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[Federal Register: May 19, 1998 (Volume 63, Number 96)]
[Presidential Documents]
[Page 27655-27657]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19my98-162]
Presidential Documents
[[Page 27655]]
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. 3502(5).
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:
[[Page 27656]]
L (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
L (2) the agency, prior to the formal promulgation
of the regulation,
L (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
L (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 toward
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 rulemaking.
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 Governments.
(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.
[[Page 27657]]
(d) This order shall be effective 90 days after the
date of this order.
(Presidential Sig.)
THE WHITE HOUSE,
May 14, 1998.
[FR Doc. 98-13553
Filed 5-18-98; 11:24 am]
Billing code 3195-01-P