White House Press Release
Memorandum For The Heads Of Executive Departments And Agencies
The White House
Office of the Press Secretary
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For Immediate Release April 29, 1994
April 29, 1994
Memorandum For The Heads Of Executive Departments And Agencies
Subject: Government-to-Government Relations with
Native American Tribal Governments
The United States Government has a unique legal relationship
with Native American tribal governments as set forth in
the Constitution of the United States, treaties, statutes,
and court decisions. As executive departments and agencies
undertake activities affecting Native American tribal rights
or trust resources, such activities should be implemented in a
knowledgeable, sensitive manner respectful of tribal sovereignty.
Today, as part of an historic meeting, I am outlining principles
that executive departments and agencies, including every com-
ponent bureau and office, are to follow in their interactions
with Native American tribal governments. The purpose of these
principles is to clarify our responsibility to ensure that the
Federal Government operates within a government-to-government
relationship with federally recognized Native American tribes.
I am strongly committed to building a more effective day-to-day
working relationship reflecting respect for the rights of self-
government due the sovereign tribal governments.
In order to ensure that the rights of sovereign tribal
governments are fully respected, executive branch activities
shall be guided by the following:
(a) The head of each executive department and agency
shall be responsible for ensuring that the department or agency
operates within a government-to-government relationship with
federally recognized tribal governments.
(b) Each executive department and agency shall consult,
to the greatest extent practicable and to the extent permitted by
law, with tribal governments prior to taking actions that affect
federally recognized tribal governments. All such consultations
are to be open and candid so that all interested parties may
evaluate for themselves the potential impact of relevant
proposals.
(c) Each executive department and agency shall assess
the impact of Federal Government plans, projects, programs,
and activities on tribal trust resources and assure that
tribal government rights and concerns are considered during
the development of such plans, projects, programs, and
activities.
(d) Each executive department and agency shall take
appropriate steps to remove any procedural impediments to working
directly and effectively with tribal governments on activities
that effect the trust property and/or governmental rights of the
tribes.
(e) Each executive department and agency shall work
cooperatively with other Federal departments and agencies to
enlist their interest and support in cooperative efforts, where
appropriate, to accomplish the goals of this memorandum.
(f) Each executive department and agency shall apply
the requirements of Executive Orders Nos. 12875 ("Enhancing the
Intergovernmental Partnership") and 12866 ("Regulatory Planning
and Review") to design solutions and tailor Federal programs, in
appropriate circumstances, to address specific or unique needs of
tribal communities.
The head of each executive department and agency shall ensure
that the department or agency's bureaus and components are fully
aware of this memorandum, through publication or other means, and
that they are in compliance with its requirements.
This memorandum is intended only to improve the internal
management of the executive branch and is not intended to,
and does not, create any right to administrative or judicial
review, or any other right or benefit or trust responsibility,
substantive or procedural, enforceable by a party against the
United States, its agencies or instrumentalities, its officers
or employees, or any other person.
The Director of the Office of Management and Budget is authorized
and directed to publish this memorandum in the Federal Register.
William J. Clinton
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