Memorandum from President Clinton
On Government-to-Government
Relations with Tribal Governments
Contact: White House Press Office, 202-456-2100
WASHINGTON, April 29, 93 /U.S. Newswire/ -- Following is a
memorandum for heads of executive departments and agencies
on government-to-government relations with Native Americans:
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:
- 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
ecognized tribal governments.
- 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 may evaluate for
themselves the potential impact of relevant proposals.
- 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.
- 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 effect the
trust property and/or governmental rights of the tribes.
- 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.
- 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
U.S. Newswire
202-347-2770
Return to: The People's Paths
The People's home page!