Presidential Documents

Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 / Presidential Documents 27655

Executive Order 13084 of May 14, 1998

Consultation and Coordination With Indian Tribal Governments

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. In treaties, our Nation has guaranteed 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, trust resources, and Indian tribal treaty and other rights.

Therefore, 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 Indian tribal

governments in the development of regulatory practices on Federal matters

that significantly or uniquely affect their communities; to reduce the imposition of unfunded mandates upon Indian tribal governments; and to streamline

the application process for and increase the availability of waivers to Indian

tribal governments; it is hereby ordered as follows:

Section 1. Definitions. For purposes of this order:

(a) ‘‘State’’ or ‘‘States’’ refer to the States of the United States of America,

individually or collectively, and, where relevant, to State governments, including units of local government and other political subdivisions established

by the States.

(b) ‘‘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 the Federally Recognized Indian

Tribe List Act of 1994, 25 U.S.C. 479a.

(c) ‘‘Agency’’ means any authority of the United States that is an ‘‘agency’’

under 44 U.S.C. 3502(1), other than those considered to be independent

regulatory agencies, as defined in 44 U.S.C. 3502(5).

Sec. 2. Policymaking Criteria. In formulating policies significantly or uniquely

affecting Indian tribal governments, agencies shall be guided, to the extent

permitted by law, by principles of respect for Indian tribal self-government

and sovereignty, for tribal treaty and other rights, and for responsibilities

that arise from the unique legal relationship between the Federal Government

and Indian tribal governments.

Sec. 3. Consultation. (a) Each agency shall have an effective process to

permit elected officials and other representatives of Indian tribal governments

to provide meaningful and timely input in the development of regulatory

policies on matters that significantly or uniquely affect their communities.

(b) To the extent practicable and permitted by law, no agency shall promulgate any regulation that is not required by statute, that significantly or

uniquely affects the communities of the Indian tribal governments, and

that imposes substantial direct compliance costs on such communities, unless:
27656 Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 / Presidential Documents

(1) funds necessary to pay the direct costs incurred by the Indian tribal

government in complying with the regulation are provided by the Federal

Government; or

(2) the agency, prior to the formal promulgation of the regulation,

(A) 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 the Office of Management and Budget a description of the extent

of the agency’s prior consultation with representatives of affected Indian

tribal governments, a summary of the nature of their concerns, and

the agency’s position supporting the need to issue the regulation; and

(B) makes available to the Director of the Office of Management and

Budget any written communications submitted to the agency by such

Indian tribal governments.

Sec. 4. Increasing Flexibility for Indian Tribal Waivers. (a) Agencies shall

review the processes under which Indian tribal governments 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 tribal government for a waiver of

statutory or regulatory requirements in connection with any program administered by that 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 a waiver within 120

days of receipt of such application by the agency. The agency shall provide

the applicant with timely written notice of the decision and, if the application

for a waiver is not granted, the reasons for such denial.

(d) This section applies only to statutory or regulatory requirements that

are discretionary and subject to waiver by the agency.

Sec. 5. Cooperation in developing regulations. On issues relating to tribal

self-government, trust resources, or treaty and other rights, each agency

should explore and, where appropriate, use consensual mechanisms for developing regulations, including negotiated rulemaking.

Sec. 6. Independent agencies. Independent regulatory agencies are encouraged to comply with the provisions of this order.

Sec. 7. General provisions. (a) 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, benefit, or trust responsibility, 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.

(b) 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 29, 1994, on Government-to-Government

Relations with Native American Tribal Governments.

(c) This order shall complement the consultation and waiver provisions

in sections 4 and 5 of the Executive order, entitled ‘‘Federalism,’’ being

issued on this day.
Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 / Presidential Documents 27657

[FR Doc. 98–13553

THE WHITE HOUSE,

May 14, 1998.

(d) This order shall be effective 90 days after the date of this order.

œ–

Filed 5–18–98; 11:24 am]

Billing code 3195–01–P