[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Presidential Documents]
[Pages 7491-7492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02075]


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  Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / 
Presidential Documents  

[[Page 7491]]


                Memorandum of January 26, 2021

                
Tribal Consultation and Strengthening Nation-to-
                Nation Relationships

                Memorandum for the Heads of Executive Departments and 
                Agencies

                American Indian and Alaska Native Tribal Nations are 
                sovereign governments recognized under the Constitution 
                of the United States, treaties, statutes, Executive 
                Orders, and court decisions. It is a priority of my 
                Administration to make respect for Tribal sovereignty 
                and self-governance, commitment to fulfilling Federal 
                trust and treaty responsibilities to Tribal Nations, 
                and regular, meaningful, and robust consultation with 
                Tribal Nations cornerstones of Federal Indian policy. 
                The United States has made solemn promises to Tribal 
                Nations for more than two centuries. Honoring those 
                commitments is particularly vital now, as our Nation 
                faces crises related to health, the economy, racial 
                justice, and climate change--all of which 
                disproportionately harm Native Americans. History 
                demonstrates that we best serve Native American people 
                when Tribal governments are empowered to lead their 
                communities, and when Federal officials speak with and 
                listen to Tribal leaders in formulating Federal policy 
                that affects Tribal Nations.

                To this end, Executive Order 13175 of November 6, 2000 
                (Consultation and Coordination With Indian Tribal 
                Governments), charges all executive departments and 
                agencies with engaging in regular, meaningful, and 
                robust consultation with Tribal officials in the 
                development of Federal policies that have Tribal 
                implications. Tribal consultation under this order 
                strengthens the Nation-to-Nation relationship between 
                the United States and Tribal Nations. The Presidential 
                Memorandum of November 5, 2009 (Tribal Consultation), 
                requires each agency to prepare and periodically update 
                a detailed plan of action to implement the policies and 
                directives of Executive Order 13175. This memorandum 
                reaffirms the policy announced in that memorandum.

                Section 1. Consultation. My Administration is committed 
                to honoring Tribal sovereignty and including Tribal 
                voices in policy deliberation that affects Tribal 
                communities. The Federal Government has much to learn 
                from Tribal Nations and strong communication is 
                fundamental to a constructive relationship. 
                Accordingly, I hereby direct as follows:

                    (a) The head of each agency shall submit to the 
                Director of the Office of Management and Budget (OMB), 
                within 90 days of the date of this memorandum, a 
                detailed plan of actions the agency will take to 
                implement the policies and directives of Executive 
                Order 13175. The plan shall be developed after 
                consultation by the agency with Tribal Nations and 
                Tribal officials as defined in Executive Order 13175.
                    (b) Each agency's plan and subsequent reports shall 
                designate an appropriate agency official to coordinate 
                implementation of the plan and preparation of progress 
                reports required by this memorandum. These officials 
                shall submit reports to the Assistant to the President 
                for Domestic Policy (APDP) and the Director of OMB, who 
                will review agency plans and subsequent reports for 
                consistency with the policies and directives of 
                Executive Order 13175.
                    (c) The head of each agency shall submit to the 
                Director of OMB, within 270 days of the date of this 
                memorandum, and annually thereafter, a progress

[[Page 7492]]

                report on the status of each action included in the 
                agency's plan, together with any proposed updates to 
                its plan.
                    (d) The Director of OMB, in coordination with the 
                APDP, shall submit to the President, 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.

                Sec. 2. Definitions. The terms ``Tribal officials,'' 
                ``policies that have Tribal implications,'' and 
                ``agency'' as used in this memorandum are as defined in 
                Executive Order 13175.

                Sec. 3. General Provisions. (a) Nothing in this 
                memorandum shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This memorandum shall be implemented consistent 
                with applicable law and subject to the availability of 
                appropriations.
                    (c) 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.

                Sec. 4. Publication. The Director of OMB is authorized 
                and directed to publish this memorandum in the Federal 
                Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, January 26, 2021

[FR Doc. 2021-02075
Filed 1-28-21; 8:45 am]
Billing code 3110-01-P