Executive Order 13175

Executive Order 13175
Name	Executive Order 13175
Issued by	William J. Clinton
Date issued	November 6, 2000
Status	Active (subject to subsequent guidance and implementation)
Topics	Federal-Tribal relations; Native American policy; Federalism

Contents

Executive Order 13175 Executive Order 13175 established a framework for consultation between the President of the United States and leaders of American Indian and Alaska Native tribes, seeking to strengthen the government-to-government relationship among the United States Department of the Interior, Department of Health and Human Services, Department of Justice, Department of Agriculture, Department of Housing and Urban Development, and tribal governments. The order set requirements for federal agencies to consult tribal officials when developing policies with tribal implications, affecting interactions among institutions such as the Bureau of Indian Affairs, the Indian Health Service, the National Congress of American Indians, and the United States Senate Committee on Indian Affairs.

Background and Purpose

The order arose amid long-standing disputes over sovereignty and the trust responsibility dating to treaties like the Treaty of Fort Laramie (1868), and in the context of jurisprudence including decisions by the United States Supreme Court in cases such as Worcester v. Georgia and Oliphant v. Suquamish Indian Tribe. Policy developments under administrations including Franklin D. Roosevelt, Richard Nixon, Ronald Reagan, and Bill Clinton led to formalized consultation expectations echoed in instruments like the Indian Self-Determination and Education Assistance Act and reports by the Government Accountability Office and the United States Commission on Civil Rights. The order reflected input from tribal leaders associated with organizations such as the Native American Rights Fund, the National Indian Education Association, the Inter-Tribal Council of Arizona, and regional bodies like the Alaska Federation of Natives.

Key provisions directed departments including the Department of Commerce, the Department of Labor, and the Department of Transportation to develop policies for timely consultation with tribal officials on matters with substantial tribal implications. Agencies were instructed to identify officials responsible for tribal relations, prepare written tribal consultation plans similar to those used by the Environmental Protection Agency and the Department of Energy, and provide for regular communication with tribal entities such as the Tribal Council of the Cherokee Nation, the Navajo Nation Council, and the Rosebud Sioux Tribe. The order required federal rules under statutes like the Administrative Procedure Act to consider tribal sovereignty concerns and to assess impacts akin to analyses produced under the Regulatory Flexibility Act and guidance used by the Office of Management and Budget.

Implementation involved issuance of agency-specific guidance by departments including the Department of Homeland Security, the Department of Veterans Affairs, and the Department of Education', and by independent agencies such as the Federal Communications Commission and the Securities and Exchange Commission when rulemaking affected tribal interests. The Office of Management and Budget and the White House Office of Presidential Personnel coordinated cross-agency compliance reviews alongside interagency groups like the Interagency Working Group on Native American Affairs. Agencies adopted protocols referencing model practices from the National Environmental Policy Act process used by the Army Corps of Engineers and applied consultation techniques similar to those in Indian Health Service program planning and Housing and Urban Development tribal allocations.

The order influenced tribal relations with federal agencies such as the Department of the Interior’s Bureau of Land Management, the National Park Service, and the Fish and Wildlife Service. Tribal governments including the Pueblo of Acoma, the Squamish Nation, the Tohono Oʼodham Nation, and urban Indian organizations like the Urban Indian Health Institute reported increased formal engagement practices. NGOs and advocacy organizations—Alliance for Justice, the Indian Law Resource Center, and the Center for Native American Youth—used the order to press for stronger procedural protections. Courts and commentators compared consultation practices to those in executive actions related to environmental justice and to intergovernmental processes involving the National Governors Association and the United States Conference of Mayors.

Litigation has tested aspects of consultation obligations in federal courts including suits brought before the United States Court of Appeals for the Ninth Circuit, the D.C. Circuit, and district courts in cases involving disputes over Leasing of Indian Lands, Natural Resources management, and tribal jurisdiction. Plaintiffs often invoked precedents such as Montana v. United States and statutory frameworks like the Indian Gaming Regulatory Act in claims that agencies failed to consult adequately. Parties included tribal governments, industry actors like Peabody Energy and ExxonMobil, environmental groups such as the Sierra Club, and federal agencies including the Bureau of Indian Affairs, with outcomes shaped by doctrines articulated in cases like United States v. Kagama and decisions concerning the administrative record under the Administrative Procedure Act.

Subsequent administrations issued complementary memoranda and orders shaping tribal consultation, including directives from presidents such as George W. Bush, Barack Obama, Donald J. Trump, and Joseph R. Biden Jr., as well as guidance from the Office of Management and Budget and the Department of Justice Office of Tribal Justice. Legislative developments in the United States Congress and reports by bodies including the Government Accountability Office and the Congressional Research Service influenced revision of agency tribal consultation policies. Related instruments include provisions found in the Native American Housing Assistance and Self-Determination Act, the Indian Reorganization Act, and executive actions on energy development and infrastructure that require interaction with tribal nations and organizations such as the National Indian Gaming Commission and the Tribal Technical Assistance Program.

Category:United States federal executive orders