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:

(
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
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
Governmentto­
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.

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.

William
Jefferson
Clinton
THE
WHITE
HOUSE,
November
6,
2000.
[
FR
Doc.
0029003]

1.
###
