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EO 13175Executive OrderClinton · D Quiet signal

Executive Order 13175

Consultation and Coordination With Indian Tribal Governments

This executive order establishes a government-to-government consultation framework requiring federal agencies to meaningfully engage with tribal officials when developing policies that substantially affect Indian tribes. It mandates designated tribal liaison officials, procedural requirements for regulations with tribal implications or preemption of tribal law, streamlined waiver processes, and accountability certifications to OMB.

Federal Register Open PDF 65 FR 67249

Impact dates

  1. Agency must render decision on complete waiver application

  2. OMB and White House Intergovernmental Affairs must confer with tribal officials on implementation

  3. Designated official must submit consultation process description to OMB

  4. Agency head must designate official for tribal consultation implementation

  5. Order becomes effective (60 days after signing)

Key directives

  • Each agency must designate an official with principal responsibility for implementation within 30 days of effective date
  • Designated official must submit consultation process description to OMB within 60 days of effective date
  • Agencies must consult with tribal officials early in developing regulations with substantial direct compliance costs
  • Agencies must provide tribal summary impact statement to OMB for regulations imposing compliance costs or preempting tribal law
  • Agencies must render waiver decisions within 120 days of receiving complete application
  • OMB and Assistant to President for Intergovernmental Affairs must confer with tribal officials within 180 days of effective date
  • Agencies must include certification of compliance when transmitting regulations or legislation with tribal implications to OMB

Who is ordered

Timeline

Immediate

  • Revocation of Executive Order 13084 upon order taking effect
  • Agencies must designate tribal consultation official within 30 days of effective date

Near term (90d)

  • Designated officials must submit consultation process description to OMB within 60 days of effective date
  • Order becomes effective 60 days after signing (2001-01-05)
  • OMB and White House Intergovernmental Affairs must confer with tribal officials within 180 days of effective date

Long term

  • Ongoing requirement for tribal consultation on regulations with tribal implications
  • Permanent waiver streamlining obligations
  • Continuous accountability certifications for regulations and legislation with tribal implications
  • Enduring government-to-government framework for tribal policymaking

Risks & tensions

  • Vague 'to the extent practicable and permitted by law' language creates wide agency discretion and weak enforceability
  • EO explicitly denies judicial enforceability (Section 10), limiting tribal recourse
  • 'Substantial direct effects' threshold for 'tribal implications' may allow agencies to evade consultation
  • Accountability mechanism relies on internal OMB review rather than external oversight
  • Revocation of prior EO 13084 may disrupt existing tribal consultation relationships
  • Definition excludes independent regulatory agencies from mandatory compliance
Executive Order 13175: Consultation and Coordination With Indian Tribal Governments · Executive Orders