Register: May 19, 1998 (Volume 63, Number 96)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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.
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:
(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
(2) the agency, prior to the formal promulgation of the regulation,
(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
(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
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
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
(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
(Presidential Sig.) William Clinton
THE WHITE HOUSE,
May 14, 1998.