2806 Nov 6 Administration of William J Clinton 2000

Statement on Signing the Executive

Order on Consultation and

Coordination With Indian

Tribal Governments

November 6 2000

Executive Today I am pleased to sign a revised

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 selfgoverning societies Among their

societies democracy flourished long before

the entered founding of our Nation Our Nation

into treaties with Indian nations which

acknowledged their right to selfgovernment

and protected their lands The Constitution

affirms the United States’ government togovernment relationship with Indian tribes

both establishes in the Commerce Clause which

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 to the White House in April 1994

I vowed to honor and respect tribal sovereignty At that historic meeting I issued

a

agencies memorandum directing all Federal making to consult with Indian tribes before

decisions on matters affecting American

Indian and Alaska Native peoples

Today there is nothing more important in

Federal tribal relations than fostering true

government empower togovernment relations to

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 selfdetermination 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 selfdetermination and self government by issuing this revised Executive

order on consultation and coordination with

Indian tribal governments This Executive

order builds on prior actions and strengthens

our government togovernment relationship

with Indian Executive tribes It will ensure that all

departments and agencies consult

with Indian tribes and respect tribal sovereignty as they 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 Government between the Federal

and Indian tribes or on the distribution


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Administration of William J Clinton 2000 Nov 6 2807

of power and responsibilities between the

Federal Government and Indian tribes Alaska b ‘‘ Indian tribe’’ means an Indian or

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 USC479a

c ‘‘ Agency’’ means any authority of the

United States that is an ‘‘ agency’’ under 44

USC 3502 1 other than those considered

todefined be independent regulatory agencies as

in 44 USC 3502 5

d ‘‘ Tribal officials’’ means elected or duly

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

by the 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 Government its protection The Federal

has enacted numerous statutes and

promulgated numerous establish regulations that

and define a trust relationship with

Indian tribes

b Our Nation under the law of the

United States in accordance with treaties

statutes Executive decisions Orders and judicial

has recognized the right of Indian

tribes dependent to selfgovernment As domestic

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 selfgovernment tribal

trust resources and Indian tribal treaty and

other rights

c The United States recognizes the right

of Indian supports tribes to selfgovernment and

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

selfgovernment and sovereignty honor tribal treaty and other rights and strive to meet

the responsibilities that arise from the unique

legal Government relationship between the Federal

and Indian tribal governments

b With respect to Federal statutes and

regulations administered by Indian tribal

governments the Federal Government shall

grant Indian maximum tribal governments the

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

Legislative Sec 4 Special Requirements for

Proposals Agencies shall not submit to

the Congress legislation that would be inconsistent Section with the policymaking criteria in

3

Sec 5 Consultation a Each agency shall

have meaningful an accountable process to ensure

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 the agency’s consultation process

permitted b To the extent practicable and

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 by statute unless


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2808 Nov 6 Administration of William J Clinton 2000

1 funds necessary to pay the 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 of the 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

met and

C makes available to the Director of

OMB any written communications

submitted officials to the agency by tribal

c To 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

met and

3 makes available to the Director of

OMB any written communications

submitted officials to the agency by tribal

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

inconsistent cases in which the proposed waiver is

objectives with the applicable Federal policy

and is otherwise appropriate

c Each agency shall to the extent practicable decision and permitted by law render a

upon a complete application for a waiver

within 120 days of receipt of such application

by the agency or as otherwise provided by

lawwaiver or regulation If the application for

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 pursuant that has tribal implications to OMB

September to Executive Order 12866 of

30 1993 each agency shall include

a certification from the official designated to

ensure compliance with this order stating

that the requirements of this order have been

met in a meaningful 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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Administration of William J Clinton 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 Reform Order 12988 Civil Justice

Executive OMB Circular A–19 and the

Government Memorandum of April 29 1994 on Native toGovernment Relations with

American Tribal Governments

b This order shall complement the consultation and waiver provisions in sections 6

and 7 Federalism of Executive Order 13132

c Executive Order 13084 Consultation

andGovernments Coordination with Indian Tribal

is revoked at the time this order takes

effect

d This order shall be effective 60 days

after the date of this order

Sec 10 Judicial Review This order is intended management only to improve the internal

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 any person

William J Clinton

The White House

November 6 2000

Filed with the Office of the Federal Register

845 amNovember 8 2000

NOTE This Executive order was published in the

Federal Register on November 9

Statement on 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 Financing the Foreign Operations Export

and Related Programs Appropriations Act 2001 As I have often said there

is a right and a wrong 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

theNation world in turn helping to make our

more safe and secure

I am particularly pleased that this legislation funds our landmark initiative to provide

debt nations relief to the poorest of the world’s

By fully funding our commitment to

debt effort relief the bill supports this historic

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

Congress commend the bipartisan efforts in the

to fund this vital program as well as

efforts spectrum of all those across the political

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 mortality decades of effort to reduce

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 pandemic to turn the tide against this deadly

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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