National Aeronautics and Space Administration

Plan of Action to Implement the Policies and Directives of 

Executive Order 13175

September 2023
National Aeronautics and Space Administration

Plan of Action to Implement the Policies and Directives of Executive Order 13175 1

Introduction

The National Aeronautics and Space Administration (NASA) has developed this Plan of Action to 

implement Executive Order (EO) 13175, Consultation and Coordination with Indian Tribal Governments

65 FR 67249), and the 2021 Presidential Memorandum on Tribal Consultation and Strengthening Nationto-Nation Relationships, and to “ensure meaningful and timely input by tribal officials in the 

development of regulatory policies that have tribal implications” (Section 5(a) of EO 13175). The Plan of 

Action has been informed by tribal perspectives, shared with NASA during a virtual forum and listening 

session on January 11, 2023, and submitted in writing via a NASA website comment form, email, and 

mail.

NASA carries out its mission through its organizational elements: nine NASA Centers, NASA 

Headquarters, and the Jet Propulsion Laboratory (JPL) in Pasadena, California, operated by Caltech 

under a Federal research and development contract and managed by the NASA Office of JPL 

Management and Oversight (NOJMO).

It is unlikely that NASA regulations published in Title 14 of the Code of Federal Regulations (CFR) will 

have tribal government implications, as these regulations chiefly concern the conduct of the Agency in 

achieving its mission of space exploration and aeronautical research, rather than with any regulatory 

activity affecting the public, which could conflict with tribal prerogatives. Nevertheless, NASA shall 

institute the following procedures to ensure that should the situation arise where a proposed NASA 

regulation contains tribal implications, NASA will conduct the rulemaking process with sensitivity to 

tribal government interests.

Process for Compliance with EO 13175

Based on the feedback received from Tribal Nations, an assessment of internal practices, and the 

procedures laid out in the 2022 Uniform Standards for Tribal Consultation (87 FR 74479), NASA will 

implement the following processes to meet the goals of Executive Order 13175 and the Presidential 

Memorandum. These processes do not apply to action-specific consultation with Indian tribal 

governments or other Native American groups or individuals regarding preservation of, or potential 

effects on, environmental and cultural resources; those consultations are carried out in accordance with 

the National Environmental Policy Act, the National Historic Preservation Act, other applicable federal 

regulations, and NASA policies and directives.

• Semiannual Regulatory Agenda Review. Pursuant to EO 12866, dated September 30, 1993, 

Regulatory Planning and Review; EO 13563, dated January 18, 2011, Improving Regulation and 

Regulatory Review; and pursuant to NASA’s internal policy directives, NASA Headquarters 

submits semiannually to the Office of Management and Budget (OMB) for publication in the FR 

an agenda of regulatory items under development or review (the NASA Semiannual Regulatory 

Agenda). In accordance with NASA’s 2010 Procedures for Consulting with Indian Tribal 

Governments under EO 13175, the Agency EO 13175 Officer will continue to review each 

proposed regulatory item for tribal implications, in consultation with the NASA Office of the 

General Counsel, when such item is first proposed for the NASA Semiannual Regulatory Agenda.

• NASA Consultation Procedures. If NASA determines that consultation pursuant to EO 13175 is 

necessary, or if a Tribal government requests consultation pursuant to EO 13175, NASA will, to 

the extent practicable, follow the processes outlined in the 2022 Uniform Standards for Tribal 

Consultation , Sections 5 through 7. 
National Aeronautics and Space Administration

Plan of Action to Implement the Policies and Directives of Executive Order 13175 2

• Incorporation of Consultation into Rulemaking Process. If NASA determines that consultation 

pursuant to EO 13175 is necessary, or if a Tribal government requests consultation pursuant to 

EO 13175, NASA will coordinate internally and with OMB as necessary to revise the rulemaking 

schedule, to allow adequate time to consult with affected tribes and incorporate their views into 

the rulemaking process, and to ensure that the outcome of the consultation is documented as 

part of the final rule.

• Training. Pursuant to Section 8 of the 2022 Uniform Standards for Tribal Consultation , NASA 

personnel will be required to take the training developed by the Secretary of the Interior and 

the Director of the Office of Personnel Management, in consultation with Tribal Nations, prior to 

entering into consultation.

Agency Official to Coordinate Implementation 

As required by EO 13175 and the Presidential Memorandum, this plan designates the Agency EO 13175 

Officer as the agency official with principal responsibility for the agency’s implementation of the Plan of 

Action.