CONSULTATION AND COORDINATION WITH INDIAN TRIBAL GOVERNMENTS
SECTION 1. PURPOSE.
.01 This Order implements Executive Order (E.O.) No. 13175, “Consultation and Coordination with Indian Tribal Governments” (November 6, 2000), Presidential Memorandum, “Tribal Consultation,” 2009 Daily Comp. Pres. Docs. 887 (November 5, 2009), and the Office of Management and Budget Memorandum, “Guidance for Implementing E.O. 13175, ‘Consultation and Coordination with Indian Tribal Governments.’”
.02 This Order describes the actions to be followed by all Department of Commerce (the Department) operating units in their implementation of E.O. No. 13175 and outlines the principles governing Department interactions with Indian tribal governments (Tribal governments) relating to the development of Department policies that have tribal implications.
.03 The Department works with Tribes on a government-to-government basis to address issues concerning tribal self-government, tribal trust resources, tribal treaty, and other rights. The Department seeks to enhance the government-to-government relationship between the Federal government and Tribal governments and support Tribes in the development of strong and stable economies able to participate in today’s national and global marketplace.
.04 The Department recognizes that the Tribal right of self-government flows from the unique legal relationship between the Federal government and Tribal governments.
SECTION 2. AUTHORITY AND SCOPE.
.01 This Order is issued under the authority of 5 U.S.C. § 301.
.02 This Order applies to all Department operating units and describes the baseline responsibilities necessary to meet the objectives of E.O. No. 13175, including guidance for Department personnel on tribal consultation and related policies.
.03 This Order is for internal management only and shall not be construed to grant to or vest any right in any party with respect to federal actions not otherwise granted or vested by existing law or regulations.
.04 Additional guidance for compliance with E.O. No. 13175 can be found in the “Tribal Consultation and Coordination Policy of the U.S. Department of Commerce” (Tribal Consultation Policy). For purposes of policy and guidance, the Tribal Consultation Policy should be considered an extension of this Order and carry the same force and effect as this Department Administrative Order (DAO).
SECTION 3. DEFINITIONS.
.01 Consultation refers to an accountable process ensuring meaningful and timely input from tribal officials on Department policies that have tribal implications.
.02 Indian tribe (or tribe) means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. § 479a.
.03 Operating units are organizational entities outside the Office of the Secretary charged with carrying out specified substantive functions (i.e., programs) for the Department. The operating units are the components of the Department through which most of its substantive functions are carried out.
.04 Policies that have tribal implications refers to regulations, legislative comments, or proposed legislation, and other policy statements or actions that have 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.
.05 Tribal Consultation Official means the designee of the Secretary of Commerce (the Secretary) with principal responsibility for the implementation of this Order.
.06 Tribal officials means elected or duly appointed officials of Indian tribal governments or authorized intertribal organizations.
SECTION 4. DELEGATION OF AUTHORITY.
.01 Pursuant to the authority vested in the Secretary by law and subject to such policy and directives as may be prescribed, the Director of the Office of Legislative and Intergovernmental Affairs (OLIA) within the Office of the Secretary is hereby delegated the following authorities of the Secretary insofar as they apply to performing the functions assigned in this Order:
a. The authority under section 5(a) of E.O. No. 13175 to designate an official with principal responsibility for the Department’s implementation of the E.O.
b. Other authorities of the Secretary pertinent to such functions.
.02 The Director of OLIA may delegate the authorities in Section 4.01 of this Order to any employee of the Department subject to such conditions in the exercise of such authority as may be prescribed by the Secretary.
SECTION 5. ROLES AND RESPONSIBILITIES.
.01 The Director of OLIA will designate a Tribal Consultation Official within the Office of the Secretary.
a. Pursuant to Section 5(a) of E.O. No. 13175, the Tribal Consultation Official is designated as the official with principal responsibility for the Department’s implementation of the E.O.
b. The Tribal Consultation Official has principal responsibility for the implementation of this Order and the Tribal Consultation Policy.
c. The Tribal Consultation Official has the authority to act as a liaison between the Secretary and Tribal officials. The Tribal Consultation Official may delegate this authority to heads of operating units.
d. The Tribal Consultation Official will make online training and other resources available for Department personnel assisting with tribal consultations.
.02 Heads of operating units, as applicable, will:
a. Implement all provisions of this Order as well as the Tribal Consultation Policy within their respective organizations and throughout all facilities within their organizations.
b. Designate appropriate official(s) to ensure implementation of the Tribal Consultation Policy at the operating unit level.
c. Ensure meaningful and timely consultation with affected Tribes on policies that have tribal implications, and work with the Tribal Consultation Official to ensure that an accountable consultation process is in place.
d. Operating units may develop, issue, and implement tribal consultation guidance (including guidelines, handbooks, and procedures) specific to the operating unit, so long as the Department’s Tribal Consultation Official reviews the guidance and it complies with the Tribal Consultation Policy. Consultation may take a variety of forms and is described in greater detail in the Tribal Consultation Policy and operating unit guidance, as appropriate.
e. Whenever a consultation occurs between the Department or its operating units and Tribal officials, provide the Tribal officials with a formal, written communication that summarizes the consultation process, and responds to the issues and concerns, if any, identified during consultation. Operating units will maintain documentation addressing the consultation process, tribal concerns, and recommendations in conformance with applicable records retention schedules.
f. Operating units will ensure that personnel assisting with tribal consultations have appropriate training.
Signed: Secretary of Commerce
Office of Primary Interest: Office of Legislative and Intergovernmental Affairs