The following memorandum was sent to all heads of executive departments and agencies and appeared in the May 4, 1994 issue
of the Federal Register. It was signed and released in conjunction with the historic meeting between the President and representatives of Tribal
governments held at the White House on April 29, 1995.
The White House
Washington, DC
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 component 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:
- 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.
- 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.
- 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.
- 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 affect the trust property
and/or governmental rights of the Tribes.
- 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.
- 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.
WILLIAM J. CLINTON |
