit to the Director of the Office of
Management and Budget (OMB), within 90 days after the
date of this memorandum, a detailed plan of actions the
agency will take to implement the policies and
directives of Executive Order 13175. This plan shall be
developed after consultation by the agency with Indian
tribes and tribal officials as defined in Executive
Order 13175. I also direct each agency head to submit
to the Director of the OMB, within 270 days after the
date of this memorandum, and annually thereafter, a
progress report on the status of each action included
in its plan together with any proposed updates to its
plan.
Each agency's plan and subsequent reports shall
designate an appropriate official to coordinate
implementation of the plan and preparation of progress
reports required by this memorandum. The Assistant to
the President for Domestic Policy and the Director of
the OMB shall review agency plans and subsequent
reports for consistency with the policies and
directives of Executive Order 13175.
In addition, the Director of the OMB, in coordination
with the Assistant to the President for Domestic
Policy, shall submit to me, within 1 year from the date
of this memorandum, a report on the implementation of
Executive Order 13175 across the executive branch based
on the review of agency plans and progress reports.
Recommendations for improving the plans and making the
tribal consultation process more effective, if any,
should be included in this report.
The terms ``Indian tribe,'' ``tribal officials,'' and
``policies that have tribal implications'' as used in
this memorandum are as defined in Executive Order
13175.
The Director of the OMB is hereby authorized and
directed to publish this memorandum in the Federal
Register.
[[Page 57882]]
This memorandum is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person. Executive departments and agencies shall
carry out the provisions of this memorandum to the
extent permitted by law and consistent with their
statutory and regulatory authorities and their
enforcement mechanisms.
(Presidential Sig.)
THE WHITE HOUSE,
Washington, November 5, 2009.
[FR Doc. E9-27142
Filed 11-6-09; 11:15 am]
Billing code 3110-01-P