ExecutiveOrdersEO
Memo 13175MemorandumBiden · D Quiet signal

Presidential Memorandum 13175

Uniform Standards for Tribal Consultation

This memorandum establishes uniform minimum standards for how federal agencies conduct Tribal consultation, building on Executive Order 13175. It mandates designated agency points of contact, 30-day notice requirements, annual training, and record-keeping for consultations with Tribal Nations. The Director of OPM must report within 180 days on progress toward developing Tribal consultation training modules.

Federal Register Open PDF 87 FR 74479

Impact dates

  1. OPM Director reports to President on training module progress and identifies additional resources needed

Key directives

  • Agency heads shall designate primary point of contact for Tribal consultation
  • Provide 30 days notice for planned consultations
  • Provide 30-day written comment period following consultation
  • Maintain record of consultation including summary of Tribal input and explanation of how it influenced agency action
  • Require annual training for employees working with Tribal Nations or on policies with Tribal implications
  • Secretary of Interior and OPM Director shall establish training modules in consultation with Tribal Nations
  • OPM Director shall report to President within 180 days on training module progress

Who is ordered

Timeline

Immediate

  • Agency heads must designate primary points of contact for Tribal consultation
  • Agencies must provide contact information to White House offices and post on websites

Near term (90d)

  • Director of OPM must report to President on training module progress (by May 29, 2023)
  • Agencies to begin implementing 30-day notice and written comment period standards
  • Annual training requirements take effect for agency employees

Long term

  • Ongoing uniform standards for Tribal consultation across all agencies
  • Potential establishment of permanent training modules by Interior and OPM
  • Systematic record-keeping and disclosure practices for consultations

Risks & tensions

  • Training module development depends on OPM and Interior capacity and Tribal Nation consultation participation
  • 'To the extent practicable' and 'subject to availability of appropriations' language may limit enforcement
  • Memorandum explicitly disclaims creating enforceable rights, limiting legal recourse for non-compliance
  • 30-day notice requirement has exceptions for time constraints, creating potential for inconsistent application
Presidential Memorandum 13175: Uniform Standards for Tribal Consultation · Executive Orders