MEMORANDUM OF UNDERSTANDING 

REGARDING INTERAGENCY COORDINATION AND COLLABORATION 

FOR THE PROTECTION OF TRIBAL TREATY RIGHTS 

RELATED TO NATURAL RESOURCES 

White House Tribal Nations Conference 

November 29, 2016 

The White House Council on Native American Affairs Environment, Climate Change, and 

Natural Resources Subgroup developed the attached memorandum of understanding (MOU). 

The MOU affirms the signatory Agencies’ commitment to protect tribal treaty rights and 

similar tribal rights relating to natural resources through consideration of such rights in 

agency decisionmaking processes and enhanced interagency coordination and collaboration. 

The following agencies are signatories to the MOU as of the above date: 

 U.S. Department of the Interior 

 U.S. Department of Agriculture 

 U.S. Department of Justice 

 U.S. Department of Commerce 

 U.S. Department of Defense 

 U.S. Environmental Protection Agency 

 U.S. Department of Transportation 

 White House Council on Environmental Quality 

 Advisory Council on Historic Preservation 

This list will be updated as other agencies join the MOU. 
 

 

 

 

 

 

MEMORANDUM OF UNDERSTANDING 

among the 

U.S. Department of the Interior, 

U.S. Department of Agriculture, 

U.S. Department of Justice , 

U.S. Department of Commerce, 

U.S. Department of Defense, 

U.S. Environmental Protection Agency, 

U.S. Department of Transportation, 

White House Council on Environmental Quality, 

Advisory Council on Historic Preservation 

REGARDING INTERAGENCY COORDINATION AND COLLABORATION 

FOR THE PROTECTION OF TRIBAL TREATY RIGHTS 

I. Purpose and Principles 

The signatory agencies (Parties) enter into this Memorandum of Understanding (MOU) 

to affirm our commitment to protect tribal treaty rights and similar tribal rights relating to 

natural resources through consideration of such rights in agency decisionmaking processes 

and enhanced interagency coordination and collaboration. 

II. Background 

From 1778 to 1871, the Federal Government’s relations with American Indian tribes were 

defined and conducted largely through the treaty-making process. These treaties established 

unique sets of rights, benefits, and conditions for the treaty-making tribes that agreed to cede 

millions of acres of their homelands to the United States in return for recognition of property 

rights in land and resources and Federal protections. 

MEMORANDUM OF UNDERSTANDING REGARDING INTERAGENCY COORDINATION AND COLLABORATION 

FOR THE PROTECTION OF TRIBAL TREATY RIGHTS 

-1-
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Through treaty-making, Indian tribes granted land and other natural resources to the United 

States, while retaining all rights not expressly granted. Treaties with American Indian tribes 

cover a wide variety of subjects, including rights reserved by tribes relating to natural resources, 

such as the right to hunt, fish, and gather both on land ceded or given up by tribes, and on land 

retained by tribes. Although the treaty-making era ended in 1871, Federal treaties with tribes 

ratified by the U.S. Senate remain the law. 

Under the U.S. Constitution, treaties are part of the supreme law of the land, with the same legal 

force and effect as Federal statutes. Treaties bind both the Federal Government and the signing 

Indian tribe or tribes, and generally constitute recognition of rights to lands and resources, as 

well as rights to fish, hunt, and gather. As such, the Federal Government has an obligation to 

honor and respect tribal rights and resources that are protected by treaties. This means that 

federal agencies are bound to give effect to treaty language and, accordingly, must ensure that 

federal agency actions do not conflict with tribal treaty rights. Integrating consideration of 

tribal treaty rights into agency decisionmaking processes is also consistent with the Federal 

Government’s trust responsibility to federally recognized tribes. 

After the treaty-making era ended in 1871, agreements between tribes and the Federal 

Government were instead generally memorialized through other sources of law, including 

Acts of Congress, such as land claims settlement acts, and in some cases through executive 

orders. The Parties recognize that, like treaties, these other sources of federal law may also 

protect reserved tribal rights relating to natural resources. The Parties intend to consider 

these other natural resources rights as well, as part of the activities listed below. 

III. Participating Agency Agreement 

The Parties, as members of the White House Council on Native American Affairs, Environment, 

Climate Change, and Natural Resources Subgroup, will work together and consult with federally 

recognized tribes, as appropriate, in developing and implementing the following actions: 

1. Continue the Parties’ current efforts to integrate consideration of tribal treaty rights 

into their decisionmaking processes to ensure that agency actions are consistent with 

such applicable rights; 

2. Develop and share tools and resources to identify, understand, and analyze tribal 

treaty rights that may be affected by agency actions; 

3. Consider tribal treaty rights as part of the Parties’ respective tribal consultation 

policies and procedures; 

4. Identify and share best practices for considering tribal treaty rights in Federal 

decisionmaking processes, for example, in determining the potential effect of 

MEMORANDUM OF UNDERSTANDING REGARDING INTERAGENCY COORDINATION AND COLLABORATION 

FOR THE PROTECTION OF TRIBAL TREATY RIGHTS 

-2-
 

 

 

 

 

 

 

 

 

 

 

 

 

proposed agency actions on tribal treaty rights, or in analyzing potential 

environmental impacts of Federal actions pursuant to the National Environmental 

Policy Act, 42 U.S.C. § 4321 et seq.; and 

5. Establish a working group with members from each of the Parties to enhance 

interagency collaboration and coordination and address significant issues as they 

arise. This working group will include a sub-group of agency attorneys to provide 

legal support to the working group and facilitate interagency coordination on legal 

issues relating to tribal treaty rights. 

IV. General Provisions and Limitations 

This MOU is a voluntary agreement that expresses the good-faith intentions of the Parties, is 

not intended to be legally binding, does not create any contractual or fiscal obligations, and is 

not enforceable by any party. It does not create any right or benefit, substantive or procedural, 

enforceable by law or equity, by any party, against the Parties, their officers or employees, or 

any other person. This MOU does not direct or apply to any person outside of the Parties. 

All commitments made by the Parties in this MOU are subject to the availability of appropriated 

funds and budget priorities. Nothing in this MOU, in and of itself, obligates the Parties to expend 

appropriations or to enter into any contract, assistance agreement, interagency agreement, or 

incur other financial obligations. Any transaction involving transfers of funds between the 

Parties to this MOU will be handled in accordance with applicable laws, regulations, and 

procedures under separate written agreements. 

V. Administrative Provisions 

1. This MOU takes effect upon signature of the Parties and shall remain in effect until 

December 31, 2021. This MOU may be extended or amended upon written request 

from any Party and the subsequent written concurrence of the others. 

2. Any Party can opt out of this MOU by providing a 60-day written notice to the other 

signatories. 

3. Other Federal agencies may participate in this MOU at any time while the MOU is in 

effect. Participation will be evidenced by an agency official signature on the MOU. 

VI. Signatures of the Parties of the MOU on Tribal Treaty Rights 

See attachments. 

MEMORANDUM OF UNDERSTANDING REGARDING INTERAGENCY COORDINATION AND COLLABORATION 

FOR THE PROTECTION OF TRIBAL TREATY RIGHTS 

-3-
Secretary 

Department ofthe Interior 

MEMORANDUM OF UNDERSTANDING REGARDING lNTERAGENCY COORDINATION AND COLLABORATION 

FOR THE PROTECTION OF TRIBAL TREATY RIGHTS 
Secretary 

U.S. Department ofAgriculture 

Date 

MEMORANDUM OF UNDERSTANDING REGARDING INTERAGENCY COORDINATION AND COLLABORATION 

FOR THE PROTECTION OF TRIBAL ToEATY RIGHTS 
d..l..~sL September 26, 2016

Loretta E. Lynch Date 

Attorney General 

U.S. Department ofJustice 

\1EMOR.ANDUM OF UNDERSTANDING REGARDING [NTERAGENCY COORDl:"IA TION AND COLLABORATION 

FOR THE PROTECTION OF TRIBALTREATY RIGHTS 
/LI1-2-------- --·-- ---

Bruce H. Andrews 

Deputy Secretary of Commerce 

~·lEMUR:\!',;Dt :-.1 OF l!NDERS IAN!)J~f; RI-:G,\RDING NTERMil•:~n; CuURDl1':\ I IU:\ ,\ND Cu1.t1\UIJRA I !O'.'s 

l'OR !'I II~PROll.l'TIO~ UF TRIB,\ L l'ltESI-Y R!fii II~ 
NOV O 9 201 6 

Ashton Carter Date 

United States Secretary of Defense 

M EMORAND M OF UNDERSTANDING REGARDING INTER.AGENCY COORDIN/\TIOJ\ /\ND C OLLABORATION 

f'OR THE PROTECTION OF TR IBAL TREATY RI GI ITS 
~ GinaMcCarthy ________ _ __,.,_,_---=D 

Administrator 

Environmental Protection Agency 

__ _______ SEP202016 '-at""""e;;___

MEMORANDUM OF UNDERSTANDING REGARDING INTERAGENCY COORDINATION AND COLLABORATfOK 

FOR THE PROTECTION OF TRIBAL TREATY RIGHTS 
Date 

Secretary 

U.S. Department ofTransportation 

MEMORANDUM OF UNDERSTANDING REGARDING INTERAGENCY COORDINATION AND COLLABORATION 

FOR THE PROTECTION OF TRIBAL TREATY RIGHTS 
--+------------------September 20, 2016 ___ 

Milford Wayne Do aldson, F AIA 

Chairman 

Advisory Council o Historic Preservation 

-----

M EMORANDUM OF UNDERSTANDING REGARDING lNTERAGENCY COORDINATION AND COLLABO RA TJON 

FOR THE PROTECTION OF TRIBAL TREATY RIGHTS 
Christina Goldfuss 

Managing Director 

White House Couhcil 

on Environmental Quality 

09/26/16 

Date 

MEMORANDUM OF UNDERSTANDING REGARDING INTERAGENCY COORDINATION AND COLLABORATION 

FOR THE PROTECTION OF TRIBAL TREATY RIGHTS