[Federal Register Volume 59, Number 85 (Wednesday, May 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10877]


[[Page Unknown]]

[Federal Register: May 4, 1994]




                        Presidential Documents 


Federal Register
Vol. 59, No. 85
Wednesday, May 4, 1994

____________________________________________________________________

Title 3--
The President
                Memorandum of April 29, 1994

 

Government-to-Government Relations With Native 
                American Tribal Governments

                Memorandum for the Heads of Executive Departments and 
                Agencies

                The United States Government has a unique legal 
                relationship with Native American tribal governments as 
                set forth in the Constitution of the United States, 
                treaties, statutes, and court decisions. As executive 
                departments and agencies undertake activities affecting 
                Native American tribal rights or trust resources, such 
                activities should be implemented in a knowledgeable, 
                sensitive manner respectful of tribal sovereignty. 
                Today, as part of an historic meeting, I am outlining 
                principles that executive departments and agencies, 
                including every component bureau and office, are to 
                follow in their interactions with Native American 
                tribal governments. The purpose of these principles is 
                to clarify our responsibility to ensure that the 
                Federal Government operates within a government-to-
                government relationship with federally recognized 
                Native American tribes. I am strongly committed to 
                building a more effective day-to-day working 
                relationship reflecting respect for the rights of self-
                government due the sovereign tribal governments.

                In order to ensure that the rights of sovereign tribal 
                governments are fully respected, executive branch 
                activities shall be guided by the following:

                    (a) The head of each executive department and 
                agency shall be responsible for ensuring that the 
                department or agency operates within a government-to-
                government relationship with federally recognized 
                tribal governments.
                    (b) Each executive department and agency shall 
                consult, to the greatest extent practicable and to the 
                extent permitted by law, with tribal governments prior 
                to taking actions that affect federally recognized 
                tribal governments. All such consultations are to be 
                open and candid so that all interested parties may 
                evaluate for themselves the potential impact of 
                relevant proposals.
                    (c) Each executive department and agency shall 
                assess the impact of Federal Government plans, 
                projects, programs, and activities on tribal trust 
                resources and assure that tribal government rights and 
                concerns are considered during the development of such 
                plans, projects, programs, and activities.
                    (d) Each executive department and agency shall take 
                appropriate steps to remove any procedural impediments 
                to working directly and effectively with tribal 
                governments on activities that affect the trust 
                property and/or governmental rights of the tribes.
                    (e) Each executive department and agency shall work 
                cooperatively with other Federal departments and 
                agencies to enlist their interest and support in 
                cooperative efforts, where appropriate, to accomplish 
                the goals of this memorandum.
                    (f) Each executive department and agency shall 
                apply the requirements of Executive Orders Nos. 12875 
                (``Enhancing the Intergovernmental Partnership'') and 
                12866 (``Regulatory Planning and Review'') to design 
                solutions and tailor Federal programs, in appropriate 
                circumstances, to address specific or unique needs of 
                tribal communities.

                The head of each executive department and agency shall 
                ensure that the department or agency's bureaus and 
                components are fully aware of this memorandum, through 
                publication or other means, and that they are in 
                compliance with its requirements.

                This memorandum is intended only to improve the 
                internal management of the executive branch and is not 
                intended to, and does not, create any right to 
                administrative or judicial review, or any other right 
                or benefit or trust responsibility, substantive or 
                procedural, enforceable by a party against the United 
                States, its agencies or instrumentalities, its officers 
                or employees, or any other person.

                The Director of the Office of Management and Budget is 
                authorized and directed to publish this memorandum in 
                the Federal Register.

                    (Presidential Sig.)>


                THE WHITE HOUSE,

                    Washington, April 29, 1994.

[FR Doc. 94-10877
Filed 5-2-94; 3:49 pm]
Billing code 3110-01-M