[Federal Register: May 4, 1994]
Presidential Documents
Federal Register
Vol. 59, No. 85
Title 3--
The President
Memorandum of April 29, 1994
Government-to-Government Relations With Native
American Tribal Governments
Memorandum for the Heads of Executive Departments and
Agencies
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 andagency 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 shallconsult, 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 shallassess 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 takeappropriate 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.
(e) Each executive department and agency shall workcooperatively 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 shallapply 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.
(Presidential Sig.)<Clinton1>><Clinton2>THE WHITE HOUSE,
Washington, April 29, 1994.[FR Doc. 94-10877