Before the

Federal Communications Commission

Washington, D.C. 20554

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| In the Matter of                               | [)]{.smallcaps}     |
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| Statement of Policy on Establishing            | [)]{.smallcaps}     |
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| a Government-to-Government                     | [)]{.smallcaps}     |
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| Relationship with Indian Tribes                | [)]{.smallcaps}     |
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[Policy Statement]{.underline}

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  Adopted: June 8, 2000;                   Released: June 23, 2000

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By the Commission:

**I. BACKGROUND**

Since the passage of the Telecommunications Act of 1996,[^1] the Federal
Communications Commission has made particular efforts to ensure that all
Americans, in all regions of the United States, have the opportunity to
access telecommunications and information services.[^2] Notwithstanding
such efforts to promote ubiquitous service, the Commission[^3] has
recognized that certain communities, particularly Indian reservations
and Tribal lands, remain underserved, with some areas having no service
at all.[^4]

The Commission initially responded to this problem by convening two
Commissioner-level meetings with Indian tribal leaders, senior
representatives from other government agencies, and FCC staff. In these
meetings, Indian leaders identified problems ranging from geographic
isolation to lack of information to economic barriers and asked the
Commission to respond. The Commission then organized formal field
hearings in New Mexico and Arizona, in January and March of 1999, where
Indian leaders, telecommunications service providers, local public
officials, and consumer advocates testified on many issues, including
the quality of telephone service on reservations; the costs of
delivering services to remote areas having very low population
densities; and the complexities of governmental jurisdiction and
sovereignty issues.

Based on the data and analysis provided during these proceedings and in
numerous other informal meetings and conversations with Tribal members,
officials, and advocacy organizations, the FCC initiated two
comprehensive rulemaking proposals that target impediments to telephone
service on reservations. The first rulemaking proposal sought comment
on, among other things, how current universal service programs might be
modified to increase telephone subscribership by providing targeted
support to, or otherwise creating incentives for, carriers currently
serving Indian Tribes or those potentially willing to do so. The other
rulemaking explored topics including how current wireless service rules
might be modified to permit and encourage economically efficient
wireless service to Indian communities.[^5]

In addition to these substantive proposals, the Commission also seeks to
respond to the many requests of Indian leaders for a statement of policy
that recognizes Tribal sovereignty, federal trust principles, and the
importance of agency consultation with federally-recognized Indian
Tribes.[^6]

Accordingly, the Commission hereby reaffirms its commitment to promote a
government-to-government relationship between the FCC and
federally-recognized Indian Tribes. This policy statement is not
intended to, and does not, create any right enforceable in any cause of
action by any party against the United States, it**s** agencies or
instrumentalities, officers or employees, or any person.

### DEFINITIONS

In this Statement of Policy, we refer to \"Indian Tribes\" and "Tribal
Governments."

The term \"Indian Tribe\[s\]\" or \"Federally-Recognized Indian Tribes\"
means any Indian or Alaska Native tribe, band, nation, pueblo, village
or community which is acknowledged by the federal government to
constitute a government-to-government relationship with the United
States and eligible for the programs and services established by the
United States for Indians. *See The Federally Recognized Indian Tribe
List Act of 1994* (Indian Tribe Act), Pub. L. 103-454, 108 Stat. 4791
(1994) (the Secretary of the Interior is required to publish in the
Federal Register an annual list of all Indian Tribes which the Secretary
recognizes to be eligible for the special programs and services provided
by the United States to Indians because of their status as Indians).

The term \"Tribal Governments\" means the recognized government of an
Indian Tribe that has been determined eligible to receive services from
the Department of Interior, Bureau of Indian Affairs*. See Indian
Entities Recognized and Eligible to Receive Services from the United
States Bureau of Indian Affairs*, 65 Fed. Reg. 13298 (March 13, 2000).

# III. REAFFIRMATION OF PRINCIPLES OF TRIBAL SOVEREIGNTY AND THE FEDERAL TRUST RESPONSIBILITY

The Commission recognizes the unique legal relationship that exists
between the federal government and Indian Tribal governments, as
reflected in the Constitution of the United States[^7], treaties,
federal statutes, Executive orders, and numerous court decisions. As
domestic dependant nations, Indian Tribes exercise inherent sovereign
powers over their members and territory. The federal government has a
federal trust relationship with Indian Tribes[^8], and this historic
trust relationship requires the federal government to adhere to certain
fiduciary standards in its dealings with Indian Tribes.[^9] In this
regard, the Commission recognizes that the federal government has a
longstanding policy of promoting tribal self-sufficiency and economic
development as embodied in various federal statutes.[^10]

The Commission also recognizes that the Federally Recognized Indian
Tribe List Act of 1994[^11], makes a finding that the federal government
has a trust responsibility to and a government-to-government
relationship with recognized tribes.[^12]

Therefore, as an independent agency of the federal government, the
Commission recognizes its own general trust relationship with, and
responsibility to, federally-recognized Indian Tribes. The Commission
also recognizes the rights of Indian Tribal governments to set their own
communications priorities and goals for the welfare of their membership.

The Commission hereby reaffirms its commitment to the following goals
and principles:

1\. The Commission will endeavor to work with Indian Tribes on a
government-to-government basis consistent with the principles of Tribal
self-governance to ensure, through its regulations and policy
initiatives, and consistent with Section 1 of the Communications Act of
1934, that Indian Tribes have adequate access to communications
services.

2\. The Commission, in accordance with the federal government's trust
responsibility, and to the extent practicable, will consult with Tribal
governments prior to implementing any regulatory action or policy that
will significantly or uniquely affect Tribal governments, their land and
resources.

3\. The Commission will strive to develop working relationships with
Tribal governments, and will endeavor to identify innovative mechanisms
to facilitate Tribal consultation in agency regulatory processes that
uniquely affect telecommunications compliance activities, radio spectrum
policies, and other telecommunications service-related issues on Tribal
lands.

4\. The Commission will endeavor to streamline its administrative
process and procedures to remove undue burdens that its decisions and
actions place on Indian Tribes. As administrative and organizational
impediments that limit the FCC's ability to work with Indian Tribes,
consistent with this Policy Statement, are identified, the Commission
will seek to remove those impediments to the extent authorized by law.

5\. The Commission will assist Indian Tribes in complying with Federal
communications statutes and regulations.

6\. The Commission will seek to identify and establish procedures and
mechanisms to educate Commission staff about Tribal governments and
Tribal cultures, sovereignty rights, Indian law, and Tribal
communications needs.

7\. The Commission will work cooperatively with other Federal
departments and agencies, Tribal, state and local governments to further
the goals of this policy and to address communications problems, such as
low penetration rates and poor quality services on reservations, and
other problems of mutual concern.

8\. The Commission will welcome submissions from Tribal governments and
other concerned parties as to other actions the Commission might take to
further the goals and principles presented herein.

9\. The Commission will incorporate these Indian policy goals into its
ongoing and long-term planning and management activities, including its
policy proposals, management accountability system and ongoing policy
development processes.

**IV. ORDERING CLAUSE**

Accordingly, IT IS ORDERED THAT this Policy Statement IS ADOPTED.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Magalie Roman Salas
>
> Secretary

[^1]: *See* Pub. L. No. 104-104, 110 Stat. 56 (1996), amending the
    Communications Act of 1934, 47 U.S.C. § 151, *et seq.,* (1996 Act).
    In addition, Section 1 of the Communications Act, as amended,
    directs the Commission to "regulate interstate and foreign commerce
    in communication by wire and radio so as to make available, so far
    as possible, to all the people of the United States, without
    discrimination on the basis of race, color, religion, national
    origin, or sex..."

[^2]: The 1996 Act mandates that "consumers in all regions of the
    Nation, including low-income consumers and those in rural, insular,
    and high\[-\] cost areas, should have access to telecommunications
    and information services . . . ." 47 U.S.C. § 254(b)(3).

[^3]: The "Commission" or "FCC" means the Federal Communications
    Commission as defined in the Communications Act of 1934, as amended.

[^4]: The Commission's goal of providing telecommunications services to
    reservations is also statutorily grounded in other provisions,
    including Sections 214(e)(3) and (6) and Section 254(i) of the 1996
    Act.

[^5]: This policy statement is being released contemporaneously with the
    Wireless Bureau's Report and Order in WT Docket No. 99-266
    (Extending Wireless Service to Tribal Lands), and the Common Carrier
    Bureau's Report and Order in the Universal Service proceeding, CC
    Docket No. 96-45 (Federal-State Joint Board on Universal Service;
    Promoting Deployment and Subscribership in Universal and Underserved
    Areas, Including Tribal and Insular Areas).

[^6]: In fact, many of the commenters in the wireless and common carrier
    rulemakings, including the Cheyenne River Sioux Telephone Authority;
    the Oglala Sioux Tribe; Chickasaw Nation; Mohegan Tribe; Walker
    River Paiute Tribe; the Picuris Pueblo; the Tuscarora Indian Nation;
    Salt River Pima-Maricopa Indian Community; Tohono O'odham Nation;
    Gila River Telecommunications, Inc.; Crow Tribe of Indians of
    Montana; and the All Indian Pueblo Council have urged the FCC to
    adopt a policy statement and/or to establish a
    government-to-government relationship with Indian Tribes.

[^7]: The U.S. Constitution cedes to the federal government all power
    "to regulate commerce...with the Indian Tribes." U.S. Const. art. I,
    § 8, cl. 3.

[^8]: *See, e.g., Seminole Nation v. United States*, 316 U.S. 286, 296
    (1942) (citing *Cherokee Nation v. State of Georgia*, 30 U.S. 1
    (1831); *United States v. Kagama*, 118 U.S. 375 (1886); *Choctaw
    Nation v. United States*, 119 U.S. 1 (1886); *United States v.
    Pelican*, 232 U.S. 442 (1914); *United States v. Creek Nation*, 295
    U.S. 103 (1935); *Tulee v. State of Washington*, 315 U.S. 681
    (1942).

[^9]: *See, e.g.*, *U.S. v. Mitchell*, 463 U.S. 206 (1983).

[^10]: *See, e.g.*, *The Indian Financing Act of 1974*, 25 U.S.C. §
    1451(1974); *The* *Indian Self-Determination and Education
    Assistance Act of 1975*, 25 U.S.C. § 450 (1975); *The Indian
    Reorganization Act of 1934*, 25 U.S.C. § 461 (1934); and the *Indian
    Civil Rights Act of 1968*, 25 U.S.C. § 1301 (1968). *See also, White
    Mountain Apache Tribe v. Bracker*, 448 U.S. 136, 142 (1980); *New
    Mexico v.* *Mescalero Apache Tribe*, 462 U.S. 324, 334 (1983).

[^11]: Pub. L. 103-454, 108 Stat. 4791 (1994).

[^12]: The Commission notes that President Clinton's Executive Order
    13084 of May 14, 1998, *Consultation and Coordination with Indian
    Tribal Governments*, encourages independent federal agencies to be
    guided in their duties by principles of respect for Indian Tribal
    self-government and sovereignty, for Tribal treaty rights and other
    rights, and for the responsibilities which arise from the unique
    federal trust relationship.