FEDERAL REGISTER
Vol. 63, No. 96
Presidential Documents
PRESIDENT OF THE UNITED STATES
Executive Order 13084 of May 14, 1998
Title 3-
The President
Consultation and Coordination With Indian Tribal Governments
Part IV
63 FR 27655
DATE: Tuesday, May 19, 1998
[*27655]
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
government-to-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]
(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.
[*27657]
(d) This order shall be effective 90 days after the date of this order.
S WILLIAM J. CLINTON
THE WHITE HOUSE,
May 14, 1998.
[FR Doc. 98-13553 Filed 5-18-98; 11:24 am]
Billing code 3195-01-P