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Laws & Regulations

Summary of Executive Order 13175 - Consultation and Coordination with Indian Tribal Governments

65 FR 67249; November 9, 2000

Executive Order (E.O.) 13175 was issued by President William J. Clinton in 2000. It applies to rules, policies, and guidance with Tribal Implications (TI).

Under E.O. 13175, to the extent practicable and permitted by law, the Agency cannot promulgate two types of rules unless we meet certain conditions as described below. The two types of rules are:

  1. rules with TI, substantial direct compliance costs on Indian tribal governments, and not required by statute, and
  2. rules with TI and that preempt tribal law.

TI is defined as having substantial direct effects on one or more Indian tribes, on the relationship between the federal government and Indian tribes, or on the distribution of power and responsibilities between the federal government and Indian tribes.

The Agency cannot promulgate the first type of rule unless we:

  • provide funds necessary to pay direct compliance costs of the tribal governments, or
  • early in the process before promulgation, consult with tribal officials.

EPA cannot promulgate the second type unless we consult with tribal officials.

For these two types of rules, we also must:

  • adhere to the fundamental principles in §2 of the E.O. and comply, to the extent permitted by law, with the general policymaking criteria in §3 of the E.O.;
  • provide in a separate preamble section a tribal summary impact statement;
  • make available to the Office of Management and Budget any written communications from tribal officials; and
  • for final rules subject to E.O. 12866 review, include certification from EPA's Agency Designated Official for tribal consultation stating EPA has met E.O. requirements.