consultation

What happened

Federal consultation duties come from several places. The best known policy source is Executive Order 13175, signed November 6, 2000. It was issued "in order to establish regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications."

The order sets rules for agencies. Section 3 says agencies shall "respect Indian tribal self-government and sovereignty, honor tribal treaty and other rights, and strive to meet the responsibilities that arise from the unique legal relationship" between the federal government and tribal governments. Section 5 requires each agency to have "an accountable process to ensure meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications."

The order also states a limit. Section 10 says it "is intended only to improve the internal management of the executive branch, and is not intended to create any right, benefit, or trust responsibility" enforceable by outsiders. A tribe therefore cannot sue to enforce the order itself.

A stronger duty exists in statute for historic places. Under the National Historic Preservation Act, a federal agency "shall consult with any Indian tribe or Native Hawaiian organization that attaches religious and cultural significance" to properties covered by section 106. The NAGPRA rule discussed in another record also requires consultation in repatriation.

Good to know. That a tribe cannot sue to enforce the order is a reading of the order's own text, not a court ruling.

Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error