Presidential Documents

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


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7492 Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Presidential Documents 

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. 

THE WHITE HOUSE, 

Washington, January 26, 2021 

[FR Doc. 2021–02075 

Filed 1–28–21; 8:45 am] 

Billing code 3110–01–P 


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