### 2806 

# Nov 6 Administrationof 

### William

## JClinton2000 

## Statementon Signing the Executive 

# OrderonConsultation 

# and Coordination 

# With Indian Tribal

# Governments November 

# 6 2000

Today I 

## am pleased to sign

### a revised 

# Executive
order

## on consultation with Indian tribal 

### governments This Executive 

### order itself 

### based on consultation will 

### renew

# my 

# administration’s commitment to tribal sovereignty 

### and our government 

## togovernment 

# relationship

The first 

### Americans hold 

### a unique place in 

### our history 

## Long before others 

## came to 

### our shores the first 

### Americans had 

# established self governing societies 

## Among their societies 

### democracy flourished long before the 

### founding of 

### our Nation Our Nation 

# entered

into treaties with Indian nations 

### which acknowledged their right to self 

### government and protected their 

### lands 

## The Constitution affirms the 

### United States’ 

### government 

# togovernment relationship with Indian tribes 

### both in 

### the 

## Commerce Clausewhich 

# establishes that ‘‘the 

### Congress shall 

### have the 

### Power 

## To regulate 

### commerce with the Indian Tribes,’’ 

### and in the 

### Supremacy Clause which ratifies 

### the Indian treaties that the 

### United States entered into prior to

## 1787 Indian nations 

### and tribes 

### ceded lands water and mineral rights in 

### exchange for 

### peace security health 

### care and education The Federal Government did not always live 

## up to its 

### end of the 

### bargain That was

## wrong and I 

### have worked hard to 

### change that 

### by recognizing the 

### importance of tribal 

# sovereignty and government 

## togovernment 

# relations When I 

### became the first President since 

### James 

## Monroe to invite the leaders of every tribe tothe 

### White 

## House in April 

## 1994 I 

### vowed to 

### honor and respect tribal 

# sovereignty At that historic 

### meeting I issued
a 

## memorandum directing all Federal 

# agencies
to consult with Indian tribes before 

# making

decisions 

### on matters affecting 

### American Indian 

### and Alaska Native 

### peoples



## Today there is nothing 

### more important in 

### Federal tribal relations than fostering true 

### government 

## togovernment relations to 

# empower American Indians 

### and Alaska Natives to 

### improve their

## own lives the lives of their 

### children and the generations to 

## come 

# We must continue to 

### engage in a partnership so that the first 

### Americans can reach their full potential 

# So in 

### our Nation’s relations with Indian tribes 

### our first principle 

### must be to respect the right of 

### American Indians 

### and Alaska Natives to self

### determination 

# We must respect Native Americans’ rights to 

### choose for themselves their

## own way of life 

### on their 

## own lands according to their 

### time honored cultures 

### and traditions 

# We must also 

### acknowledge that 

### American Indians 

### and Alaska Natives 

### must have access to

## new 

# technology and 

## commerce to 

### promote economic opportunity in their 

### homelands



## Today I reaffirm

### our commitment to tribal sovereignty self 

### determination and self 

# government by issuing this revised Executive order 

### on consultation 

### and coordination with Indian tribal 

### governments This Executive order builds 

### on prioractions 

### and strengthens 

### our government 

## togovernment relationship with Indian tribes It will 

### ensure that all 

# Executive departments and agencies consult with Indian tribes 

### and respect tribal 

# sovereignty
asthey develop policy 

### on issues that 

### impact Indian 

### communities


## Executive 

# Order

# 13175— Consultation 

# and Coordination With Indian Tribal 

# Governments November 

# 6 2000

By the authority vested in

# me as President 

### by the Constitution 

### and the laws of the 

### United States of 

### America and in order to establish regular 

### and meaningful consultation 

### and collaboration with tribal officials in the 

### development of Federal policies that 

### have tribal implications to strengthen 

### the United States 

### government 

## togovernment 

# relationships with Indian tribes 

### and to 

### reduce the imposition of 

### unfunded mandates upon



# Indian

tribes it is 

### hereby ordered as follows 

### Section 

# 1 Definitions 

### For purposes of this

### order 

# a

‘‘Policies that 

### have tribal implications’’ refers to regulations legislative 

### comments or 

### proposed legislation 

### and other policy 

# statements
or actions that 

### have substantial direct effects 

## on one or 

### more Indian tribes 

### on the relationship 

### between the Federal 

# Government and Indian tribes or

### onthe distribution


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# WDISCPD13NO00.000 ATX006 

### PsNATX006Administration of 

### William

# JClinton 2000 

# Nov 6 2807

of 

### power and responsibilities 

### between the Federal 

### Government and Indian tribes 

# b

‘‘ Indian tribe’’ 

### meansan 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 the Federally 

### Recognized Indian Tribe List

### Act of

## 1994 25

# US

# C479a 

# c ‘‘Agency’’ 

## means any authority of the 

### United States that is 

### an ‘‘agency’’ 

### under 44 

# US

# C 3502

# 1 other than those considered to 

### be independent regulatory 

### agencies as 

# defined

in 

### 44

# US

# C3502

# 5 d

‘‘Tribal officials’’ 

## meanselected orduly appointed officials of Indian tribal 

# governments or authorized intertribal organizations 

## Sec

# 2 Fundamental Principles 

### In 

# formulating
or 

### implementing policies that 

### have tribal implications agencies shall 

### be guided bythe following 

### fundamental principles 

# a The United States has 

### a unique legal relationship with Indian tribal 

### governments
as set forth in

### the Constitution of the 

### United States treaties statutes Executive 

### Orders and court decisions Since the formation of the 

## Union the 

### United States 

### has recognized Indian tribes as 

### domestic dependent nations 

### under its protection 

## The Federal 

# Government has 

### enacted numerous statutes 

### and promulgated numerous regulations that 

# establish and define 

### a trust relationship with Indian tribes 

# b Our Nation under the 

### law of the 

### United States in accordance with treaties statutes Executive 

### Orders and judicial 

# decisions
has recognized the right of Indian tribes to self

### government As domestic 

# dependent nations Indian tribes exercise 

# inherent sovereign 

### powers over their 

## members and territory 

### The United States continues to 

### work with Indian tribes 

### on a 

# governmentto government basis to address issues 

# concerning Indian tribal self 

### government tribal trust 

### resources and Indian tribal treaty 

### and other rights 

# c The United States recognizes the right of Indian tribes to self

### government and 

# supports

tribal sovereignty 

### and self 

# determination

Sec

# 3 Policymaking Criteria In addition to adhering to the 

### fundamental principles set forth in section 

# 2 agencies shall 

### adhere to the extent permitted by

## law to the following criteria 

## when formulating 

### and implementing policies that 

### have tribal implications 

# a Agencies shall respect Indian tribal self

### government and sovereignty 

### honor 

# tribal

treaty 

### and other rights 

### and strive to 

### meet the responsibilities that arise 

### from the 

### unique legal relationship 

### between the Federal 

# Government and Indian tribal 

### governments 

# b With respect to 

### Federal statutes 

### and regulations administered 

### by Indian tribal 

### governments the Federal 

### Government shall grant Indian tribal 

### governments the 

# maximum
administrative discretion possible 

# c When undertaking to formulate 

### and implement policies that 

### have tribal 

# implications agencies shall 

# 1 encourage Indian tribes to develop their

## own policies to achieve 

### program objectives 

# 2 where possible defer to Indian tribes to establish

### standards and 

# 3 in 

### determining whether to establish Federal 

### standards consult with tribal officials as to the 

### need for Federal standards 

### and any alternatives that 

### would limit the 

### scope of Federal standards or otherwise preserve the prerogatives 

### and authority of Indian tribes 

## Sec 

# 4 Special 

### Requirements for 

# Legislative Proposals Agencies shall 

### not submit to the 

### Congress legislation that

### would be 

# inconsistent with the policymaking criteria in 

# Section 3 Sec

# 5Consultation 

# a Each agency shall 

### have an accountable process to 

### ensure 

# meaningful and timely input 

### by tribal officials in the 

### development of regulatory policies that 

### have tribal implications

### Within 30 days after the effective date of this 

### order the 

### head of 

### each agency shall designate 

### an official with principal responsibility for the agency’s 

# implementation of this 

### order Within 60 days of 

### the effective date of this 

### order the 

# designated
official shall 

### submit to the Office of 

## Management and Budget 

# OMB a 

# description of theagency’s consultation 

### process 

# b To the extent practicable 

### and 

# permitted by 

## law no agency shall 

### promulgate any regulation that has tribal implications that 

### imposes substantial direct 

### compliance costs 

## on Indian tribal 

### governments and that

is

### not required 

### bystatute 

### unless


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### 2808 

# Nov 6 Administrationof 

### William

## JClinton2000 

# 1 funds necessary to

### paythe direct costs incurred 

### by the Indian tribal 

# government
or 

### the tribe in 

### complying with the regulation are 

### provided by the Federal 

## Government or 

# 2 the 

### agency prior to the formal 

# promulgation ofthe regulation 

# A consulted with tribal officials early in the process of developing the 

# proposed regulation 

# B in a separately identified portion of the 

### preamble to the regulation as it
is to

## be issued in

### the Federal Register provides to 

### the Director of

# OMB a tribal 

## summary impact statement which consists of

### a description of the extent of

### the agency’s prior 

# consultation with tribal officials a 

## summary of the nature of their 

### concerns and the agency’s position supporting the 

### need to issue the regulation 

### and a statement of

### the extent to 

### which the 

### concerns of tribal officials 

### have been 

# metand 

# C makes available to 

### the Director of 

# OMB any written 

### communications submitted to the 

### agency by tribal 

# officials cTo the extent practicable 

### and permitted 

### by

## law no agency shall 

### promulgate any 

# regulation that 

### has tribal implications 

### and that 

### preempts tribal 

### law unless 

### the agency prior to the formal promulgation of the regulation 

# 1 consulted with tribal officials early in the process of developing the 

# proposed regulation 

# 2 in a separately identified portion of the 

### preamble to the regulation as it
is to

## be issued in

### the Federal Register provides to 

### the Director of

# OMB a tribal 

## summary impact statement which consists of

### a description of the extent of

### the agency’s prior 

# consultation with tribal officials a 

## summary of the nature of their 

### concerns and the agency’s position supporting the 

### need to issue the regulation 

### and a statement of

### the extent to 

### which the 

### concerns of tribal officials 

### have been 

# metand 

# 3 makes available to 

### the Director of 

# OMB any written 

### communications submitted to the 

### agency by tribal 

# officials d On issues relating to tribal self 

# government
tribal trust 

### resources or Indian tribal treaty 

### and other rights 

### each agency should explore 

## and where appropriate use 

# consensual mechanisms for developing regulations including negotiated 

### rulemaking



## Sec 

# 6 Increasing Flexibility for 

### Indian Tribal 

### Waivers 

# a Agencies shall 

### review the processes 

### under which Indian tribes apply for waivers of statutory 

### and regulatory 

### requirements and take appropriate steps to streamline those 

### processes 

# b Each agency shall to the extent 

# practicable and permitted 

### by 

## law consider 

### any application 

### by an Indian tribe for 

### a waiver of statutory or regulatory requirements in connection with 

### any program administered 

### by the 

### agency with 

### a general 

### view toward increasing opportunities for utilizing flexible policy approaches at the Indian tribal level in cases in 

### which the proposed waiver is 

# consistent with the applicable 

### Federal policy 

# objectives and is otherwise appropriate 

# c Each agency shall to the extent 

# practicable and permitted 

### by law render a 

# decision upon a

### complete application for

### awaiver within 

### 120 days ofreceipt of

### such application 

### by the 

### agency or as otherwise 

### provided by law or regulation If 

### the application for 

# waiver

is not 

### granted the 

### agency shall provide the applicant with timely written notice of the decision 

### and the reasons 

### therefor 

# d This section applies only to statutory or regulatory requirements that are 

# discretionary and subject to waiver 

### by the agency 

## Sec

# 7 Accountability 

# a In transmitting 

### any draft final 

# regulation that has tribal implications to

# OMB 

# pursuant
to Executive 

### Order 12866 of 

# September 30 1993 each agency shall include
a certification 

### from the official designated to 

### ensure compliance with this order stating that

### the requirements ofthis order 

### have been met in

### ameaningful and timely

## manner 

# b In transmitting 

### proposed legislation that 

### has tribal implications to 

# OMB each agency shall include 

### a certification 

### from the official designated to

### ensure compliance with this order that all relevant 

### requirements of this order 

### have been 

## met


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### William

# JClinton 2000 

# Nov 6 2809 

# c Within 180 days after the effective date of this order 

### the Director of

# OMB and the Assistant to 

### the President for 

# Intergovernmental Affairs shall confer with tribal officials to 

### ensure that this order is being properly 

### and effectively 

### implemented



## Sec 

# 8 Independent Agencies 

# Independent regulatory agencies are 

### encouraged to 

### comply with the provisions of this 

### order 

## Sec

# 9 General Provisions 

# a This order shall 

### supplement but 

### not supersede the 

# requirements contained in Executive 

### Order 12866 Regulatory Planning 

### and 

## Review Executive 

### Order 12988 Civil Justice 

# Reform OMB Circular

## A– 

# 19 and the 

# Executive Memorandum of April

# 291994 on 

# Government toGovernment Relations with 

# Native
American Tribal 

### Governments 

# b This order shall 

### complement the 

# consultation and waiver provisions in sections 

### 6 and 7 of Executive 

### Order 13132 

# Federalism c Executive 

### Order 13084 Consultation 

### and Coordination with Indian Tribal 

# Governments

is 

### revoked at

### the time this order takes effect 

# d This order shall 

### be effective 

### 60 days after

### the date ofthis

### order



## Sec 

# 10 Judicial 

### Review This order is 

# intended only to 

### improve the internal 

# management of

### the executive 

### branch and is not 

# intended
to create 

### any right benefit or trust responsibility substantive or

### procedural 

# enforceable
at 

### law by a party against 

### the United States its 

### agencies or

### anyperson William

# JClinton The White 

## House November

# 62000

Filed with the Office of the Federal Register 

# 845

## a

# mNovember

# 82000 

## NOTE This Executive order was published in the Federal Register 

### on November

# 9 Statementon Signing the Foreign Operations Export Financing 

# and Related Programs Appropriations 

# Act 2001 November 

# 6 2000

Today I 

## am pleased to sign into 

### law

# HR 4811 the Foreign Operations Export 

# Financing and Related 

### Programs 

# Appropriations Act 

## 2001 As I 

### have often 

### said there
is a right

### and awrong way to 

### conduct budget negotiations 

# When we have worked 

# together
we have unfailingly 

## made progress 

# When there is a

### genuine spirit of cooperation 

### and compromise 

## we can accomplish great things for 

### our people This 

## Act the result of just 

### such a bipartisan effort supports 

### our efforts to 

### promote peace and stability 

### around the 

### world in turn helping to 

## make our



# Nation

more safe

### and secure I 

## am particularly pleased that this 

# legislation funds 

### our landmark initiative to provide 

### debt relief to the poorest of the world’s 

# nations By fully funding 

### our commitment to 

### debt relief the bill supports this historic 

# effort

to give these poorest countries 

### a critical opportunity to effect 

### reform while using funds to 

### reduce poverty 

### and provide basic health care 

### and education for their 

### people I 

## commend the bipartisan efforts in

### the 

# Congress
to 

### fund this vital 

## program as well as efforts of all those across the political 

# spectrum who joined forces to secure this 

# critically important 

### funding Likewise I 

## am pleased that this legislation dramatically increases funding to fight 

# HIV AIDS In nations 

### around the 

### world 

# HIV AIDS is 

### a leading cause of death 

### and is 

# undermining decades of effort to 

### reduce 

# mortality improve health expand educational opportunities 

### and lift 

### people out of 

### poverty The funds 

### provided by the bill will 

# significantly expand our prevention 

### and treatment efforts in Africa 

### and other regions of the 

### world toturn

### the tide against this deadly 

# pandemic

This legislation also helps strengthen 

### our efforts to support 

### democracy and stability in Southeastern 

## Europe the 

### Newly 

# Independent States 

### and other 

### key regions In particular it includes increased funding for 

### our continued efforts to support 

### democracy and reform in 

## Kosovo and to support the


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