[Weekly Compilation of Presidential Documents Volume 30, Number 17 (Monday, May 2, 1994)]
[Pages 936-937]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Government-to-Government Relations With Native American 
Tribal Governments

April 29, 1994

Memorandum for the Heads of Executive Departments and Agencies

Subject: Government-to-Government Relations with Native American Tribal 
Governments

    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

[[Page 937]]

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.
                                            William J. Clinton

[Filed with the Office of the Federal Register, 3:49 p.m., May 2, 1994]

Note: This memorandum will be published in the Federal Register on May 
4.