THE WHITE HOUSE
Office of the Press Secretary
________________________________________________________________________
For Immediate Release 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 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 effect 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