The memorandum Obama signed

Published on November 5th, 2009

By ALASKA NEWSPAPERS STAFF

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT: Tribal Consultation

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.

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.

BARACK OBAMA