A Guide for DOE Employees

WORKING WITH

INDIAN TRIBAL

NATIONS

December 2000
ACKNOWLEDGMENTS

The guide was developed for the U.S. Department of Energy by Creighton & Creighton,

Inc., under contract to the Office of Intergovernmental and Public Accountability (EM-11).

The guide was reviewed by representatives of several tribes and DOE staff who work

regularly with tribal nations. However, Creighton & Creighton, Inc., remains responsible

for the editorial content of this guide.

This guide includes materials taken from guides prepared by the U.S.

Environmental Protection Agency, the U.S. Forest Service, and the National Congress of

American Indians and used without attribution. Creighton & Creighton, Inc., and the

Department of Energy wish to thank these organizations for permission to use these

materials. The Department of Energy would also like to thank the United States

Geological Survey for preparation and development of the U.S. Indian Lands Map.
TABLE OF CONTENTS

Section 1:

The Relationship between DOE and Tribal Nations _________________ 1

History of the Relationship Between the

Tribes and the Federal Government _____________________ 2

Recent Executive Orders _____________________________________ 4

Things You Need to Know About

Government-to-Government Relationships ________________ 4

DOE’s Trust Responsibility to the Tribes _________________________ 6

Things You Need to Know About DOE’s

Trust Responsibilities _________________________________ 6

Tribal Treaty Rights __________________________________ 7

Things You Need to Know About Tribal Treaty Rights _______________ 7

The Department of Energy’s American Indian Policy ________________ 8

Section 2:

Tribal Culture and Etiquette __________________________________ 10

Types of Cultures __________________________________________ 11

Things You Need to Know About Building

a Relationship with Tribes ____________________________ 11

Tribal Environment Beliefs ___________________________________ 12

Things You Need to Know About Tribal Attitudes

Towards the Environment_____________________________ 12

Tribal Decision Making and Meetings ___________________________ 12

Things You Need to Know About Tribal

Meeting Etiquette ___________________________________ 13

Cultural Ceremonies ________________________________ 14

Things You Need to Know About Tribal Etiquette

During Cultural Ceremonies ___________________________ 14

Visiting Tribal Reservations ___________________________ 14

Things You Need to Know About Visiting Reservations _____________ 14

APPENDICES

Appendix 1: DOE Tribal Points of Contact _______________________ 14

Appendix 2: Existing Agreements with Tribal Nations ______________ 15

Appendix 3: U.S. Department of Energy American Indian Policy ______ 18

Appendix 4: Government-to-Government Relations with

Native American Tribal Governments____________________ 19

Appendix 5: Executive Order 13007 Indian Sacred Sites____________ 20

Appendix 6: Executive Order 13021 Tribal College and Universities ___ 22

Appendix 7: American Indian and Alaska Native Education __________ 25
INTRODUCTION

U.S. Department of Energy (DOE) employees and

contractors frequently work with Indian tribes or

nations as part of their jobs. The purpose of this

guide is to help DOE employees and contractors

initiate contact with tribes and build effective

relationships.

DOE maintains a unique government-togovernment relationship with tribal nations. This

guide presents an overview of the history of the

relationship between the tribes and the Federal

government, as well as the laws and Executive

Orders that define that relationship. The guide

discusses the Federal government’s trust

responsibility to the tribes, tribal treaty rights, and

the Department of Energy’s American Indian policy.

The guide also discusses important cultural

differences that could lead to communication

problems if not understood and provides examples

of potential cultural misunderstandings. In particular

the guide discusses tribal environmental beliefs that

shape tribal responses to DOE actions. The guide

also provides pointers on tribal etiquette during

meetings and cultural ceremonies and when visiting

tribal reservations.

Appendix 1 gives examples of the tribal nations with

whom DOE currently has Memoranda of

Understanding.

While this guide provides an introduction and

overview of tribal relations for DOE staff and

contractors, DOE has also designated Tribal

Issues Points of Contacts at each of its

facilities. A list of these Points of Contact for

all DOE facilities is provided in Appendix 2.

DOE staff and contractors should consult with

the appropriate tribal representatives at their

site before initiating contact with a tribal

nation, because many tribes have rules and

procedures that must be complied with before

DOE staff or contractors may go on tribal

lands or conduct interviews with tribal

members.

 Appendix 3 is the complete DOE American

Indian Policy.

Appendices 4-6 are Executive Orders that

govern the relationship of all federal agencies

with tribal nations.

DOE employees and staff are encouraged to

educate themselves about the history and

culture of tribal nations near DOE facilities.

This guide provides a first step in that

direction.
THE RELATIONSHIP BETWEEN DOE

AND TRIBAL NATIONS

DOE is strongly committed to ensuring that Indian

tribes play an integral role in the nation’s overall

energy policy. In addition, some DOE sites are

located on lands that were once tribal lands, and in

many cases the Federal government has continuing

treaty obligations to these tribes.

Most people who have not had experience working

with Indian tribes have three fundamental

misconceptions. The first is that tribes are another

racial minority, such as African Americans, Hispanic

Americans, Asian Americans, and others. The second

is that tribes are simply stakeholders, like an interest

group or an environmental organization. The third is

that Indian tribes are equal to a local governmental

unit, like a city or county.

While it is true that tribes have a distinct cultural

heritage, have an important stake in many DOE

decisions, and provide many of the services that local

governments provide, the relationship between DOE

and the tribes is a government-to-government

relationship.

Tribes are sovereign governments. Before Europeans

first sailed to America, the tribes were already

sovereign by nature. They conducted their own affairs

and depended upon no other source of power to

uphold their acts of government. The U.S.

Constitution recognizes four sovereign governmental

entities: the Federal government, state governments,

American Indian tribal governments, and foreign

nations. American Indian tribes, though uprooted and

removed to reservations, retain inherent sovereignty.

The United States did not grant tribal rights, rather,

tribes reserved such rights as part of their preexisting status as sovereign nations.

What does sovereignty mean?

The attributes of sovereignty

include, but are not limited to:

The power to establish

a form of government

The power to

determine membership

The power to

legislate or otherwise

adopt substantive civil

and criminal laws

The power to

administer justice

The power to exclude

persons from the territory

or reservation

The power to charter

business organizations

The power of

sovereign immunity .

Tribes are not treated as mere administrative

extensions of federal programs, but as separate

governments. They are sovereign entities, recognized

in the U.S. Constitution with rights and privileges

negotiated in treaties and defined in case law.

Interaction with federally recognized tribes must be

conducted on a government-to-government basis.

This is in addition to and goes beyond any public

involvement and community -outreach efforts.

1
WHO IS AN INDIAN?

It’s not always easy to define who is Indian and

who is not. Because of intermarriage between

Indians and people of other ethnicities, there are

many people who by blood are only partially

Indian. So how can you determine who is an

Indian? The simplest answer is that an Indian is

a person with some amount of Indian blood who

is recognized as such by the individual’s tribe

or community.

WHAT IS AN INDIAN TRIBE?

An “Indian tribe,” is generally a community of

Indians who are ethnologically similar, but who

also exist in a legal/political sense.

Since 1978 the Bureau of Indian Affairs has

used powers delegated by Congress to extend

recognition to tribes. The Bureau’s regulations

require that a tribe seeking recognition has

maintained a distinct identity, has exercised

political authority over its members through

history to the present, has drawn that

membership from a historical tribe, and currently

has governing procedures and methods of

determining membership. In addition, Congress

must not have expressly terminated or forbidden

a federal relationship with the tribe.

As of this writing the Federal government has

recognized 557 tribes by treaty, statute,

executive order, the presence of a long-term

historical relationship, or by other means. These

tribes are variously called “Nations,” “Bands,”

“Pueblos,” “Communities,” “ Rancherias,”

and “Villages.”

A number of DOE facilities are in the vicinity of

federally recognized tribes (See Figure 1).

Government-to-government relationships exist

only with federally recognized tribes.

Although Indian tribes

are sovereign, that

sovereignty is not

absolute. It has been

challenged, defined,

and fought over

throughout U.S. history.

To understand the present relationship between

the tribes and the Federal government, it helps

to understand something of the history of

relations between the U.S. government and

tribes. Here’s a quick synopsis of federal policy

towards Indian nations, provided by the National

Congress of American Indians:

Pre-1492: Pre-Columbian Period -

Indian people lived in organized societies with

their own forms of government for thousands of

years before contact with Europeans.

1492-1828: Colonial Period -

The proliferation of colonists created a dominant

presence on the East Coast of North America.

These colonists acquired some Indian lands

under the doctrine of discovery and signed

treaties with the tribes for additional land.

Following the Revolutionary War, the newborn

United States took pains to maintain peace with

the neighboring tribes, but pressure from settlers

resulted in increased encroachment and conflict.

1828-1887: Removal, Reservation and T reaty

Period - As the U.S. population and its military

strength grew, so did the pressure by the U.S.

government on eastern tribes to move west,

resulting in forced migration and the creation of

treaty reservations. Later, the United States

government embarked on an aggressive military

policy throughout the west to establish Indian

reservations through treaties, acquiring more

Indian land. In general, the treaties relinquished

land for the right to tribal self-governance on

reservations with the protection of the U.S.

HISTORY OF THE RELATIONSHIP BETWEEN

2
1887-1934: Allotment Act - An increasing greed for

land within the reservations and the desire to have

Indians assimilate into mainstream American life

resulted in the forced conversion of communally held

lands into small parcels for individual Indian

ownership. Over 90 million acres, nearly two thirds of

reservation land, were taken and given to settlers

without compensation to the tribes.

1934-1945: Indian Reorganization Act -

A more progressive policy ended the allotment period

and began restoring Indian lands. The Federal

government created programs and projects to

rehabilitate Indian economic life. This period was

marked by paternalism of the United States

government towards Indian tribes.

1945-1965: T ermination Period -

After World War II over 100 tribes with rich natural

resources were identified as being sufficiently

acculturated to have their federally protected status

removed. State laws were imposed on many tribes,

and millions of acres of valuable natural resource

lands were taken through forfeiture sales. Federal

policy emphasized the physical relocation of Indians

from reservations to urban areas.

1965-present: Self-Determination Era -

In the late 1960s there was a growing recognition of

the need to strengthen rather than eliminate tribal

governments. In 1970 President Nixon made a clear

break with termination policy. He declared termination

a failure and asked Congress to repudiate it. He also

encouraged Congress to pass legislation designed to

enhance tribal autonomy. Through a series of

Executive Orders, President Nixon reaffirmed the

trust responsibility of the Federal government to the

tribes.

In 1975, Congress enacted the Indian

Self-Determination and Education Assistance Act that

acknowledged the Federal government’s trust

responsibilities and directed the Bureau of Indian

Affairs and Indian Health Services to turn over many

of the services performed by those agencies to the

tribes themselves. In the Indian Self-Determination

and Education Assistance Act of 1988, Congress

reaffirmed this policy, stating: “In accordance with this

policy, the United States is committed to supporting

In 1978 Congress passed the American Indian

Religious Freedom Act (AIRFA) that states that it is

the policy of the United States to protect and

preserve American Indians’ rights to believe, express,

and practice their traditional religions. In the past

other Federal laws, such as laws intended to protect

wilderness areas and endangered species, have at

times conflicted with access to sacred sites and

possession of animal-derived sacred objects. AIRFA

clarified that federal laws passed for other purposes

were not intended to conflict with Indian rights to

practice their traditional religions.

The Native American Graves Protection and

Repatriation Act (NAGPRA), enacted in 1990,

protects Indian human remains and cultural items

from intentional excavation and removal, inadvertent

discovery, and illegal trafficking. This Act also

requires the “repatriation” of human remains and

other cultural items held by federal agencies or

federally assisted museums or institutions.

and assisting Indian tribes in the development of

strong and stable Tribal governments, capable of

administering quality programs and developing the

economies of their respective communities.”

Presidents Ford, Carter, Reagan, Bush, and Clinton

have all reaffirmed the policy of self-determination

either by reauthorizing the Executive Orders originally

issued by Nixon or by issuing additional Executive

Orders. With control over their own lands and

resources, tribes have made great strides toward

reversing crippling economic blight and reviving their

unique culture and societies.

3

THE TRIBES AND THE FEDERAL GOVERNMENT
RECENT EXECUTIVE ORDERS

Congress passes laws establishing federal policy, but

the President may then issue Executive Orders

implementing these policies. These Executive Orders

have the force of law and guide the activities of all

federal agencies, including the Department of Energy.

Subsequent presidents may rescind or reaffirm these

orders. As noted above, all presidents since

President Nixon have reaffirmed the policy of selfdetermination for Indian tribes.

Since 1994 President Clinton has issued a series of

Executive Orders further defining the relationship of

federal agencies to Indian tribes.

These Executive Orders include:

• Government-to-Government Relations

with Native American T ribal Governments:

April 29, 1994

This Order outlines the responsibilities of federal

departments to consult with Native American tribal

governments in a government-to-government

relationship.

• Indian Sacred Sites, Executive Order

13007: May 24, 1996

This Order is designed to protect and preserve

Indian religious practices by requiring Federal

agencies to accommodate access to Indian sacred

sites for ceremonial use. Agencies must also avoid

affecting the physical integrity of such sites.

• Tribal Colleges and Universities,

Executive Order 13021: October 19, 1996

This Order is designed to ensure that tribal

colleges and universities receive support from the

Federal government to assist these schools in

providing high-quality educational opportunities for

their students.

• American Indian and Alaska Education:

August 6, 1998

This Order affirms the Federal government’s

special and historic responsibility for the education

of American Indian and Alaskan native students.

Copies of these Executive Orders are provided in the

appendices.

What it Means to Have a

Government-to-Government

Relationship

• Government-to-government consultation

occurs between federal agencies and elected tribal

leaders. Although DOE may work with American

Indian individuals, groups, organizations, and

communities in compliance with NEPA, CERCLA,

RCRA and other laws, this is not recognized as

government-to-government consultation.

• The appropriate contact for government-togovernment consultation is someone at

approximately the same organizational level.

Typically, tribal leaders expect to meet with elected

officials, including members of Congress and the

President of the United States. As a practical

matter, the President often delegates authority to

the Secretary of Energy. If tribal leaders are

interested in particular matters, the Secretary

designates an Assistant Secretary to meet with the

tribal leaders.

• A distinction must be made between

government-to-government consultation and the

communication, coordination, and publicinvolvement efforts commonly carried out between

tribal government staff members and equivalent

4
DOE employees. Many tribes have technical staff,

legal counsel, advisors, and administrators

employed to help run tribal affairs. These staff

people usually do not speak on behalf of the tribe

about tribal policies or other tribal governmental

actions. However, they can be invaluable

professional contacts for DOE staff. Staff-to-staff

work may precede government-to-government

consultation or may carry out the policies agreed

to in government-to-government consultations.

• Many tribes have at least two forms of

leadership — official tribal leaders who are elected

or selected according to tribal tradition and

traditional/spiritual leaders. Although formal

consultation takes place with official tribal leaders,

on issues involving cultural heritage or religious

practice it may be appropriate to consult with

traditional cultural and spiritual leaders as well.

• Although there may be tribal groups that

provide information, advice, and technical

assistance to the tribes on resource matters,

contact with such groups does not substitute for

government-to-government consultation with

elected tribal leaders.

• There may be non-Indian groups or

organizations claiming to represent tribal views

and positions. In these instances DOE staff should

consult with Indian tribes and tribal groups to verify

this representation.

• Tribes differ on how they wish to consult with

federal agencies. DOE staff should reach an

understanding with each tribe on how it wishes to

be consulted by identifying preferred methods of

communication and developing protocols or

Memoranda of Understanding (MOU). These

agreements will identify points of contact for tasks

and specify with whom staff work should be

conducted. DOE has existing Memoranda of

Understanding with many tribes (Appendix 1).

• Many tribes have rules and procedures that

must be complied with before you go on tribal

lands or before you conduct interviews with tribal

members. Check with your DOE tribal

representative about how to approach the tribe

and what rules and procedures should be followed.

Tribal representatives are listed in Appendix 2.

5
WHY THE FEDERAL GOVERNMENT

HAS A TRUST RESPONSIBILITY

TO THE TRIBES

The U.S. Constitution, ratified in 1789, delegated all

power over Indian affairs to the Federal government.

Some states continued to execute treaties or

purchase lands from the tribes after this time, but the

Constitution made these actions ineffective or illegal.

Congress also passed laws restricting all dealings

with Indians to licensed traders, outlawing the

purchase of lands directly from Indians and assigning

punishments to crimes committed by colonists

against Indians.

Three Supreme Court cases in the 1830s —

sometimes referred to as the Marshall Trilogy after

Chief Justice John Marshall, the author of the

opinions — establish the bedrock of federal Indian

law. These cases defined the relationship between

the Federal government, the state governments, and

tribal governments, as follows:

• Tribes are “dependent, domestic nations,”

not foreign nations.

• Tribes are subject to the ultimate authority

of the U.S. Congress but continue to be distinct

political entities that rule their own territories

within the United States.

• The relationship between the United

States and tribes resembles that of a ward

to its guardian.

• Tribes are not subject to state laws except

as directed by the U.S. Congress.

• Treaties between Indian tribes and the

Federal government are of the same dignity

and weight as other treaties.

• Tribes may not sell tribal lands without the

consent of the U.S. government

In these and subsequent decisions, the Supreme

Court has ruled that all federal agencies, including

DOE, have a permanent legal obligation to exercise

statutory and other legal authorities to protect tribal

land, assets, resources, and treaty rights. This “trust

responsibility” is a legally enforceable obligation, a

duty, on the part of the U.S. Government to protect

the rights of federally recognized Indian tribes. The

language in Supreme Court cases suggests that it

entails legal duties, moral obligations, and the

fulfillment of understandings and expectations that

have arisen over the entire course of dealings

between the U.S. government and Indian tribes. The

Supreme Court has noted that the Federal

government, as trustee, is “charged with moral

obligations of the highest responsibility and trust.”

In general, the courts have not required specific

procedures but generally have looked to see whether

federal agencies have sought the views of tribes and

considered their interests. President Clinton, in a

1994 memorandum, directed all federal agencies to

assess the impacts of their plans, projects, programs,

and activities on tribal trust resources, assure that

tribal rights and concerns are considered in decision

making and, to the extent practicable and permitted

by law, consult with tribal governments before taking

actions that affect them.

What are DOE’s Trust

Responsibilities?

DOE’ s trust responsibilities include:

• Consulting, 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.

• Protecting tribal people and their resources

— land, air, water, vegetation, wildlife and

fisheries — from DOE actions that could harm

their health, safety, or sustainability.

• Protecting “reserved” rights (such as

hunting and fishing rights that were specified in

treaties as retained or reserved even though the

lands are not part of the reservation).

• Protecting Indian cultural and religious

artifacts and sites on land now managed by

DOE, and avoiding any unnecessary

interference with traditional religious practices,

which includes providing appropriate access to

sacred sites on DOE lands.

• Protecting the sovereignty of tribal

governments.

6
TRIBAL TREATY RIGHTS

Many Indian lands were ceded by treaty to the United

States. These treaties often reserved certain lands

and rights for the tribes or established reciprocal

obligations by the Federal government. These

treaties, unless changed or abrogated by a

subsequent treaty or statute, remain the supreme law

of the land. Age alone does not invalidate them.

Unless abrogated by Congress, treaties have the

same force as federal statutes. As the Supreme

Court stated in a 1979 decision: “A treaty, including

one between the United States and an Indian tribe, is

essentially a contract between two sovereign

nations.”

Courts follow certain principles of interpretations

when reading treaties and other federal legal

instruments regarding Indians. The Supreme Court

has held that ambiguities in treaties are to be

construed to what the Indians, at the time of

negotiation of the treaties, may have understood

them to say. The courts recognize the unequal

bargaining relationship between the Indians and

the United States when these treaties were

negotiated. These negotiations were held in a

language that was foreign to the tribes. The

concept of land ownership itself was outside Indian

cultural traditions, and many times the treaties

were negotiated under duress.

In many treaties (including most of the treaties with

tribes in the Northwest), the tribes reserved hunting,

fishing, and gathering rights in territories beyond the

land they reserved for occupation. In the Northwest

treaties these lands were described as the “usual and

accustomed” places. These lands are referred to as

“ceded lands.” Some DOE sites are located on ceded

lands. Frequently tribes have rights to certain

quantities of water from rivers, and the Supreme

Court has ruled that the tribes’ rights to the land

include sufficient irrigation water to meet the tribes’

current and future use. Various lawsuits have also

raised the broader question of whether fishing and

hunting rights include rights to a sustainable, natural

environment upon which fish and game depend.

Since such rights may be necessary to the primary

purpose of the treaty, these rights may be implicit in

treaties. The breadth of these rights has not been

fully defined by the courts.

The rights of each tribe differ with the terms of the

treaty governing its land. What remains constant,

however, is the trust responsibility of federal

agencies to protect the treaty rights of the tribes,

which include protecting the tribes from actions by

federal, state or local agencies that are not

consistent with tribal rights whether within Indian

lands or in ceded areas.

Even in those cases where no treaty exists, federal

common law and federal statutes establish rights

independent of the treaties. Tribal treaty rights are

over and above these statutory rights.

What T reaty Rights Do T ribes Have?

• The scope of treaty rights depends on the

language in each treaty.

• Some treaty rights extend beyond presentday boundaries of reservations or Indian trust

lands. Off-reservation treaty rights may include

grazing rights, hunting and fishing rights, gathering

rights and interests, water rights, and subsistence

rights.

• If Indian water rights are reserved by treaty,

they are senior to virtually all other water rights

and are sufficient to cover future, not just

existing, activities on the reservation.

• The courts have ruled that if either hunting

or fishing rights are reserved by treaty, both

apply.

7
THE DEPARTMENT OF ENERGY’S

AMERICAN INDIAN & ALASKA

NATIVE TRIBAL GOVERNMENT

POLICY

DOE policy states that:

DOE’s American Indian and Alaska Native Tribal

Government Policy sets forth the principles to be

followed by the Department of Energy (DOE) to

ensure an effective implementation of a government

to government relationship with American Indian and

Alaska Native tribal governments. This Policy is

based on the United States Constitution, treaties,

Supreme Court decisions, Executive Orders, statutes,

existing federal policies, tribal laws, and the dynamic

political relationship between Indian nations and the

Federal government. The most important doctrine

derived from this relationship is the trust responsibility

of the United Sates to protect tribal sovereignty and

self-determination, tribal lands, assets, resources,

and treaty and other federally recognized and

reserved rights.

DOE employees are directed to follow:

1. DOE recognizes the federal trust

relationship and will fulfill its trust responsibilities

to American Indian and Alaska Native Nations.

2. The Department recognizes and commits to

a government to government relationship and

will institute appropriate protocols and

procedures for program and policy

implementation.

3. The Department will establish mechanisms

for outreach, notice, and consultation, and

ensure integration of Indian nations into

decision-making processes.

4. Department-wide compliance with

applicable federal cultural resource protection

and other laws and executive orders will assist in

preservation and protection of historic and

cultural sites and traditional religious practices.

5. The Department will initiate a coordinated

department-wide effort for technical assistance,

business and economic self-determination

development opportunities, education, and

training programs.

6. The Secretary of Energy will conduct an

annual tribal leaders summit for performance

review of policy implementation and issue

resolution.

7. The Department will work with other federal

agencies, and state agencies, that have related

responsibilities and relationships to our

respective organizations as they relate to tribal

matters.

DOE’s work with tribes cuts across most of the

Department’s programs, i.e., fossil fuels, energy

efficiency and renewables, energy deregulation,

energy education and environmental management

and cleanup. DOE maintains cooperative agreements

with tribal nations which are directly impacted by

DOE operations (Appendix 1).

Building a Relationship with Tribes

• Each DOE office has designated individuals

and protocols for tribal contact as shown in

Appendix 2. Check with these individuals before

initiating contact with a tribe.

• It is particularly important to tribes that tribal

sovereignty and tribal officials be treated

respectfully. Dealing with a senior tribal official

should be seen as equivalent to dealing with a very

senior U.S. official. For instance, if you have an

appointment with the President of the United

States, the Secretary of Energy, or the CEO of a

major company, you make sure you are on time,

have all the information that may be needed, and

are respectful of the time pressures these officials

are under. The same kind of respect should be

extended to tribal officials, as they are of

equivalent rank in their nation.

8
• The history of the relationship between the

Federal government and a particular government

may influence how the tribes relate to DOE staff.

DOE staff should learn about DOE’s past and

current involvement with the tribe in question to

avoid duplication and to understand the context in

which the relationship will take place.

• Due to the long and complex relationship

between the Federal government and Indian tribes,

tribes often mistrust the Federal government. Trust

must be earned over time. DOE staff can earn trust

by educating themselves about how tribal

governments operate, demonstrating respect for

tribal values, having a proactive interest in tribal

welfare, and following through on commitments.

Be respectful, predictable, and credible.

• The tribes’ understanding of DOE’s trust

responsibilities also defines their expectations of

DOE staff. Learn what their expectations are. Your

agenda and expectations may be different than the

tribes’.

• Tribes interpret consultation to be “a giveand-take process intended to develop consensus.”

Simply recording their views is not considered

consultation.

• Recognize that tribal governments must deal

with the entire welfare of the community, so these

governments may be slow to get to DOE issues.

Like most governments, tribes experience

changing priorities with changing administrations.

Also, due to a variety of factors, a high turn-over

rate occurs frequently in tribal staff, and tribal

governments are often understaffed. Be aware that

changes, such as staff turnover, may affect your

schedule.

• Don’t promise things you can’t deliver. If a

proposed action requires acceptance or approval

from someone else within DOE or another agency,

explain in detail the steps you will take to secure

approval; but don’t over-promise. With a long

history of broken promises from the Federal

government, tribes may see you as untrustworthy

if you can’t deliver on your promises.

• If you don’t have the information, offer

to get it.

• Consider collaboration with other DOE offices

and other federal or state agencies as a way to

take actions you could not accomplish alone.

• Work to strengthen the capacity of the tribe to

achieve its own goals. For example, the ultimate

objective of protecting the health and environment

of tribes may be achieved most effectively when

environmental programs are carried out by the

tribal governments. Whenever possible, bring

resources, training, and other forms of support to

the working relationship with tribal governments.

9
Why Does Culture Matter?

• The critical characteristic of culture is that it

provides a group or society with a shared sense of

meaning.

• Different cultures have different

interpretations of what behaviors mean. It is easy

for people from different cultures to offend or

misinterpret each other’s behavior by assuming

that behavior will mean the same thing to someone

from another culture.

• Cross-cultural miscommunication is an

important concern when working with Indian tribes.

• Ultimately, people-to-people relationships are

the seeds of effective, positive, and productive

government-to-government relationships. The

success of these relationships often depends on

how informed the participants are of each other’s

history, government, culture, and appropriate

etiquette.

TRIBAL CULTURE AND ETIQUETTE

Communication with people in Indian communities

involves communication across cultures, akin to

communication with someone from a foreign country.

What does it mean to communicate with someone

from a different culture?

Culture operates at two levels. Objective culture

includes the visible aspects of culture — language,

religion, ritual, dress, art and dance, political and

economic institutions. Subjective culture refers to

the beliefs, attitudes, values, behavior patterns,

and modes of communication that are shared by a

group. Subjective culture provides a way of

understanding the world that is shared with other

members of the group. It tells people within a group

what their experiences mean. Behavior that means

one thing in one culture may mean something very

different in another.

In many cases we are not even aware of when our

own culture defines the meaning of a behavior in

ways that are at odds with the interpretation provided

by another culture. As social critic Marshall McLuhan

once stated: “Culture is like a glass dome. As long as

you are inside you don’t know you are enclosed.” So

we may feel insulted or put-upon by someone else’s

behavior, based on behavior that means something

entirely different in their culture. Or we may give

offense to someone else by engaging in behavior that

is not offensive in our culture, but that is highly

offensive in theirs. This is why it is essential that you

know as much as possible about a tribal community

before you begin to interact with it. The more you

know about a culture, the less likely you are to create

cross-cultural misunderstandings.

At the same time some cultural lessons can only be

learned through actual interaction with the other

culture. So if your responsibilities involve

communication with tribes, you need to interact with

people from that tribe. This can’t just be formal

interaction within official roles. To understand a

culture, you need to understand its people. That

requires regular and continuous interaction-- not just

officially, but socially as well. The result should be

that you continue to learn from and respect the tribal

culture with which you are working

Etiquette is the part of culture that demonstrates

respect, courtesy, and cooperation with others. Thus

mistakes about etiquette may communicate

disrespect or a lack of deference or concern for other

people’s feelings.

It’s important to remember that there are currently

nearly 560 federally recognized tribes, and some that

are unrecognized as well. Many of these tribes speak

very different languages and differ in other

fundamental ways. Most Indigenous Americans think

of themselves not as “Indian,” but as members of a

tribe; e.g., Navajo, Pueblo, Seneca. No two tribes are

the same. Some are very progressive, some are very

conservative, some are very traditional, and some are

very contemporary.

Nevertheless, there are some generalizations about

Indian cultures that are useful, and they are

presented below. Some general guidelines for

etiquette are provided later in this section.

10
Examples of Potential Cultural

Misunderstandings:

In most Indian tribes, communication tends to be

implicit, and much is conveyed without articulating

the particular message. The nonverbal and situational

context becomes very important. An example would

be that in the tribal world all forms of traditional

expression — names, words, intonations, drumming,

dances, masks, brush strokes, chants — have unique

symbolism and are the outward manifestation of a

deeper reality (as they are in most religions).

There are significant differences in what is important

in the dominant American culture and what is

important in most tribal cultues.

The dominant American culture tends to

emphasize:

• earned status

• individual achievement

• self-reliance

• independence

• factual/scientific thinking

• planned time

• individual competition

Tribal culture tends to emphasize:

• ascribed status

• relationships that are stable

and harmonious

• reliance on others

• intuition

• time stretches

• cooperation

To illustrate, in the dominant American culture, a

young person who performs exceptionally well

academically or athletically would be showered with

recognition and pushed to maximize his or her

potential. In tribal culture, the exceptional

performance of a single individual might be minimized

in order to achieve harmonious relationships among

all the young people.

Here are some of the areas in which there are

frequent cultural misunderstandings when agencies

deal with tribal cultures:

• Government agencies place great importance

on schedules and time. Tribes place greater

emphasis upon achieving consensus and harmony,

and usually tribes believe that consensus and

harmony are far more important than schedules

and time. A meeting that might be announced for a

few hours might go on for many hours until a

conclusion is reached that brings about stability

and harmony in relationships between members of

the tribe. An agency may feel that it is essential to

have a tribal response the following week in order

to meet a goal; a tribe may feel that it is essential

to take all the time necessary in order to discuss

an issue that might affect the life of the tribe for

generations.

• Tribal elders are treated with great respect,

whether or not they hold elected office or an official

position. In the dominant American culture,

people’s status is usually defined by their official

position.

• Agencies feel they must justify their decisions

based on facts and scientific thinking. Tribes often

feel that intuition is a better guide to the underlying

relationships and essential truth.

As these examples illustrate, there are significant

differences in the cultural context in which a DOE

employee operates and that in which tribes operate.

These differences always hold the potential for

cultural misunderstandings. The best way to

overcome these potential misunderstandings is

through regular communication and interaction.

Maintain an attitude of open-mindedness and

adaptability. A sense of humor, particularly an ability

to laugh at one’s self, may overcome otherwise

difficult moments.

11
Tribal Environmental Beliefs

In mainstream American culture, there is a distinct

separation between the “sacred” and the “mundane”

(the everyday tasks of earning a living, finding food

and shelter). But most American Indian tribes and

individual tribal members conceive of spirituality and

sacred sites and activities as including all aspects of

their way of life — a “holistic” or all-inclusive

existence. Indian people believe all living things are

interconnected. The spiritual and natural worlds are

not separate. Spirituality is a part of everyday life. For

example, plants and animals are not only necessary

for subsistence, but also possess spiritual

significance and serve ceremonial purposes.

Therefore, gathering sites are not just subsistence

sites; they may be traditional, cultural places. Where

non-Indian cultures may make a distinction between

an economic activity, Indian people might consider

both to have spiritual significance.

In Indian culture, celebrations, stories, songs, and

dance are not “entertainment.” These activities teach

skills that determine the future success of younger

tribal members as providers and productive members

of the tribe and ensure the existence of the tribe for

generations to come. Through subsistence activities,

children learn respect for the wildlife and fish that are

important for their subsistence. They also learn to

share, respect, and provide for their elders, care for

the land, and coexist with other human beings and

cultures.

The vitality of Native American culture, health,

religion, and the environment are inextricably linked.

It may be difficult for a tribe to separate threats to

their environment from threats to their health and

culture. Many factors make these links much stronger

for tribal members than for non-Indians.

The Significance for DOE of Tribal

Beliefs on the Environment

• Environmental risks are often viewed not just

as risks to the health of present tribal members,

but also as threats to the continuity and integrity of

the culture.

• Activities that non-Indians might interpret as

“economic” activities (such as gathering food) may

be considered “spiritual” activities by tribes.

• Many Indians practice a subsistence lifestyle,

depending on fishing, farming, ranching, hunting,

and gathering. The implications of this subsistence

lifestyle are that the direct exposure of Indians to

contaminated resources may be much greater than

the equivalently direct exposure to non-Indians,

and the consequences from the loss of resources

are much greater.

• Many tribes use plants, roots, and other

natural resources for medicines and in religious

ceremonies. Their faith in the healing and spiritual

power of natural resources depends on its purity

and may be threatened if a resource is

contaminated.

• Knowledge about what, where, and how a

tribe uses natural resources may be proprietary

information that the tribe does not want to release

to DOE for fear the information will be misused.

Establishing a methodology for collecting and

releasing information may require careful

collaboration between the tribe and DOE.

Tribal Decision Making and Meetings

Tribal governments place great emphasis on

reaching decisions that produce long-term resolutions

and benefits for future generations. Some tribes talk

of making decisions that will produce benefits for the

next seven generations. Native Americans see

continuation of their culture being dependent on

natural resources and keeping the land in pristine

condition.

Since creating harmony and protecting cultural

continuity are important tribal values, tribal meetings

tend to allow for everyone to express their views.

Tribal decision-making processes may seem slow

and cumbersome to those who have to meet

schedules and deadlines. DOE staff and contractors

need to be flexible when estimating the time required

by the tribe to reach decisions or to respond to

questions.

Meetings with tribal officials usually start with words

of spirituality, prayer or invocation. These prayers are

intended to create a positive atmosphere that will

lead to mutual understanding and a good outcome for

all parties involved. U.S. government rules about

separation of church and state do not apply to tribes.

They do not necessarily see them as separate, and

as sovereign nations they are free to follow their own

cultural norms.

12
Pointers on Tribal Meeting Etiquette

• Always be conscious of your conduct. Tribal

cultures put great emphasis on judging character

by one’s action, conduct, and response. The

appropriate conduct is to be conservative and

mindful. Often credibility and integrity will be

assessed within the first five minutes of

conversation or introduction. As a representative

of the Federal government, your actions are

indicative of your awareness of the government-togovernment relationship with tribal nations.

• Don’t be judgmental about how tribal

meetings are run. Tribal sovereignty includes the

tribes’ rights to reach decisions and conduct

meetings however they wish.

• Keep your voice to a moderate level.

Speaking loudly may be taken by tribal elders,

leaders, and members as arrogance, or may be

interpreted as a talking down to them, (i.e., a

federal agency taking a paternalistic position).

• Elders are highly respected in tribal

communities, whether or not they hold any official

position. They are the repository for the continuity

of tribal culture and are often the source of

considerable intuitive wisdom.

• When speaking with a tribal elder, allow more

time for a response than you normally would allow.

First, English is a second language for many tribal

elders. Also, tribal people allow a greater pause

time between speakers, even in their own

language; a pause indicates the other person is

considering what you said. Indian elders may

respond by using a story or an analogy to

demonstrate their point. A hurried follow-up

question may disrupt their response to your first

question. Therefore, if you are in a hurry, you may

get no answer at all.

• Give your undivided attention to the person

who is speaking. Being impatient about time is

culturally inappropriate behavior — if something is

important enough to talk about, it is important

enough to give whatever time is necessary to

discuss and ultimately resolve the issues. It is

considered especially rude to look at your watch,

clip your finger nails, yawn, walk out, raise your

hand, or shake your head while a tribal elder or a

tribal leader is talking.

• Sometimes prolonged eye contact is

inappropriate. In “Indian Country,” not making or

holding eye contact is respectful behavior. While in

meetings, maintaining direct eye contact for

extended amounts of time with tribal elders,

leaders, and members is considered inappropriate

in some tribal cultures. Because tribal

representatives are not making eye contact doesn’t

mean they aren’t listening.

• When beginning an important discussion or

when responding to questions by tribal elders and

officials, laughter may be taken as a lack of

seriousness or as belittling the subject or the

questioner.

• Tribes may attach much greater significance

to proposed DOE actions than DOE staff. Tribal

people have a highly personal vested interest in

DOE activities because they know from experience

how DOE actions may impact their communities,

the environment, and their livelihood. DOE staff

may have difficulty in appreciating what DOE’s

actions mean in the context of tribal culture.

• Some tribal leaders are sensitive to

unprofessional, overly casual attire when meetings

are held with representatives of the Federal

government, especially with those representing the

Washington, D.C. headquarters office. Casual

attire in the West is more acceptable, particularly

among those who meet regularly with tribal officials

and go straight from their work place to meetings.

However, for a business meeting dress respectfully

as you would when meeting with any high elected

official or a distinguished representative of another

government.

• DOE terms, vocabulary, acronyms, and

standard operating procedures may not be familiar to

a tribe. DOE staff need to develop an understanding

of the prior involvement, education, and training the

tribe has had. Some tribes may need DOE staff to

limit or explain the use of terms, while other tribes

may already have an understanding of the subject

matter. Never underestimate the knowledge of tribal

officials; but at the same time, be conscious of the

terms and concepts you are using to ensure that both

tribal officials and DOE staff are effectively

communicating

13
Cultural Ceremonies

Cultural ceremonies are the bedrock of tribal identity

as a government and people. Ceremonies are the

reaffirmation of ancestral knowledge handed down

from generation to generation. In this manner, songs,

dances, prayers, and cultural ceremonial dress are

direct links to cultural, religious, and family history.

Tribal members’ participation in cultural ceremonial

life means a commitment to cultural and religious

values and teachings. When it appears appropriate,

DOE staff and contractors may want to plan their

visits so they have the flexibility to participate in a

social or cultural event that will help build

understanding and foster trusting relationships.

Things You Need to Know About

Tribal Etiquette

During Cultural Ceremonies:

• Respect for cultural ceremonies is best

shown through action. During invocations, prayers,

or opening songs, be observant and determine

appropriate behavior based on the behavior of

tribal members .

• Show your respect for tribal ceremonies by

allowing sufficient time to observe the entire

ceremony. Just “putting in an appearance” may be

seen as insulting and may increase suspicion

about your sincerity.

• It is customary to remove hats for the duration

of the invocation, prayers, or songs.

• While prayers or invocations are being said,

lower your head and don’t look around.

• Ask permission before taking pictures. Many

tribal members are sensitive about being

photographed. A general rule of thumb is to ask

whether it is permissible to take pictures, video

tape, record, or otherwise document cultural

ceremonies before reaching for a camera.

Visiting Tribal Reservations

Even though there are no immigration officials

requiring passports, entering a reservation is entering

the property of a sovereign nation. DOE staff and

contractors are guests of the tribe of which they are

visiting, and must observe the tribe’s customs

and laws.

Tribes differ significantly in their willingness to allow

visitors on parts of the reservation away from official

buildings or tourist facilities. It is wise to inquire in

advance about tribal rules and attitudes and to

request permission before visiting parts of the

reservation away from official buildings. Above all, the

reservation is the home of the tribe and its people,

and the privacy of the people should be respected.

Things You Need to Know about

Visiting Reservations:

• Don’t assume that you are free to wander

about or ask tribal members direct questions about

their lives. This is the height of rudeness in most

Indian cultures.

• Never point (especially when visiting the

Navajo Reservation). Pointing is seen as very rude

and offensive and has cultural, religious, and

metaphysical significance that makes it even more

offensive.

• DOE staff may find it helpful to develop

personal relatonships with members of the tribe

who can help with communication and protocol

information.

• Photography may be restricted. Ask for

permission to photograph individuals,

ceremonies, or meetings. Don’t assume

automatically that it is appropriate.

• When visting cultual or sacred sites, be

respectful of all artifacts. Refrain from handling

or otherwise disturbing these artifacts.

Appendix 1

Existing Agreements with T ribes and Nations include:

Hanford Site: Confederated Tribes of the Umatilla Indian

Reservation, Confederated Tribes and Bands

of the Yakama Nation, and the Nez Perce Tribe.

Los Alamos National Laboratory: Cochiti Pueblo,

Jemez Pueblo, Santa Clara Pueblo,

San Ildefonso Pueblo.

Sandia National Laboratory: Isleta Pueblo.

Idaho National Laboratory: Shoshone-Bannock Tribes.

West V alley Demonstration Project : Seneca Nation

of Indians.

14
Office of Congressional and

Intergovernmental Affairs

Office of Worker and

Community Transition

Office of Defense Programs

Office of Economic Impact

and Diversity

Office of Energy Efficiency

and Renewable Energy

Office of Environment, Safety,

and Health

Energy Information

Administration

Office of Environmental

Management

Office of Science

Office of Fossil Energy

Office of Field Management

Office of the General Counsel

Office of Management and

Administration

Office of Policy

Office of Fissile Materials

Disposition

Office of Nuclear Energy

Office of Civilian

Radioactive Waste

Management

Derrick Watchman

Pamela De Rensis

John Ordaz

John Rich

Eugene Tates

Thomas Sacco

Lois Thompson

Georgia Collier

Martha Crosland

Brandt Petrasek

Joe V. Martinez

Edward Kilroy

Shel Cullison

Judy Odoulamy

Dean Monroe

Carrie Morgan

Gay Leslie

Ken Sprankle

Nancy Hebron

Elissa Turner

CI-01 7B-164

WT- 6G-051

DP-13 GTN, C-162

DP-21 1F-020

ED-03 4B-058

EE-14 6H-034

EH-412 GB-096

EI-22 2H-055

EM-11 5A-031

EM-11 1H-087

SC-14 GTN, E-432

FE-12.1 3070/270

Corporate Center

FM-30 1I-61

GC-73 6H-064

GC-51 6A-113

MA-3 4D-035

PO-52 7H-085

MN-63 GG-092

NE-20 GTN, A-278

RW-44 GF-253

202/586-0211

202/586-4891-Fax

202/586-6751

202/586-1540-Fax

301/903-8055

301/903-6628-Fax

202/586-3494

202/586-2180-Fax

202/586-4556

202/586-5488-Fax

202/586-0759

202/586-1605-Fax

202/586-9581

202/586-3915-Fax

202/586-1108

202/586-0552-Fax

202/586-5944

202/586-0293

202/586-4818

202/586-0293-Fax

301/903-5825

301/903-4110-Fax

301/903-2783

301/903-6434-Fax

202/586-5205

202/586-4931-Fax

202/586-6399

202/586-7396-Fax

 202/586-2948

202/586-7373-Fax

202/586-6807

202/586-3294-Fax

202/586-6428

202/586-4341-Fax

202/586-7113

202/586-2710-Fax

301/903-1536

301/903-7020-Fax

202/586-1710

202/586-4959-Fax

OFFICE CONTACT MAIL CODE/ROOM # TELEPHONE # AND FAX #

INDIAN ISSUES POINTS OF CONTACT U. S. DEPARTMENT OF ENERGY HEADQUARTERS

APPENDIX 2

15
Albuquerque Operators

Office

Bonneville Power

Administration

Denver Regional Office

Golden Field Office

Idaho National

Engineering

and Environmental

Laboratory

Idaho Operations Office

Kirtland Area Office

Lawrence Livermore

National Laboratory

Field Office

Diné College

Los Alamos Area

Office

Los Alamos

National Laboratory

Morgantown Energy

Technology Center

Naval Petroleum

Reserves

 in Colorado,

Utah, Wyoming

Ki Tecumseh

John Smith

Katherine A. Cheney

Leslie Atkins

Stephen L. Sargent

Christopher Powers

Willie Preacher

Robert Pence

Tami L. Toops

Steve Grey

Donna Vigil

Barbara Grimes

Madhav Ghate

David Miles

P.O. Box 5400

Albuquerque, NM 87185-5400

West 707 Main, Suite 500

Spokane, WA 99201

BPA, Room 8G-061 (Hqs.)

1617 Cole Boulevard

Golden, CO 80401

1617 Cole Boulevard

Golden, CO 80401

Lockheed Idaho Technology

Co.

P.O. Box 1625

Idaho Falls, ID 83415-3695

850 Energy Drive

Idaho Falls, ID 83401-1563

Pennsylvania & H Street

Albuquerque, NM 87185-5400

P.O. Box 808, L-716

Livermore, CA 94566

Diné College

LLNL/DC Field Office

P.O. Box 580

Shiprock, NM 87420

528 35

th Street

Los Alamos, NM 87544

P.O. Box 1663

Los Alamos, NM 87545

3610 Collins Ferry Road

P.O. Box 880 M.S. CO5

Morgantown,WV 26507-0880

7290 Salt Creek Route

Casper, WY 82601

505/845-5361

505/845-6053

505/845-6206-Fax

509/358-7446

509/353-2907-Fax

509/358-7470

509/353-2909-Fax

202/586-5629

202/586-6763-Fax

303/275-4820

303/2754830-Fax

303/275-4742

303/275-4789-Fax

208/526-4845

208/526-3857-Fax

208/526-6518

208/526-8789-Fax

505/845-5264

505/845-4671-Fax

925/422-8336

505/368-5120

505/368-4868-Fax

505/667-0451

505/665-1718-Fax

505/665-1453

505/665-4411-Fax

304/285-4135

304/285-4403-Fax

307/437-9631

307/437-9623-Fax

OFFICE CONTACT MAIL CODE/ROOM # TELEPHONE # AND FAX #

INDIAN ISSUES POINTS OF CONTACT U. S. DEPARTMENT OF ENERGY HEADQUARTERS

16
Nevada Operations Office

Oakland Operations Office

Office of Public Affairs

Oak Ridge Operations Office

Richland Operations Office

Sandia National Laboratories

Savannah River Operations

Office

Southeastern Power

Administration

Southwestern Power

Administration

Western Area Power

Administration

West Valley Demonstration

Project

Yucca Mountain

Project Office

Ginny Weyland

Linda Lung

Robert Furlow

Thomas Wynn

Kevin Clarke

Dan Tano

Jim Chavez

Arthur Ben Gould

Joel Seymour

Marti Ayers

R. Steven Warner

Bryan Bower

Scott Wade

Jozette Booth

P.O. Box 3628

Tulsa, OK 74101

1617 Cole Boulevard

Golden, Colorado

80401-3393

P.O. Box 98518

Las Vegas, NV 89193-

8518

1301 Clay Street

Suite 700 North

Oakland, CA 94612-

5208

P.O. Box 2001

Oak Ridge, TN 37830

825 Jadwin Avenue

P.O. Box 550

Richland, WA 99352

Mail Stop 0131

P.O. Box 5800

Albuquerque, NM 87185-

0355

EQMD

P.O. Box A

Aiken, SC 29802

2 South Public Square

Sam Elbert Building

Elbertson, GA 30685

P.O. Box 1619

Tusla, OK 74101

P.O. Box 3402

Golden, CO 80401-0098

P.O. Box 191 - 10282

Rock Springs Road

West Valley, NY 14171

P.O. Box 30307

Las Vegas, NV 89036-

0307

918/699-2041

918/699-2005-Fax

303/275-3044

303/275-3076-Fax

702/295-0845

702/295-1455-Fax

510/637-1812

510/637-2015-Fax

423/576-0630

423/576-7813-Fax

509/376-6332

509/376-1563-Fax

509/376-1967

509/376-0306-Fax

505/844-4485

505/844-8496-Fax

803/725-3969

803/725-8434-Fax

706/213-3810

706/213-3884-Fax

918/595-6609

918/595-6758-Fax

303/275-2500

303/275-2637-Fax

716/942-4368

716/942-2068-Fax

702/794-5459

702/794-5467-Fax

702/794-1317

702/794-5038-Fax

OFFICE CONTACT MAIL CODE/ROOM # TELEPHONE # AND FAX #

INDIAN ISSUES POINTS OF CONTACT U. S. DEPARTMENT OF ENERGY HEADQUARTERS

National Petroleum

Technology Office

National Renewable Energy

Laboratory

17
Appendix 3

U.S. Department of Energy

American Indian Policy

PURPOSE

This policy outlines the principles to be followed by

the Department of Energy (DOE) in its interactions

with federally-recognized American Indian tribes. It

is based on federal policy, treaties, federal law and

the DOE’s responsibilities as a federal agency to

ensure that Tribal rights and interests are identified

and considered in pertinent decision-making. The

policy provides general guidance to DOE

personnel for management actions affecting

American Indians and emphasizes implementation

of such activities in a knowledgeable and sensitive

manner. This policy does not affect DOE

interactions with State-recognized Tribes with

respect to matters provided for by statute or

regulation.

DEFINITION

INDIAN COUNTRY means (a) all land within the

limits of any Indian reservation under the

Jurisdiction of the United States Government,

notwithstanding the issuance of any potent, and,

including rights-of-way running through the

reservation, (b) all dependent Indian communities

within the borders of the United States whether

within the original or subsequently acquired

territory thereof, and whether within or without the

limits of a state, and (c) all Indian

allotments, the Indian titles to which have not

been extinguished, including rights-of-way

running through the same. (18 USCS 1151)

BACKGROUND

American Indian Tribal Governments have a

special and unique legal and political relationship

with the Government of the United States, defined

by history, treaties, statutes, court decisions, and

the U.S. Constitution. The United States has

entered into more than 600 treaties and

agreements with American Indian tribes. These

treaties and agreements create a variety of legal

responsibilities by the United States toward

American Indian tribes and provide the basis for a

government-to-government relationship. Other

responsibilities toward American Indians are

created by Congress through statutory

enactments. Although the Department of the

Interior, through the Bureau of Indian Affairs, has

the principal responsibility for upholding obligations

of the Federal Government to American Indians,

this responsibility extends to all Federal agencies.

POLICY

1. THE DEPARTMENT RECOGNIZES AND

COMMITS TO A GOVERNMENT-TOGOVERNMENT RELATIONSHIP WITH

AMERICAN INDIAN TRIBAL GOVERNMENTS.

DOE recognizes Tribal governments as sovereign

entities with, in most cases, primary authority and

responsibility for Indian country. In keeping with the

principle of American Indian self-government, the

Department will view tribal governments as the

appropriate non-Federal parties for making

decisions affecting Indian country, its energy

resources and environments, and the health and

welfare of its populace. The Department will

recognize the right of each Tribe to set its own

priorities and goals in developing and managing its

energy resources. The Department recognizes that

some tribes have treaty-protected interests in

resources outside reservation boundaries.

2. DOE RECOGNIZES THAT A TRUST

RELATIONSHIP DERIVES FROM THE

HISTORICAL RELATIONSHIP BETWEEN THE

FEDERAL GOVERNMENT AND AMERICAN

INDIAN TRIBES AS EXPRESSED IN CERTAIN

TREATIES AND FEDERAL INDIAN LAW.

In keeping with the trust relationship, the DOE

will consult with Tribal governments regarding the

impact of DOE activities on the energy,

environmental and natural resources of American

Indian tribes when carrying out its responsibilities.

3. THE DEPARTMENT WILL CONSULT WITH

TRIBAL GOVERNMENTS TO ASSURE THAT

TRIBAL RIGHTS AND CONCERNS ARE

CONSIDERED PRIOR TO DOE TAKING

ACTIONS, MAKING DECISIONS OR

IMPLEMENTING PROGRAMS THAT MAY

AFFECT TRIBES.

The DOE will take a proactive approach to

solicit input from Tribal governments on

departmental policies and issues. The Department

will encourage Tribal Governments and their

members to participate fully in the national and

regional dialogues concerning departmental

programs and issues.

18
4. CONSISTENT WITH FEDERAL CULTURAL

RESOURCE LAWS AND THE AMERICAN INDIAN

RELIGIOUS FREEDOM ACT (P.L. 95-341), EACH

FIELD OFFICE OR DOE INSTALLATION WITH

AREAS OF CULTURAL OR RELIGIOUS

CONCERN TO AMERICAN INDIANS WILL

CONSULT WITH THEM ABOUT THE POTENTIAL

IMPACTS OF PROPOSED DOE ACTIONS ON

THOSE RESOURCES AND WILL AVOID

UNNECESSARY INTERFERENCE WITH

TRADITIONAL RELIGIOUS PRACTICES.

DOE will comply with all cultural resource

legislation and implementing regulations in the

management and operation of its programs and

facilities. Consultation with appropriate American

Indian tribal governments is part of the compliance

process involving Federal cultural resource laws

and the American Indian Religious Freedom Act.

Consultation may include, but is not limited to 1)

the exchange of information concerning the

location and management of cultural resources, 2)

repatriation or other disposition of objects and

human remains, 3) access to sacred areas and

traditional resources located on DOE lands in

accordance with safety, health and national

security considerations, and 4) assessment of

Potential community impacts.

5. THE DEPARTMENT WILL IDENTIFY AND

SEEK TO REMOVE IMPEDIMENTS TO

WORKING DIRECTLY AND EFFECTIVELY WITH

TRIBAL GOVERNMENTS ON DOE PROGRAMS.

DOE recognizes that there may be regulatory,

statutory and/or procedural impediments which

limit or restrict our ability to work effectively and

consistently with tribes. In keeping with this policy,

we will seek to remove any such impediments.

Additionally, we will, to the maximum extent

permitted by law, apply existing statutory,

regulatory and procedural requirements in a

manner that furthers the goals of this policy.

6. THE DEPARTMENT WILL WORK WITH

OTHER FEDERAL AND STATE AGENCIES THAT

HAVE RELATED RESPONSIBILITIES TO

CLARIFY THE ROLES, RESPONSIBILITIES AND

RELATIONSHIPS OF OUR RESPECTIVE

ORGANIZATIONS AS THEY RELATE TO TRIBAL

MATTERS.

DOE will seek and promote cooperation with

other agencies that have related responsibilities. In

many areas of concern to DOE, cooperation and

mutual consideration among neighboring

governments (Federal, State, Tribal and local) is

essential. Accordingly, DOE will encourage early

communication and cooperation among all

governmental parties. This recognizes that the

principle of comity among equals and neighbors

often serves the best interests of all parties.

7. THE DEPARTMENT WILL INCORPORATE

THIS POLICY INTO ITS ONGOING AND LONGTERM PLANNING AND MANAGEMENT

PROCESSES.

It is key to this effort to ensure that the

principles of this policy are effectively

institutionalized by incorporating them into the

Department’s ongoing and long-term planning and

management processes. Department managers

will include specific programmatic actions designed

to facilitate tribal participation in Departmental

program planning and activities.

James D. Watkins

Admiral, U.S. Navy (Retired)

Secretary of Energy

Reaffirmed:

Hazel O’Leary

Secretary of Energy

Date

Reaffirmed:

Frederico Pena

Secretary of Energy

Date

Reaffirmed:

Bill Richardson

Secretary of Energy

Date

Appendix 4

Government-to-Government Relations with

Native American Tribal Governments

The following memorandum was sent to all heads of

executive departments and agencies and appeared in

the May 4, 1994 issue of the Federal Register. It was

signed and released in conjunction with the historic

meeting between the President and representatives

of Tribal governments held at the White House on

April 29, 1995.

19
The White House

Washington, DC

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-togovernment 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 selfgovernment 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 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.

WILLIAM J. CLINTON

Appendix 5

Executive Order 13007

Indian Sacred Sites

By the authority vested in me as President by the

Constitution and the laws of the United States, in

furtherance of Federal treaties, and in order to protect

and preserve Indian religious practices, it is hereby

ordered:

20
Section 1. Accommodation of Sacred Sites.

(a) In managing Federal lands, each executive

branch agency with statutory or administrative

responsibility for the management of Federal lands

shall, to the extent practicable, permitted by law,

and not clearly inconsistent with essential agency

functions,

1) Accommodate access to and ceremonial use

of Indian sacred sites by Indian religious

practitioners, and

2) Avoid adversely affecting the physical

integrity of such sacred sites. Where appropriate,

agencies shall maintain the confidentiality of

sacred sites.

(b) For the purposes of this order:

(i) “Federal lands” means any land or interests in

land owned by the United States, including

leasehold interests held by the United States,

except Indian trust lands;

(ii) “Indian tribe” means an Indian or Alaska

Native Tribe, band, nation, pueblo, village, or

community that the Secretary of the Interior

acknowledges to exist as an Indian Tribe pursuant

to Public Law No. 103-454, 108 Stat. 4791, and

“Indian “ refers to a member of such an Indian

Tribe; and

(iii) “Sacred site” means any specific, discrete,

narrowly delineated location on Federal land that is

identified by an Indian Tribe, or Indian individual

determined to be an appropriately authoritative

representative of an Indian religion, as sacred by

virtue of its established religious significance to, or

ceremonial use by, an Indian religion; provided that

the Tribe or appropriately authoritative

representative of an Indian religion has informed

the agency of the existence of such a site.

Section 2: Procedures.

(a) Each executive branch agency with statutory

or administrative responsibility for the management

of Federal lands shall, as appropriate, promptly

implement procedures for the purposes of carrying

out the provisions of section I of this order,

including, where practicable and appropriate,

procedures to ensure reasonable notice is

provided of proposed actions or land management

policies that may restrict future access to or

ceremonial use of, or adversely affect the physical

integrity of, sacred sites. In all actions pursuant to

this section, agencies shall comply with the

Executive memorandum of April 29, 1994,

“Government-to-Government Relations with Native

American Tribal Governments.”

(b) Within 1 year of the effective date of this

order, the head of each executive branch agency

with statutory or administrative responsibility for

the management of Federal lands shall report to

the President, through the Assistant to the

President for Domestic Policy, on the

implementation of this order. Such reports shall

address, among the other things, (i) any changes

necessary to accommodate access to and

ceremonial use of Indian sacred sites; (ii) any

changes necessary to avoid adversely affecting the

physical integrity of Indian sacred sites; and (iii)

procedures implemented or proposed to facilitate

consultation with appropriate Indian Tribes and

religious leaders and the expeditious resolution of

disputes relating to agency action on Federal lands

that may adversely affect access to, ceremonial

use of, or the physical integrity of sacred sites.

Section 3

Nothing in this order shall be construed to require a

taking of vested property interests. Nor shall this

order be construed to impair enforceable rights to use

of Federal lands that have been granted to third

parties through final agency action. For purposes of

this order, “agency action” has the same meaning as

in the Administrative Procedure Act (5 U.S.C. 551

(13)).

Section 4

This order is intended only to improve the internal

management of the executive branch and is not

intended to, nor does it, create any right, benefit, or

trust responsibility, substantive or procedural,

enforceable at law or equity by any party against the

United States, its agencies, officers, or any person.

WILLIAM J. CLINTON

The White House

May 24, 1996

21
Appendix 6

Executive Order 13021

Tribal Colleges and Universities

By the authority vested in me as President by the

Constitution laws of the United States of America, in

reaffirmation of the special relationship of the Federal

government to American Indians and Alaska Natives,

and, for the purposes of helping to:

(a) ensure that Tribal colleges and universities

are more fully recognized as accredited

institutions, have access to the opportunities

afforded other institutions, and have Federal

resources committed to them on a continuing

basis;

(b) establish a mechanism that will increase

accessibility of Federal resources for Tribal

colleges and universities in Tribal communities;

(c) promote access to high-quality educational

opportunity for economically disadvantaged

students;

(d) promote the preservation and the

revitalization of American Indian and Alaska Native

languages and cultural traditions;

(e) explore innovative approaches to better link

Tribal colleges with early childhood, elementary,

and secondary education programs; and

(f) support the National Education Goals (20

U.S.C. 5812), it is hereby ordered as follows:

Section 1 Definition of Tribal Colleges and

Universities.

Tribal colleges and universities (Tribal colleges) are

those institutions cited in section 532 of the Equity in

Educational Land-Grant Status Act of 1994 (7 U.S.C.

301 note), any other institution that qualifies for

funding under the Tribally Controlled Community

College Assistance Act of 1978, (25 U.S.C. 1801 et

seq.), and Navajo Community College, authorized in

the Navajo Community College Assistance Act of

1978, Public Law 95-471, title II (25 U.S.C.

640a note).

Section 2 Board of Advisors.

 (a) Establishment.

There shall be established in the Department

of Education a Presidential advisory committee

entitled the President’s Board of Advisors on Tribal

Colleges and Universities (“Board”). Notwithstanding

the provisions of any other Executive Order, the

responsibilities of the President under the Federal

Advisory Committee Act, as amended (5 U.S.C.

App.), with respect to the Board, shall be performed

by the Secretary of Education (“Secretary”), in

accordance with the guidelines and procedures

established by the Administrator of General Services.

(b) Composition.

The Board shall consist of not more that 15

members who shall be appointed by the President.

The Board shall include representatives of Tribal

colleges. The Board may also include representatives

of the higher, early childhood, elementary, and

secondary education communities; Tribal officials;

health, business, and financial institutions; private

foundations; and such other persons as the President

deems appropriate. Members of the Board will serve

terms of two years and may be reappointed to

additional terms. A Member may continue to serve

until his or her successor is appointed. In the event a

Member fails to serve a full term, an individual

appointed to replace that Member will serve the

remainder of that term. All terms will expire upon the

termination of the Board.

(c) Role of Board.

The Board shall provide advice regarding the

progress made by Federal agencies toward fulfilling

the purposes and objectives of this order. The Board

shall also provide recommendations to the President

and the Secretary at least annually on ways Tribal

colleges can:

1) utilize long-term development, endowment

building, and master planning to strengthen

institutional viability;

2) utilize the Federal and private sector to

improve financial management and security, obtain

private sector funding support, and expand and

complement Federal education initiatives;

22
3) develop institutional capacity through the use

of new and emerging technologies offered by both

the Federal and private sectors;

4) enhance physical infrastructure to facilitate

more efficient operation and effective recruitment

and retention of students and faculty; and

5) help achieve National Education Goals and

meet other high standards of education

accomplishment.

(d) Scheduled Meetings.

The Board shall meet at least annually to

provide advice and consultation on Tribal colleges

and relevant Federal and private sector activities, and

to transmit reports and present recommendations.

Section 3 Office of White House Initiative.

There shall be established in the Department of

Education the White House Initiative on Tribal

Colleges and Universities (“Initiative”). The Initiative

shall be authorized to:

(a) provide the staff support for the Board;

(b) assist the Secretary in the role of liaison

between the executive branch and Tribal colleges;

(c) serve the Secretary in carrying out the

Secretary’s responsibilities under this order; and

(d) utilize the services, personnel, information,

and facilities of other Federal, State, Tribal, and

local agencies with their consent, and with or

without reimbursement, consistent with applicable

law. To the extent permitted by law and

regulations, each Federal agency shall cooperate

in providing resources, including personnel

detailed to the Initiative, to meet the objectives of

the order.

Section 4 Department and Agency Participation.

Each participating executive department and agency

(hereinafter collectively referred to as “agency”), as

determined by the Secretary, shall appoint a senior

official, who is a full-time officer of the Federal

government and who is responsible for management

or program administration, to serve as liaison to the

White House Initiative. The official shall report directly

to the agency head, or agency representative, on

agency activity under this order and serve as

liaison to the White House Initiative. To the extent

permitted by law and regulation, each agency shall

provide appropriate information in readily available

formats requested by the White House Initiative staff

pursuant to this order.

Section 5 Five-Year Plan.

(a) Content.

Each agency shall, in collaboration with Tribal

colleges, develop and document a Five-Year Plan

of the agency’s efforts to fulfill the purpose of this

order. These Five-Year Plans shall include annual

performance indicators and appropriate

measurable objectives for the agency. The plans

shall address among other relevant issues:

1) barriers impeding the access of Tribal

colleges to funding opportunities and to

participation in Federal programs, and ways to

eliminate the barriers;

2) technical assistance and information that will

be made available to Tribal colleges regarding the

program activities of the agency and the

preparation of applications or proposals for grants,

cooperative agreements, or contracts; and

3) an annual goal for agency funds to be

awarded to Tribally controlled colleges and

universities in:

4) grants, cooperative agreements, contracts,

and procurement;

5) related excess property-type acquisitions

under various authorities such as section 923 of

the Federal Agriculture Improvement and Reform

Act of 1996 (7 U.S.C. 2206a) and the Federal

Property and Administrative Services Act of 1949,

chapter 288, 63 Stat. 377 (codified as described at

40 U.S.C. 471 note); and

6) the transfer of excess and surplus Federal

computer equipment under Executive Order

12999.

23
In developing the Five-Year Plans required by

this order, agencies shall strive to include Tribal

colleges in all aspects and activities related to the

attainment of the participation goals described in

Executive Order 12928, “Promoting Procurement with

Small Businesses Owned as Controlled by Socially

and Economically Disadvantaged Individuals,

Historically Black Colleges and Universities, and

Minority Institutions.” The Plans may also emphasize

access to high-quality educational opportunity for

economically disadvantaged Indian students; the

preservation and revitalization of American Indian

and Alaska Native languages and cultural traditions;

innovative approaches to better link Tribal colleges

with early childhood, elementary, and secondary

education programs; and the National Education

Goals.

(b) Submission.

Each agency shall submit its Five-Year Plan

to the White House Initiative Office. In consultation

with the Board, the White House Initiative Office

shall review these Five-Year Plans and develop an

integrated Five-Year Plan for Assistance to Tribal

Colleges, which the Secretary shall review and

submit to the President. The Five-Year Plan for

Assistance to Tribal Colleges may be revised

within the five-year period.

(c) Annual Performance Reports.

Each agency shall submit to the White House

Initiative Office an Annual Performance Report that

shall measure each agency’s performance against

the objectives set forth in its Five-Year Plan. In

consultation with the Board, the White House

Initiative Office shall review and combine Annual

Performance Reports into one annual report, which

shall be submitted to the Secretary for review, in

consultation with the Office of Management and

Budget.

Section 6. Private Sector.

In Cooperation with the Board, the White House

Initiative office shall encourage the private sector to

assist Tribal colleges through increased use of such

strategies as;

(a) matching funds to support increased

endowments;

(b) developing expertise and more effective ways

to manage finance, improve information systems,

build facilities, and improve course offerings; and

(c) increasing resources for and training of faculty.

Section 7 Termination.

The Board shall terminate two years after the date of

this Executive Order unless the Board is renewed by

the President prior to the end of that two-year period.

Section 8 Administration.

 (a) Compensation.

Members of the Board shall serve without

compensation, but shall be allowed travel

expenses, including per diem in lieu of

subsistence, as Government service (5 U.S.C.

5701-5707).

(b) Funding.

The Board and the Initiative shall be funded

by the Department of Education.

(c) Administrative Support.

The Department of Education shall provide

appropriate administrative services and staff

support for the Board and the Initiative. With the

consent of the Department of Education, other

agencies participating in the Initiative Office

consistent with statutory authority and shall make

use of section 112 of title 3, United States Code, to

detail agency employees to the extent permitted by

law. The Board and the White House Initiative

Office shall have a core staff and shall be

supported at appropriate levels.

William J. Clinton

24
Appendix 7

American Indian and Alaska Native

Education

Executive Order

August 6, 1998

THE WHITE HOUSE

AMERICAN INDIAN AND ALASKA NATIVE

EDUCATION

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, in affirmation of the unique political and

legal relationship of the Federal government with

Tribal governments, and in recognition of the unique

educational and culturally related academic needs of

American Indian and Alaska Native students, it is

hereby

ordered as follows:

Section 1. Goals.

The Federal government has a special, historic

responsibility for the education of American Indian

and Alaska Native students. Improving educational

achievement and academic progress for American

Indian and Alaska Native students is vital to the

national goal of preparing every student for

responsible citizenship, continued learning, and

productive employment. The Federal government is

committed to improving the academic performance

and reducing the dropout rate of American Indian and

Alaska Native students. To help fulfill this commitment

in a manner consistent with Tribal traditions and

cultures, Federal agencies need to focus special

attention on six goals:

(1) improving reading and mathematics;

(2) increasing high school completion and

postsecondary attendance rates;

(3) reducing the influence of long-standing

factors that impede educational performance, such

as poverty and substance abuse;

(4) creating strong, safe, and drug-free school

environments;

(5) improving science education; and

(6) expanding the use of educational technology.

Section 2. Strategy.

In order to meet the six goals of this order, a

comprehensive Federal response is needed to

address the fragmentation of government services

available to American Indian and Alaska Native

students and the complexity of intergovernmental

relationships affecting the education of those

students. The purpose of the Federal activities

described in this order is to develop a

long-term, comprehensive Federal Indian

education policy that will accomplish those goals.

(a) Interagency Task Force.

There is established an Interagency Task

Force on American Indian and Alaska Native

Education (Task Force) to oversee the planning

and implementation of this order. The Task Force

shall confer with the National Advisory Council on

Indian Education (NACIE) in carrying out activities

under this order. The Task Force shall consult with

representatives of American Indian and Alaska

Native Tribes and organizations, including the

National Indian Education Association (NIEA) and

the National Congress of American Indians (NCAI),

to gather advice on implementation of the activities

called for in this order.

(b) Composition of the Task Force.

(1) The membership of the Task Force shall

include representatives of the Departments of the

Treasury, Defense, Justice, Interior, Agriculture,

Commerce, Labor, Health and Human services,

Housing and Urban Development, Transportation,

Energy, and Education, as well as the

Environmental Protection Agency, the Corporation

for National and Community Service, and the

National Science Foundation. With the agreement

of the Secretaries of Education and the Interior,

other agencies may participate in the activities of

the Task Force.

(c) Interagency plan.

The Task Force shall, within 90 days of the

date of this order, develop a Federal interagency

plan with recommendations identifying initiatives,

strategies, and ideas for future interagency action

supportive of the goals of this order.

25
(d) Agency participation.

To the extent consistent with law and agency

priorities, each participating agency shall adopt

and implement strategies to maximize the

availability of the agency’s education-related

programs, activities, resources, information, and

technical assistance to American Indian and

Alaska Native students. In keeping with the spirit of

the Executive Memorandum of April 29,1994, on

Government-to-Government Relations with Native

American Tribal Governments and Executive Order

13084 of May 14, 1998, each participating agency

shall consult with Tribal governments on their

education-related needs and priorities, and on how

the agency can better accomplish the goals of this

order. Within six months, each participating agency

shall report to the Task Force regarding the

strategies it has developed to ensure such

consultation.

(e) Interagency resource guide.

The Task Force shall identify, within

participating Federal agencies, all educationrelated programs and resources that support the

goals of this order. Within 12 months, the Task

Force, in conjunction with the Department of

Education, shall develop, publish, and widely

distribute a guide that describes those programs

and resources and how American Indians and

Alaska Natives can benefit from them.

(f) Research.

The Secretary of Education, through the Office of

Educational Research and Improvement and the

Office of Indian Education, and in consultation with

NACIE and participating agencies, shall develop

and implement a comprehensive Federal research

agenda to:

(1) establish baseline data on academic

achievement and retention of American Indian and

Alaska Native students in order to monitor

improvements;

(2) evaluate promising practices used with those

students; and

(3) evaluate the role of native language and

culture in the development of educational

strategies. Within one year, the Secretary of

Education shall submit the research agenda,

including proposed timelines, to the Task Force.

(g) Comprehensive Federal Indian education

policy.

(1) The Task Force shall, within two years of the

date of this order, develop a comprehensive

Federal Indian education policy to support the

accomplishment of the goals of this order. The

policy shall be designed to:

(A) improve Federal interagency cooperation;

(B) promote intergovernmental collaboration;

and

(C) assist Tribal governments in meeting the

unique educational needs of their children,

including the need to preserve, revitalize, and use

native languages and cultural traditions.

(2) In developing the policy, the Task Force shall

consider ideas in the Comprehensive Federal

Indian Education Policy Statement proposal

developed by the NIEA and the NCAI.

(3) The Task Force shall develop

recommendations to implement the policy,

including ideas for future interagency action.

(4) As appropriate, participating agencies may

develop memoranda of agreement with one

another to enable and enhance the ability of Tribes

and schools to provide, and to coordinate the

delivery of Federal, Tribal, State, and local

resources and services, including social and

health-related services, to meet the educational

needs of American Indian and Alaska Native

students.

26
(h) Reports. The Task Force co-chairs shall

submit the comprehensive Federal Indian

education policy, and report annually on the

agencies, activities, accomplishments, and

progress toward meeting the goals of this order, to

the Director of the Office of Management and

Budget.

Section 3. Regional partnership forums.

The Departments of Education and Interior, in

collaboration with the Task Force and Federal, Tribal,

State, and local government representatives, shall

jointly convene, within 18 months, a series of regional

forums to identify promising practices and

approaches on how to share information, provide

assistance to schools, develop partnerships, and

coordinate intergovernmental strategies supportive of

accomplishing the goals of this order. The

Departments of Education and the Interior shall

submit a report on the forums to the Task Force,

which may include recommendations relating to

intergovernmental relations.

Section 4. School pilot sites.

The Departments of Education and the Interior

shall identify a reasonable number of schools

funded by the Bureau of Indian Affairs (BIA) and

public schools that can serve as a model for

schools with American Indian and Alaska Native

students, and provide them with comprehensive

technical assistance in support of the goals of this

order. A special team of

technical assistance providers, including Federal

staff, shall provide assistance to these schools.

Special attention shall be given, where appropriate,

to assistance in implementing comprehensive school

reform demonstration programs that meet the criteria

for those programs established by the Departments

of Labor, Health and Human Services, and

Education, and Related Agencies Appropriations Act,

1998 (Public Law 105-78), and to providing

comprehensive service delivery that connects and

uses diverse Federal agency resources. The team

shall disseminate effective and promising practices of

the school pilot sites to other local educational

agencies. The team shall report to the Task Force on

its accomplishments and its recommendations for

improving technical support to local educational

agencies and schools funded by the BIA.

Section 5. Administration.

The Department of Education shall provide

appropriate administrative services and staff support

to the Task Force. With the consent of the

Department of Education, other participating

agencies may provide administrative support to the

Task Force, consistent with their statutory authority,

and may detail agency employees to the Department

of Education, to the extent permitted by law.

Section 6. Termination.

The Task Force established under Section 2 of this

order shall terminate not later than five years from the

date of this order.

Section 7. General provisions.

This order is intended only to improve the internal

management of the executive branch and is not

intended to, and does not, create any right or benefit,

substantive or procedural, enforceable at law or

equity by a party against the United States, its

agencies or instrumentalities, its officers or

employees, or any other person. This order is not

intended to preclude, supersede, replace, or

otherwise dilute any other Executive order relating to

American Indian and Alaska Native education.

WILLIAM J. CLINTON

THE WHITE HOUSE

August 6, 1998

1. An Introduction to Indian Nations in the United

States, National Congress of American Indians, 1301

Connecticut Ave NW, Second Floor, Washington DC,

20036, p. 4.

27