Message #180:
From: AzTeC SW Archaeology SIG
To:   "'Matthias Giessler'" 
Subject: Government-to-Government Relations with Native American Tribal 
	     Governments
Date: Thu, 30 May 96 09:45:00 MST
Encoding: 110 TEXT


From: Edward Friedman [clipped from FPForum]

Attached is a press release from April 1994.  It may provide some 
background on the Executive Order on Indian Sacred Sites:

[Note: See Executive Order on Indian Sacred Sites and the 
WWW version of theMemorandum; SWA has attached additional links at the 
bottom of this page  -- SASIG Ed.]

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 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:

(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


Additional links: