Monday, 

November 9, 2009 

Part IV 

The President 

Memorandum of November 5, 2009— 

Tribal Consultation 

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Presidential Documents

57881 

Federal Register 

Vol. 74, No. 215 

Monday, November 9, 2009 

Title 3— 

The President 

Memorandum of November 5, 2009 

Tribal Consultation 

Memorandum for the Heads of Executive Departments And Agencies 

The United States has a unique legal and political relationship with Indian 

tribal governments, established through and confirmed by the Constitution 

of the United States, treaties, statutes, executive orders, and judicial decisions. In recognition of that special relationship, pursuant to Executive Order 

13175 of November 6, 2000, executive departments and agencies (agencies) 

are charged with engaging in regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that 

have tribal implications, and are responsible for strengthening the government-to-government relationship between the United States and Indian tribes. 

History has shown that failure to include the voices of tribal officials in 

formulating policy affecting their communities has all too often led to undesirable and, at times, devastating and tragic results. By contrast, meaningful 

dialogue between Federal officials and tribal officials has greatly improved 

Federal policy toward Indian tribes. Consultation is a critical ingredient 

of a sound and productive Federal-tribal relationship. 

My Administration is committed to regular and meaningful consultation 

and collaboration with tribal officials in policy decisions that have tribal 

implications including, as an initial step, through complete and consistent 

implementation of Executive Order 13175. Accordingly, I hereby direct each 

agency head to submit to the Director of the Office of Management and 

Budget (OMB), within 90 days after the date of this memorandum, a detailed 

plan of actions the agency will take to implement the policies and directives 

of Executive Order 13175. This plan shall be developed after consultation 

by the agency with Indian tribes and tribal officials as defined in Executive 

Order 13175. I also direct each agency head to submit to the Director 

of the OMB, within 270 days after the date of this memorandum, and 

annually thereafter, a progress report on the status of each action included 

in its plan together with any proposed updates to its plan. 

Each agency’s plan and subsequent reports shall designate an appropriate 

official to coordinate implementation of the plan and preparation of progress 

reports required by this memorandum. The Assistant to the President for 

Domestic Policy and the Director of the OMB shall review agency plans 

and subsequent reports for consistency with the policies and directives 

of Executive Order 13175. 

In addition, the Director of the OMB, in coordination with the Assistant 

to the President for Domestic Policy, shall submit to me, within 1 year 

from the date of this memorandum, a report on the implementation of 

Executive Order 13175 across the executive branch based on the review 

of agency plans and progress reports. Recommendations for improving the 

plans and making the tribal consultation process more effective, if any, 

should be included in this report. 

The terms ‘‘Indian tribe,’’ ‘‘tribal officials,’’ and ‘‘policies that have tribal 

implications’’ as used in this memorandum are as defined in Executive 

Order 13175. 

The Director of the OMB is hereby authorized and directed to publish 

this memorandum in the Federal Register. 

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57882 Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 / Presidential Documents 

This memorandum is not intended to, and does not, create any right or 

benefit, substantive or procedural, enforceable at law or in equity by any 

party against the United States, its departments, agencies, or entities, its 

officers, employees, or agents, or any other person. Executive departments 

and agencies shall carry out the provisions of this memorandum to the 

extent permitted by law and consistent with their statutory and regulatory 

authorities and their enforcement mechanisms. 

THE WHITE HOUSE, 

Washington, November 5, 2009. 

[FR Doc. E9–27142 

Filed 11–6–09; 11:15 am] 

Billing code 3110–01–P 


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