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Government-to-Government Relations With Native American Tribal Governments .. MemoraDdWil (or the Heads o( Executive Departments and Agencies The United Slales Government has a unique legal relationship with Native American tribal governments as set forth In tha Constitution of the United Stales, treaties, statutes, and court dacJslons. AI; executive dapartments and agencies undertake activities affecting Native American tribal rlRhts or trust' resources. such activities should ba implemented In a knowledgeable. sen- sitive 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 Inter- actions with Native American tribal governments. The purpose of these principles Is to clarify our responsibility to ensure that the Federal Govern- ment 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 sa If-government due the sOvereign tribal governments. , In order to ensure that the rights of soverelsn tribal governments are fully respected, executive branch activities shell be guided by the following: (a) The head of eacb executive department' and agency shall ba responsible for ensurtng that the decartment or agency operates within a government- to-government relatlonsh p with federally recognized tribal governments. (h) Each executive dejlarlment and egency shall consult, to the greatest extent practicable and to the extent pennllled by lew. with tribal governments prior to taking actions that aBect, 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 propos- &Is. (t) Each executive department and egency shall assess the impa.ct of Federal Government plans, projects. programs. and activities on tribal trust resources and assure that tribal government rights and concerns are consid- ered during the development of auch plans. projects. programs, and activities, (d) Each execulive departmant and agenCy shall take appropriate steps tei remove any procedurel impediments to working directly and effectively with tribal governments on activities that affect the trust 'property andl ' 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 sUfPort In cooperative efforts. where appropriate, to .accomplish the goals 0 this memorandum. . (I) . Each executive department and agency shall apply the requirements of Executive Orders Nos. '12875 ("Enhancing the Int8lllovernmental Partner- ship") 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 _live department and l18ency shall ensure that the department or agancy's bureaus and components are fully aware of this memorandum. tIirough publication or other means, and that they are In compliance with Its requirements. This memorandum Is Intended only to Improve the Internal manll80menl 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 responslhUlty. substantive or procedural. enforceable by a party asafnst the United Slates, 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 pubUsh this memorandum In the Federal Register. ~11 <.::,.;. :~~~}~') ~~ TIm WHI'I'E HOUSE, Washington, April 29, 1994.