Tribal Consultation

Impact dates

1. Date TBD

   Annual progress reports ongoing

2. Nov 5, 2010

   OMB report to President on implementation across executive branch

3. Aug 2, 2010

   First agency progress reports due to OMB

4. Feb 3, 2010

   Agency detailed implementation plans due to OMB

Key directives

• Each agency head must submit detailed implementation plan to OMB within 90 days
• Plans must be developed after consultation with Indian tribes and tribal officials
• Each agency head must submit progress report to OMB within 270 days and annually thereafter
• Plans and reports must designate a coordinating official
• Assistant to the President for Domestic Policy and OMB Director shall review plans and reports
• OMB Director shall submit implementation report to President within 1 year
• OMB Director authorized to publish in Federal Register

Who is ordered

• Heads of Executive Departments And Agencies · All executive departments and agencies
• Director of the Office of Management and Budget · Office of Management and Budget
• Assistant to the President for Domestic Policy · White House

Timeline

Risks & tensions

• No enforcement mechanism specified beyond OMB review; 'to the extent permitted by law' qualifier may limit implementation
• Annual reporting requirement creates sustained bureaucratic obligation but compliance quality uncertain
• Definition dependence on EO 13175 may create interpretive gaps