White House Press Release

Memorandum For The Heads Of Executive Departments And Agencies





                The White House 


         Office of the Press Secretary 
        -------------------------------------------


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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