[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Pages 74448-74451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25794]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Guidelines Stating Principles for Working With Federally 
Recognized Indian Tribes

AGENCY: Administration for Native Americans, Administration for 
Children and Families, Department of Health and Human Services.

ACTION: Notice.

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SUMMARY: The Department of Health and Human Services (HHS), 
Administration for Children and Families (ACF), is issuing guidelines 
stating principles for working with federally recognized Indian tribes.

DATES: Effective October 20, 2016.

FOR FURTHER INFORMATION CONTACT: Camille Loya, Director of Policy, 
Administration for Native Americans (ANA) at (202) 401-5964, or 
[email protected].

SUPPLEMENTARY INFORMATION: ACF states the following principles for 
working with federally recognized Indian tribes:
    Purpose: The mission of ACF is to foster health and well-being by 
providing federal leadership, partnership, and resources for the 
compassionate and effective delivery of human services. This mission 
has special application with respect to the government-to-government 
relationship with federally recognized Indian tribes, including Alaska 
Natives. ACF issues these Principles for Working with Federally 
Recognized Tribes to establish a policy standard governing ACF's 
relationships with federally recognized Indian tribes. The Principles 
are designed to build upon and complement ACF's Tribal Consultation 
Policy and to articulate ACF's commitment to promote and sustain strong 
government-to-government relationships, foster Indian self-
determination, support tribal sovereignty, and demonstrate transparency 
in ACF's actions as public servants.

[[Page 74449]]

    Bases and Authority: ACF's Principles are based upon the unique 
relationship between the federal government and Indian tribes affirmed 
by President Obama in the Memorandum for the Heads of Executive 
Departments and Agencies issued November 5, 2009. The Memorandum 
states:

    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.

    The HHS Consultation Policy affirms the nature of the relationship 
between the federal government and Indian tribes and the importance of 
clear policies:

    The U.S. Department of Health and Human Services (HHS) and 
Indian Tribes share the goal to establish clear policies to further 
the government-to-government relationship between the Federal 
Government and Indian Tribes.
* * * * *
    Since the formation of the Union, the United States (U.S.) has 
recognized Indian Tribes as sovereign nations. A unique government-
to-government relationship exists between Indian Tribes and the 
Federal Government. This relationship is grounded in the U.S. 
Constitution, numerous treaties, statutes, Federal case law, 
regulations and executive orders that establish and define a trust 
relationship with Indian Tribes. This relationship is derived from 
the political and legal relationship that Indian Tribes have with 
the Federal Government and is not based upon race.

    The Principles are derived from the general federal trust 
responsibility between the United States and tribes. Since the 
formation of the Union, the United States has recognized the inherent 
sovereignty of tribal nations. As a result, a unique government-to-
government relationship exists between American Indian and Alaska 
Native (AI/AN) tribes and the federal government. The government-to-
government relationship is political and independent of race or 
ethnicity. This relationship is grounded in the U.S. Constitution, 
numerous treaties, statutes, federal case law, regulations, and 
executive orders, as well as political, legal, moral, and ethical 
principles.
    ACF, as an Operating Division within HHS, hereby establishes this 
set of principles for working with federally recognized tribes, as 
defined in 25 U.S.C. 5304, in accord with ACF's vision of ``children, 
youth, families, individuals, and communities who are resilient, safe, 
healthy, and economically secure.'' These principles are intended to 
foster AI/AN health and well-being by providing federal leadership, 
partnership, and resources for compassionate and effective human 
services delivery.
    ACF establishes these principles in accordance with ACF values of 
dedication, excellence, professionalism, integrity, and stewardship. 
Once implemented, these principles will help ACF advance its values by 
establishing clear policies that further the government-to-government 
relationship between ACF and Indian tribes.
    ACF establishes this statement of principles to further the shared 
goal of thriving, resilient, safe, healthy, and economically secure 
children, families, and communities. Shared ACF and tribal goals also 
include, but are not limited to, strengthening health care by 
eliminating health and human service disparities Indians experience; 
ensuring access to critical health and human services; and advancing or 
enhancing health, safety, and well-being of AI/AN people. Finally, ACF 
and Indian tribes share the goal of establishing clear policies to 
further the government-to-government relationship between the federal 
government and Indian tribes.
    ACF establishes this statement of principles in order to complement 
existing ACF Tribal Consultation Policies. On November 5, 2009, 
President Obama signed an Executive Memorandum reaffirming the 
government-to-government relationship between Indian tribes and the 
federal government, directing each executive department and agency to 
submit a plan on consultation with tribal governments before developing 
regulatory policies that substantially affect this population. The 
importance of consultation with Indian tribes was affirmed through 
Presidential Memoranda in 1994, 2004, and 2009, and Executive Order 
13175 in 2000. The purpose of the ACF Tribal Consultation Policy is to 
build meaningful relationships with federally recognized tribes by 
engaging in open, continuous, and meaningful consultation that leads to 
information exchange, mutual understanding, and informed decision-
making.
    The principles build upon communication and decision-making 
protocols articulated in the ACF Tribal Consultation Policy by setting 
forth specific leadership and partnership principles intended to guide 
effective day-to-day human services delivery to AI/AN peoples.

Section I. Overarching Principles for Working With Federally Recognized 
Indian Tribes

     ACF strives to honor the unique legal relationship between 
the federal government and Indian tribes as defined at 25 U.S.C. 5304, 
and supports tribes' authority to exercise their inherent tribal 
powers.
     ACF recognizes tribal sovereignty and the principle that 
tribal nations have authority over tribal citizens.
     ACF recognizes tribal members as American citizens, as 
well as citizens of their respective tribes, who are entitled to all 
the benefits of other citizens of the states where they reside.
     ACF is committed to furthering the government-to-
government relationship with each tribe, which forms the heart of all 
federal Indian policy. ACF respects and supports tribes' authority to 
exercise their inherent sovereign powers, including the authority to 
manage their own affairs, to exist as nations, and exercise authority 
over their citizens and territory.
     ACF strives to act in accordance with the general trust 
responsibility between the United States and tribes. Trust 
responsibility is derived from treaties with tribes, statutes, and 
opinions of the U.S. Supreme Court and provides a fundamental basis for 
the relationship between the federal government and federally 
recognized Indian tribes.
     While not legally binding, in accord with the December 
2010 Presidential Proclamation under which the United States fully 
endorsed the United Nations Declaration on the Rights of Indigenous 
Peoples (UNDRIP), ACF promotes and pursues the objectives of UNDRIP, 
including, but not limited to, recognition that indigenous peoples are 
entitled to all human rights recognized in international law.
     ACF is committed to tribal self-determination, tribal 
autonomy, tribal nation-building, and the long-term goal of maximizing 
tribal control over governmental institutions in tribal communities 
recognizing that tribal problems are best addressed in federal-tribal 
partnership informed by tribal traditions, values, and custom.
     ACF works to evaluate and improve AI/AN children and 
families' health and well-being by collecting and analyzing AI/AN data, 
including, but not limited to, child welfare data, workforce and 
employment data, child development and school readiness data, data on 
at-risk and vulnerable youth, and evaluative social and economic data, 
with the goal of sharing information and knowledge gained to 
collaboratively address established tribal priorities.
     ACF supports state and tribal governments, courts, and 
human services systems to strengthen AI/AN families, protect AI/AN 
children, and ensure that AI/AN children and youth

[[Page 74450]]

have and maintain familial and cultural connections with their tribes 
and Indian, as defined at 25 U.S.C. 5304, extended families.
     In all its actions, ACF respects, supports, and promotes 
Indian tribes' authority to exercise inherent sovereign powers, 
including authority over both tribal citizens and property.

Section II. Consultation and Communication With Tribes

     ACF recognizes that the government-to-government 
relationship with Indian tribes merits regular, meaningful, and 
informed consultation with AI/AN tribal officials in the development of 
new or amended funding; amended funding formulas; and programmatic 
policies, regulations, and legislative actions initiated by ACF that 
affect or may affect tribes.
     ACF recognizes that--in addition to, but not in lieu of, 
formal consultation--there can be great benefit in timely, detailed, 
and informal communications with tribal officials and other community 
leaders.
     ACF acts to facilitate on-going, routine, informal 
communication with tribal programs in its day-to-day work.
     ACF seeks to integrate tribal consultation and 
communication responsibilities into the operational duties of all staff 
positions including managers, federal project officers, and program 
specialists.
     ACF recognizes that meaningful communication and, to the 
extent practicable, consultation on a government-to-government basis is 
sound ACF management policy and good governance.
     ACF supports the Intradepartmental Council on Native 
American Affairs, the HHS Secretary's Tribal Advisory Committee, the 
ACF Tribal Advisory Committee, and other task forces, advisory groups, 
and work teams that provide input from elected tribal representatives 
to ACF leaders and components, and to otherwise ensure human services 
coordination around issues affecting AI/AN populations.
     ACF supports Regional Office strategic partnerships and/or 
regionally structured coordinated communications with tribes and tribal 
programs to promote and facilitate strong tribal-state relationships 
and policy and to foster improved outcomes for Indian children, youth, 
and families through training on tribal consultation, providing 
introductions, sharing information, and ensuring timely follow-up on 
issues and concerns.

Section III. Culture and Mutual Respect

     ACF recognizes that each tribe's history and contemporary 
culture are unique, and that solutions that work for one tribe may not 
be suitable for others.
     ACF respects traditional tribal cultural practices and 
values and is committed to ensuring cultural competence and effective 
cross-cultural communication in day-to-day work.
     ACF seeks to foster an internal ACF culture at every level 
that encourages all staff to identify and be responsive to the needs of 
tribes and Indian people as part of routine deliberative and other work 
demonstrating respect for the Indian tribes we serve and with whom we 
partner.

Section IV. Nation-Building and Effective Delivery of Human Services to 
Indian Communities

     ACF believes that continuity of funding at sufficient 
levels for essential tribal social service functions is critical to the 
long-term growth of tribal nations and the economic, health, and social 
well-being of Indian peoples.
     In accord with Executive Order 13175, ACF seeks to 
maximize tribes' flexibility to administer grant programs within the 
prescribed statutory and regulatory parameters and thus design 
solutions responsive and appropriate to their communities while 
ensuring accountability.
     ACF believes that pilot and demonstration projects that 
are available to state or local governments should be available to 
tribal governments to the extent authorized by law, and endeavors, 
where appropriate and practicable, to locate pilot and demonstration 
projects in tribal communities.
     ACF is committed to partnering with tribes to build a 
continuum of research, as described ACF's Common Framework for 
Research, from descriptive studies to impact studies that build 
understanding of human service needs in tribal communities, high 
quality and culturally responsive services, and efficacy and 
effectiveness of services in improving relevant outcomes in tribal 
communities.
     ACF aims, through flexible provision of technical support, 
to help tribal grantees develop and operationalize their own 
performance measures and indicators, allowing for performance 
measurement over time and in a manner most meaningful to local tribal 
communities.
     ACF supports using data to collaborate in identifying and 
testing changes that support data-driven improvements in ACF-funded 
programs and projects.
     ACF is committed to implementing all statutes authorizing 
ACF programs and to working in partnership with tribes to strengthen 
tribal systems and institutions critical to fulfilling the purposes of 
these statutes.

V. Coordination and Outreach

     ACF, when working with external agencies on issues 
involving tribes, advocates respect for tribal self-determination, 
tribal autonomy, tribal nation-building, and the government-to-
government relationship.
     The Administration for Children and Families, through its 
regional offices, is committed to supporting tribes, states, and local 
jurisdictions to improve communication and meaningful consultation, and 
to build relationships among tribes, states, local, and private 
entities that promote resilient, safe, healthy, and economically secure 
Indian children, youth, families, and communities.
     ACF works to facilitate communication and build 
relationships among the federal agencies engaged with tribal 
governments and to promote the sharing of federal resources and 
expertise, including, but not limited to, identifying cross-training 
opportunities.
     Because of the relationship between the work of external 
institutions and the health and well-being of Indian children, youth, 
and families, ACF is committed to fostering coordinated efforts with 
educational, public safety, justice, housing, environmental protection, 
and public health services.

VI. Administrative Data Management

     In collaboration with Indian tribes, ACF aims to build 
knowledge of effective models, strategies, and approaches for 
addressing the needs and lifting the strengths and capacities of Indian 
children, youth, and families through a focus on collaborative research 
and evaluation.
     In collaboration with Indian tribes, ACF develops and 
implements a research agenda that identifies and addresses data gaps, 
builds tribal research and evaluation capacities, and disseminates 
research findings on issues determined, in partnership with tribes, to 
be significant.

VII. Sustainability

     ACF will ensure the ACF Guiding Principles are 
institutionalized through management and staff training so that 
progress in areas important to tribes and tribal communities continues 
consistent with ACF values of dedication, excellence, professionalism, 
integrity, stewardship, and respect.

[[Page 74451]]

     These ACF Guiding Principles are intended solely to 
improve the internal awareness and management of the ACF. They may only 
be implemented to the extent permitted by statute and regulations and 
are not intended to and do not create any right or benefit, substantive 
or procedural, enforceable at law or equity by any party in any matter, 
civil or criminal, against the United States, its departments, 
agencies, officers, employees, or agents, or any other person.

     Dated: October 20, 2016.
Mark H. Greenberg,
Acting Assistant Secretary for Children and Families.
     Dated: October 20, 2016.
Lillian Sparks Robinson,
Commissioner, Administration for Native Americans.
[FR Doc. 2016-25794 Filed 10-25-16; 8:45 am]
 BILLING CODE 4184-40-P