Consultation and Coordination With Indian Tribal Governments

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Federal Register, Volume 63 Issue 96 (Tuesday, May 19, 1998)

[Federal Register Volume 63, Number 96 (Tuesday, May 19, 1998)]
[Presidential Documents]
[Page 27655-27657]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 98-13553]




                        Presidential Documents 



Federal Register / Vol. 63, No. 96 / Tuesday, May 19, 1998 / 
Presidential Documents Executive Order 13084 of May 14, 1998

                
Consultation and Coordination With Indian Tribal 
                Governments

                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: L  (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
                    L  (2) the agency, prior to the formal promulgation 
                of the regulation,

                L  (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
                L  (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. (d) This order shall be effective 90 days after the 
                date of this order.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    May 14, 1998.

[FR Doc. 98-13553
Filed 5-18-98; 11:24 am]
Billing code 3195-01-P  

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