[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