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OCR Page 1 of 111Indian
MEMORANDUM FOR MARIA ECHAVESTE
FROM: MARY SMITH
SUBJECT:
Consultation and Coordination with Indian Tribal Governments
We are about to ask the President to issue a revised Executive Order to establish regular and
meaningful consultation and collaboration with tribal officials in the development of Federal
policies that have tribal implications. This Order expands upon the provisions in E.O. 13084,
"Consultation and Coordination with Indian Tribal Governments" (May 14, 1998), to make it
equivalent in scope and procedure to E.O. 13132, "Federalism" (August 4, 1999). An issue
remains: whether, how, and in what way to instruct agencies to coordinate with Alaska Native
corporations established under the Alaska Native Claims Settlement Act (ANCSA corporations).
Status
After the President signed the Federalism Order, we drafted a counterpart for Indian tribal
governments. The Federalism Order is based upon the federal relationship between the national
government and State governments; the new tribal consultation order is based upon the parallel
government-to-government relationship between the United States government and Indian tribal
governments.
After OMB had circulated a January 24 draft order to Federal agencies for final clearance, we
decided -- as we had with the Federalism Order -- to circulate the same draft to Indian tribes and
tribal organizations to seek their comments. We have received their comments, incorporated a
number of their suggestions, transmitted the resultant draft to agencies for their final review, and
adopted some of their suggestions as well. But for one issue, we are ready formally to submit the
draft tribal consultation order for signature.
This issue concerns the ANCSA corporations. On February 24, we received a letter from an
ANCSA corporation urging that the ANCSA corporations be included into the definition of
"Indian tribe" as used in the draft tribal consultation order to establish "a federal government
obligation to consult with them concerning regulations, proposed acts of Congress and other
federal actions that may directly affect their future." On April 20, we received a letter from the
Alaska Inter-Tribal Council, urging us not to include ANCSA corporations within the scope of
the tribal consultation order: "Such inclusion would cast serious doubt on the meaning of
'government to government relationship' and would undermine the existing sovereign status of
federal recognized tribes both inside and outside Alaska."
ANCSA Corporations. In the 1960s, Alaskan Natives protested that their aboriginal title to lands
had never been extinguished and that land could not be conveyed to the State of Alaska, private
individuals, or oil companies until these claims were resolved. In response, Congress enacted
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