Government-to-Government Relations With Native American Tribal Governments

Impact dates

1. Date TBD

   Agency heads must ensure bureaus and components aware of memorandum and in compliance

Key directives

• Each agency head shall ensure government-to-government relationship with federally recognized tribal governments
• Each agency shall consult with tribal governments prior to taking actions affecting them, to greatest extent practicable and permitted by law
• Each agency shall assess impact of federal plans/projects/programs/activities on tribal trust resources
• Each agency shall remove procedural impediments to working directly with tribal governments
• Each agency shall cooperate with other federal departments on tribal goals
• Each agency shall apply EO 12875 and EO 12866 requirements to tailor federal programs to tribal community needs
• Each agency head shall ensure bureaus and components are aware of and compliant with this memorandum

Who is ordered

• Head of each executive department and agency · All executive departments and agencies
• Director of the Office of Management and Budget · Office of Management and Budget

Timeline

Risks & tensions

• Vague 'to the greatest extent practicable' and 'to the extent permitted by law' qualifiers weaken enforceability
• Explicit disclaimer that memorandum creates no judicially enforceable rights or benefits
• Potential tension between tribal sovereignty claims and existing federal statutory frameworks
• Dependent on agency self-implementation without external enforcement mechanism