[Federal Register Volume 74, Number 215 (Monday, November 9, 2009)]
[Presidential Documents]
[Pages 57881-57882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27142]



[[Page 57879]]

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Part IV





The President





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Memorandum of November 5, 2009--Tribal Consultation
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  Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 / 
Presidential Documents  

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 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