| Tuesday, 09 February 2010 | News From Indian Country |
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| Obama’s memorandum on legal status |
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MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES In recognition of that special relationship, pursuant to Executive Order 13175 of November 6, 2000, executive departments and agencies (agencies) are charged with engaging in regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, and are responsible for strengthening the government-to-government relationship between the United States and Indian tribes. History has shown that failure to include the voices of tribal officials in formulating policy affecting their communities has all too often led to undesirable and, at times, devastating and tragic results. By contrast, meaningful dialogue between Federal officials and tribal officials has greatly improved Federal policy toward Indian tribes. Consultation is a critical ingredient of a sound and productive Federal-tribal relationship. My Administration is committed to regular and meaningful consultation and collaboration with tribal officials in policy decisions that have tribal implications including, as an initial step, through complete and consistent implementation of Executive Order 13175.
Accordingly, I hereby direct each agency head to submit
to the Director of the Office of Management and Budget (OMB), within 90
days after the date of this memorandum, a detailed plan of actions the
agency will take to implement the policies and directives of Executive
Order 13175. This plan shall be developed after consultation by the
agency with Indian tribes and tribal officials as defined in Executive
Order 13175. Recommendations for improving the plans and making the tribal consultation process more effective, if any, should be included in this report. The terms “Indian tribe,” “tribal officials,” and “policies that have tribal implications” as used in this memorandum are as defined in Executive Order 13175. The Director of the OMB is hereby authorized and directed to publish this memorandum in the Federal Register. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Executive departments and agencies shall carry out the provisions of this memorandum to the extent permitted by law and consistent with their statutory and regulatory authorities and their enforcement mechanisms.
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established through and confirmed by the Constitution of the United States, treaties, statutes, executive orders, and judicial decisions. 
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