working with indian tribal nations - … guide to working with tribal...working with indian tribal...

A Guide for DOE Employees

WORKING WITHINDIAN TRIBALNATIONSDecember 2000

ACKNOWLEDGMENTS

The guide was developed for the U.S. Department of Energy by Creighton & Creighton,Inc., under contract to the Office of Intergovernmental and Public Accountability (EM-11).The guide was reviewed by representatives of several tribes and DOE staff who workregularly with tribal nations. However, Creighton & Creighton, Inc., remains responsiblefor the editorial content of this guide.

This guide includes materials taken from guides prepared by the U.S.Environmental Protection Agency, the U.S. Forest Service, and the National Congress ofAmerican Indians and used without attribution. Creighton & Creighton, Inc., and theDepartment of Energy wish to thank these organizations for permission to use thesematerials. The Department of Energy would also like to thank the United StatesGeological Survey for preparation and development of the U.S. Indian Lands Map.

TABLE OF CONTENTS

Section 1:The Relationship between DOE and Tribal Nations _________________ 1History of the Relationship Between the

Tribes and the Federal Government _____________________ 2Recent Executive Orders _____________________________________ 4Things You Need to Know About

Government-to-Government Relationships ________________ 4DOE’s Trust Responsibility to the Tribes _________________________ 6Things You Need to Know About DOE’s

Trust Responsibilities _________________________________ 6Tribal Treaty Rights __________________________________ 7

Things You Need to Know About Tribal Treaty Rights _______________ 7The Department of Energy’s American Indian Policy ________________ 8

Section 2:Tribal Culture and Etiquette __________________________________ 10Types of Cultures __________________________________________ 11Things You Need to Know About Building

a Relationship with Tribes ____________________________ 11Tribal Environment Beliefs ___________________________________ 12Things You Need to Know About Tribal Attitudes

Towards the Environment_____________________________ 12Tribal Decision Making and Meetings ___________________________ 12Things You Need to Know About Tribal

Meeting Etiquette ___________________________________ 13Cultural Ceremonies ________________________________ 14

Things You Need to Know About Tribal EtiquetteDuring Cultural Ceremonies ___________________________ 14Visiting Tribal Reservations ___________________________ 14

Things You Need to Know About Visiting Reservations _____________ 14

APPENDICESAppendix 1: DOE Tribal Points of Contact _______________________ 14Appendix 2: Existing Agreements with Tribal Nations ______________ 15Appendix 3: U.S. Department of Energy American Indian Policy ______ 18Appendix 4: Government-to-Government Relations with

Native American Tribal Governments____________________ 19Appendix 5: Executive Order 13007 Indian Sacred Sites____________ 20Appendix 6: Executive Order 13021 Tribal College and Universities ___ 22Appendix 7: American Indian and Alaska Native Education __________ 25

INTRODUCTION

U.S. Department of Energy (DOE) employees andcontractors frequently work with Indian tribes ornations as part of their jobs. The purpose of thisguide is to help DOE employees and contractorsinitiate contact with tribes and build effectiverelationships.

DOE maintains a unique government-to-government relationship with tribal nations. Thisguide presents an overview of the history of therelationship between the tribes and the Federalgovernment, as well as the laws and ExecutiveOrders that define that relationship. The guidediscusses the Federal government’s trustresponsibility to the tribes, tribal treaty rights, andthe Department of Energy’s American Indian policy.

The guide also discusses important culturaldifferences that could lead to communicationproblems if not understood and provides examplesof potential cultural misunderstandings. In particularthe guide discusses tribal environmental beliefs thatshape tribal responses to DOE actions. The guidealso provides pointers on tribal etiquette duringmeetings and cultural ceremonies and when visitingtribal reservations.

Appendix 1 gives examples of the tribal nations withwhom DOE currently has Memoranda ofUnderstanding.

While this guide provides an introduction andoverview of tribal relations for DOE staff andcontractors, DOE has also designated TribalIssues Points of Contacts at each of itsfacilities. A list of these Points of Contact forall DOE facilities is provided in Appendix 2.DOE staff and contractors should consult withthe appropriate tribal representatives at theirsite before initiating contact with a tribalnation, because many tribes have rules andprocedures that must be complied with beforeDOE staff or contractors may go on triballands or conduct interviews with tribalmembers.

Appendix 3 is the complete DOE AmericanIndian Policy.

Appendices 4-6 are Executive Orders thatgovern the relationship of all federal agencieswith tribal nations.

DOE employees and staff are encouraged toeducate themselves about the history andculture of tribal nations near DOE facilities.This guide provides a first step in thatdirection.

THE RELATIONSHIP BETWEEN DOEAND TRIBAL NATIONS

DOE is strongly committed to ensuring that Indiantribes play an integral role in the nation’s overallenergy policy. In addition, some DOE sites arelocated on lands that were once tribal lands, and inmany cases the Federal government has continuingtreaty obligations to these tribes.

Most people who have not had experience workingwith Indian tribes have three fundamentalmisconceptions. The first is that tribes are anotherracial minority, such as African Americans, HispanicAmericans, Asian Americans, and others. The secondis that tribes are simply stakeholders, like an interestgroup or an environmental organization. The third isthat Indian tribes are equal to a local governmentalunit, like a city or county.

While it is true that tribes have a distinct culturalheritage, have an important stake in many DOEdecisions, and provide many of the services that localgovernments provide, the relationship between DOEand the tribes is a government-to-governmentrelationship.

Tribes are sovereign governments. Before Europeansfirst sailed to America, the tribes were alreadysovereign by nature. They conducted their own affairsand depended upon no other source of power touphold their acts of government. The U.S.Constitution recognizes four sovereign governmentalentities: the Federal government, state governments,American Indian tribal governments, and foreignnations. American Indian tribes, though uprooted andremoved to reservations, retain inherent sovereignty.The United States did not grant tribal rights, rather,tribes reserved such rights as part of their pre-existing status as sovereign nations.

What does sovereignty mean?The attributes of sovereigntyinclude, but are not limited to:

The power to establish

a form of government

The power to

determine membership

The power to

legislate or otherwise

adopt substantive civil

and criminal laws

The power to

administer justice

The power to exclude

persons from the territory

or reservation

The power to charter

business organizations

The power of

sovereign immunity .

Tribes are not treated as mere administrativeextensions of federal programs, but as separategovernments. They are sovereign entities, recognizedin the U.S. Constitution with rights and privilegesnegotiated in treaties and defined in case law.Interaction with federally recognized tribes must beconducted on a government-to-government basis.This is in addition to and goes beyond any publicinvolvement and community -outreach efforts.

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WHO IS AN INDIAN?

It’s not always easy to define who is Indian andwho is not. Because of intermarriage betweenIndians and people of other ethnicities, there aremany people who by blood are only partiallyIndian. So how can you determine who is anIndian? The simplest answer is that an Indian isa person with some amount of Indian blood whois recognized as such by the individual’s tribeor community.

WHAT IS AN INDIAN TRIBE?

An “Indian tribe,” is generally a community ofIndians who are ethnologically similar, but whoalso exist in a legal/political sense.

Since 1978 the Bureau of Indian Affairs hasused powers delegated by Congress to extendrecognition to tribes. The Bureau’s regulationsrequire that a tribe seeking recognition hasmaintained a distinct identity, has exercisedpolitical authority over its members throughhistory to the present, has drawn thatmembership from a historical tribe, and currentlyhas governing procedures and methods ofdetermining membership. In addition, Congressmust not have expressly terminated or forbiddena federal relationship with the tribe.

As of this writing the Federal government hasrecognized 557 tribes by treaty, statute,executive order, the presence of a long-termhistorical relationship, or by other means. Thesetribes are variously called “Nations,” “Bands,”“Pueblos,” “Communities,” “ Rancherias,”and “Villages.”

A number of DOE facilities are in the vicinity offederally recognized tribes (See Figure 1).Government-to-government relationships existonly with federally recognized tribes.

Although Indian tribesare sovereign, thatsovereignty is notabsolute. It has beenchallenged, defined,and fought overthroughout U.S. history.To understand the present relationship betweenthe tribes and the Federal government, it helpsto understand something of the history ofrelations between the U.S. government andtribes. Here’s a quick synopsis of federal policytowards Indian nations, provided by the NationalCongress of American Indians:

Pre-1492: Pre-Columbian Period -Indian people lived in organized societies withtheir own forms of government for thousands ofyears before contact with Europeans.

1492-1828: Colonial Period -The proliferation of colonists created a dominantpresence on the East Coast of North America.These colonists acquired some Indian landsunder the doctrine of discovery and signedtreaties with the tribes for additional land.Following the Revolutionary War, the newbornUnited States took pains to maintain peace withthe neighboring tribes, but pressure from settlersresulted in increased encroachment and conflict.

1828-1887: Removal, Reservation and T reatyPeriod - As the U.S. population and its militarystrength grew, so did the pressure by the U.S.government on eastern tribes to move west,resulting in forced migration and the creation oftreaty reservations. Later, the United Statesgovernment embarked on an aggressive militarypolicy throughout the west to establish Indianreservations through treaties, acquiring moreIndian land. In general, the treaties relinquishedland for the right to tribal self-governance onreservations with the protection of the U.S.

HISTORY OF THE RELATIONSHIP BETWEEN

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1887-1934: Allotment Act - An increasing greed forland within the reservations and the desire to haveIndians assimilate into mainstream American liferesulted in the forced conversion of communally heldlands into small parcels for individual Indianownership. Over 90 million acres, nearly two thirds ofreservation land, were taken and given to settlerswithout compensation to the tribes.

1934-1945: Indian Reorganization Act -A more progressive policy ended the allotment periodand began restoring Indian lands. The Federalgovernment created programs and projects torehabilitate Indian economic life. This period wasmarked by paternalism of the United Statesgovernment towards Indian tribes.

1945-1965: T ermination Period -After World War II over 100 tribes with rich naturalresources were identified as being sufficientlyacculturated to have their federally protected statusremoved. State laws were imposed on many tribes,and millions of acres of valuable natural resourcelands were taken through forfeiture sales. Federalpolicy emphasized the physical relocation of Indiansfrom reservations to urban areas.

1965-present: Self-Determination Era -In the late 1960s there was a growing recognition ofthe need to strengthen rather than eliminate tribalgovernments. In 1970 President Nixon made a clearbreak with termination policy. He declared terminationa failure and asked Congress to repudiate it. He alsoencouraged Congress to pass legislation designed toenhance tribal autonomy. Through a series ofExecutive Orders, President Nixon reaffirmed thetrust responsibility of the Federal government to thetribes.

In 1975, Congress enacted the IndianSelf-Determination and Education Assistance Act thatacknowledged the Federal government’s trustresponsibilities and directed the Bureau of IndianAffairs and Indian Health Services to turn over manyof the services performed by those agencies to thetribes themselves. In the Indian Self-Determinationand Education Assistance Act of 1988, Congressreaffirmed this policy, stating: “In accordance with thispolicy, the United States is committed to supporting

In 1978 Congress passed the American IndianReligious Freedom Act (AIRFA) that states that it isthe policy of the United States to protect andpreserve American Indians’ rights to believe, express,and practice their traditional religions. In the pastother Federal laws, such as laws intended to protectwilderness areas and endangered species, have attimes conflicted with access to sacred sites andpossession of animal-derived sacred objects. AIRFAclarified that federal laws passed for other purposeswere not intended to conflict with Indian rights topractice their traditional religions.

The Native American Graves Protection andRepatriation Act (NAGPRA), enacted in 1990,protects Indian human remains and cultural itemsfrom intentional excavation and removal, inadvertentdiscovery, and illegal trafficking. This Act alsorequires the “repatriation” of human remains andother cultural items held by federal agencies orfederally assisted museums or institutions.

and assisting Indian tribes in the development ofstrong and stable Tribal governments, capable ofadministering quality programs and developing theeconomies of their respective communities.”Presidents Ford, Carter, Reagan, Bush, and Clintonhave all reaffirmed the policy of self-determinationeither by reauthorizing the Executive Orders originallyissued by Nixon or by issuing additional ExecutiveOrders. With control over their own lands andresources, tribes have made great strides towardreversing crippling economic blight and reviving theirunique culture and societies.

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THE TRIBES AND THE FEDERAL GOVERNMENT

RECENT EXECUTIVE ORDERS

Congress passes laws establishing federal policy, butthe President may then issue Executive Ordersimplementing these policies. These Executive Ordershave the force of law and guide the activities of allfederal agencies, including the Department of Energy.Subsequent presidents may rescind or reaffirm theseorders. As noted above, all presidents sincePresident Nixon have reaffirmed the policy of self-determination for Indian tribes.

Since 1994 President Clinton has issued a series ofExecutive Orders further defining the relationship offederal agencies to Indian tribes.

These Executive Orders include:

• Government-to-Government Relationswith Native American T ribal Governments:April 29, 1994This Order outlines the responsibilities of federaldepartments to consult with Native American tribalgovernments in a government-to-governmentrelationship.

• Indian Sacred Sites, Executive Order13007: May 24, 1996This Order is designed to protect and preserveIndian religious practices by requiring Federalagencies to accommodate access to Indian sacredsites for ceremonial use. Agencies must also avoidaffecting the physical integrity of such sites.

• Tribal Colleges and Universities,Executive Order 13021: October 19, 1996This Order is designed to ensure that tribalcolleges and universities receive support from theFederal government to assist these schools inproviding high-quality educational opportunities fortheir students.

• American Indian and Alaska Education:August 6, 1998This Order affirms the Federal government’sspecial and historic responsibility for the educationof American Indian and Alaskan native students.

Copies of these Executive Orders are provided in theappendices.

What it Means to Have aGovernment-to-GovernmentRelationship

• Government-to-government consultationoccurs between federal agencies and elected triballeaders. Although DOE may work with AmericanIndian individuals, groups, organizations, andcommunities in compliance with NEPA, CERCLA,RCRA and other laws, this is not recognized asgovernment-to-government consultation.

• The appropriate contact for government-to-government consultation is someone atapproximately the same organizational level.Typically, tribal leaders expect to meet with electedofficials, including members of Congress and thePresident of the United States. As a practicalmatter, the President often delegates authority tothe Secretary of Energy. If tribal leaders areinterested in particular matters, the Secretarydesignates an Assistant Secretary to meet with thetribal leaders.

• A distinction must be made betweengovernment-to-government consultation and thecommunication, coordination, and public-involvement efforts commonly carried out betweentribal government staff members and equivalent

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DOE employees. Many tribes have technical staff,legal counsel, advisors, and administratorsemployed to help run tribal affairs. These staffpeople usually do not speak on behalf of the tribeabout tribal policies or other tribal governmentalactions. However, they can be invaluableprofessional contacts for DOE staff. Staff-to-staffwork may precede government-to-governmentconsultation or may carry out the policies agreedto in government-to-government consultations.

• Many tribes have at least two forms ofleadership — official tribal leaders who are electedor selected according to tribal tradition andtraditional/spiritual leaders. Although formalconsultation takes place with official tribal leaders,on issues involving cultural heritage or religiouspractice it may be appropriate to consult withtraditional cultural and spiritual leaders as well.

• Although there may be tribal groups thatprovide information, advice, and technicalassistance to the tribes on resource matters,contact with such groups does not substitute forgovernment-to-government consultation withelected tribal leaders.

• There may be non-Indian groups ororganizations claiming to represent tribal viewsand positions. In these instances DOE staff shouldconsult with Indian tribes and tribal groups to verifythis representation.

• Tribes differ on how they wish to consult withfederal agencies. DOE staff should reach anunderstanding with each tribe on how it wishes tobe consulted by identifying preferred methods ofcommunication and developing protocols orMemoranda of Understanding (MOU). Theseagreements will identify points of contact for tasksand specify with whom staff work should beconducted. DOE has existing Memoranda ofUnderstanding with many tribes (Appendix 1).

• Many tribes have rules and procedures thatmust be complied with before you go on triballands or before you conduct interviews with tribalmembers. Check with your DOE tribalrepresentative about how to approach the tribeand what rules and procedures should be followed.Tribal representatives are listed in Appendix 2.

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WHY THE FEDERAL GOVERNMENTHAS A TRUST RESPONSIBILITYTO THE TRIBES

The U.S. Constitution, ratified in 1789, delegated allpower over Indian affairs to the Federal government.Some states continued to execute treaties orpurchase lands from the tribes after this time, but theConstitution made these actions ineffective or illegal.Congress also passed laws restricting all dealingswith Indians to licensed traders, outlawing thepurchase of lands directly from Indians and assigningpunishments to crimes committed by colonistsagainst Indians.

Three Supreme Court cases in the 1830s —sometimes referred to as the Marshall Trilogy afterChief Justice John Marshall, the author of theopinions — establish the bedrock of federal Indianlaw. These cases defined the relationship betweenthe Federal government, the state governments, andtribal governments, as follows:

• Tribes are “dependent, domestic nations,”not foreign nations.• Tribes are subject to the ultimate authorityof the U.S. Congress but continue to be distinctpolitical entities that rule their own territorieswithin the United States.• The relationship between the UnitedStates and tribes resembles that of a wardto its guardian.• Tribes are not subject to state laws exceptas directed by the U.S. Congress.• Treaties between Indian tribes and theFederal government are of the same dignityand weight as other treaties.• Tribes may not sell tribal lands without theconsent of the U.S. government

In these and subsequent decisions, the SupremeCourt has ruled that all federal agencies, includingDOE, have a permanent legal obligation to exercisestatutory and other legal authorities to protect triballand, assets, resources, and treaty rights. This “trustresponsibility” is a legally enforceable obligation, aduty, on the part of the U.S. Government to protectthe rights of federally recognized Indian tribes. Thelanguage in Supreme Court cases suggests that itentails legal duties, moral obligations, and thefulfillment of understandings and expectations thathave arisen over the entire course of dealingsbetween the U.S. government and Indian tribes. The

Supreme Court has noted that the Federalgovernment, as trustee, is “charged with moralobligations of the highest responsibility and trust.”

In general, the courts have not required specificprocedures but generally have looked to see whetherfederal agencies have sought the views of tribes andconsidered their interests. President Clinton, in a1994 memorandum, directed all federal agencies toassess the impacts of their plans, projects, programs,and activities on tribal trust resources, assure thattribal rights and concerns are considered in decisionmaking and, to the extent practicable and permittedby law, consult with tribal governments before takingactions that affect them.

What are DOE’s TrustResponsibilities?

DOE’ s trust responsibilities include:

• Consulting, to the greatest extent practicableand to the extent permitted by law, with tribalgovernments prior to taking actions that affectfederally recognized tribal governments.

• Protecting tribal people and their resources— land, air, water, vegetation, wildlife andfisheries — from DOE actions that could harmtheir health, safety, or sustainability.

• Protecting “reserved” rights (such ashunting and fishing rights that were specified intreaties as retained or reserved even though thelands are not part of the reservation).

• Protecting Indian cultural and religiousartifacts and sites on land now managed byDOE, and avoiding any unnecessaryinterference with traditional religious practices,which includes providing appropriate access tosacred sites on DOE lands.

• Protecting the sovereignty of tribalgovernments.

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TRIBAL TREATY RIGHTS

Many Indian lands were ceded by treaty to the UnitedStates. These treaties often reserved certain landsand rights for the tribes or established reciprocalobligations by the Federal government. Thesetreaties, unless changed or abrogated by asubsequent treaty or statute, remain the supreme lawof the land. Age alone does not invalidate them.Unless abrogated by Congress, treaties have thesame force as federal statutes. As the SupremeCourt stated in a 1979 decision: “A treaty, includingone between the United States and an Indian tribe, isessentially a contract between two sovereignnations.”

Courts follow certain principles of interpretationswhen reading treaties and other federal legalinstruments regarding Indians. The Supreme Courthas held that ambiguities in treaties are to beconstrued to what the Indians, at the time ofnegotiation of the treaties, may have understoodthem to say. The courts recognize the unequalbargaining relationship between the Indians andthe United States when these treaties werenegotiated. These negotiations were held in alanguage that was foreign to the tribes. Theconcept of land ownership itself was outside Indiancultural traditions, and many times the treatieswere negotiated under duress.

In many treaties (including most of the treaties withtribes in the Northwest), the tribes reserved hunting,fishing, and gathering rights in territories beyond theland they reserved for occupation. In the Northwesttreaties these lands were described as the “usual andaccustomed” places. These lands are referred to as“ceded lands.” Some DOE sites are located on cededlands. Frequently tribes have rights to certainquantities of water from rivers, and the SupremeCourt has ruled that the tribes’ rights to the landinclude sufficient irrigation water to meet the tribes’current and future use. Various lawsuits have alsoraised the broader question of whether fishing andhunting rights include rights to a sustainable, naturalenvironment upon which fish and game depend.Since such rights may be necessary to the primary

purpose of the treaty, these rights may be implicit intreaties. The breadth of these rights has not beenfully defined by the courts.

The rights of each tribe differ with the terms of thetreaty governing its land. What remains constant,however, is the trust responsibility of federalagencies to protect the treaty rights of the tribes,which include protecting the tribes from actions byfederal, state or local agencies that are notconsistent with tribal rights whether within Indianlands or in ceded areas.

Even in those cases where no treaty exists, federalcommon law and federal statutes establish rightsindependent of the treaties. Tribal treaty rights areover and above these statutory rights.

What T reaty Rights Do T ribes Have?

• The scope of treaty rights depends on thelanguage in each treaty.

• Some treaty rights extend beyond present-day boundaries of reservations or Indian trustlands. Off-reservation treaty rights may includegrazing rights, hunting and fishing rights, gatheringrights and interests, water rights, and subsistencerights.

• If Indian water rights are reserved by treaty,they are senior to virtually all other water rightsand are sufficient to cover future, not justexisting, activities on the reservation.

• The courts have ruled that if either huntingor fishing rights are reserved by treaty, bothapply.

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THE DEPARTMENT OF ENERGY’SAMERICAN INDIAN & ALASKANATIVE TRIBAL GOVERNMENTPOLICYDOE policy states that:

DOE’s American Indian and Alaska Native TribalGovernment Policy sets forth the principles to befollowed by the Department of Energy (DOE) toensure an effective implementation of a governmentto government relationship with American Indian andAlaska Native tribal governments. This Policy isbased on the United States Constitution, treaties,Supreme Court decisions, Executive Orders, statutes,existing federal policies, tribal laws, and the dynamicpolitical relationship between Indian nations and theFederal government. The most important doctrinederived from this relationship is the trust responsibilityof the United Sates to protect tribal sovereignty andself-determination, tribal lands, assets, resources,and treaty and other federally recognized andreserved rights.

DOE employees are directed to follow:

1. DOE recognizes the federal trustrelationship and will fulfill its trust responsibilitiesto American Indian and Alaska Native Nations.

2. The Department recognizes and commits toa government to government relationship andwill institute appropriate protocols andprocedures for program and policyimplementation.

3. The Department will establish mechanismsfor outreach, notice, and consultation, andensure integration of Indian nations intodecision-making processes.

4. Department-wide compliance withapplicable federal cultural resource protectionand other laws and executive orders will assist inpreservation and protection of historic andcultural sites and traditional religious practices.

5. The Department will initiate a coordinateddepartment-wide effort for technical assistance,business and economic self-determinationdevelopment opportunities, education, andtraining programs.

6. The Secretary of Energy will conduct anannual tribal leaders summit for performancereview of policy implementation and issueresolution.

7. The Department will work with other federalagencies, and state agencies, that have relatedresponsibilities and relationships to ourrespective organizations as they relate to tribalmatters.

DOE’s work with tribes cuts across most of theDepartment’s programs, i.e., fossil fuels, energyefficiency and renewables, energy deregulation,energy education and environmental managementand cleanup. DOE maintains cooperative agreementswith tribal nations which are directly impacted byDOE operations (Appendix 1).

Building a Relationship with Tribes

• Each DOE office has designated individualsand protocols for tribal contact as shown inAppendix 2. Check with these individuals beforeinitiating contact with a tribe.

• It is particularly important to tribes that tribalsovereignty and tribal officials be treatedrespectfully. Dealing with a senior tribal officialshould be seen as equivalent to dealing with a verysenior U.S. official. For instance, if you have anappointment with the President of the UnitedStates, the Secretary of Energy, or the CEO of amajor company, you make sure you are on time,have all the information that may be needed, andare respectful of the time pressures these officialsare under. The same kind of respect should beextended to tribal officials, as they are ofequivalent rank in their nation.

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• The history of the relationship between theFederal government and a particular governmentmay influence how the tribes relate to DOE staff.DOE staff should learn about DOE’s past andcurrent involvement with the tribe in question toavoid duplication and to understand the context inwhich the relationship will take place.

• Due to the long and complex relationshipbetween the Federal government and Indian tribes,tribes often mistrust the Federal government. Trustmust be earned over time. DOE staff can earn trustby educating themselves about how tribalgovernments operate, demonstrating respect fortribal values, having a proactive interest in tribalwelfare, and following through on commitments.Be respectful, predictable, and credible.

• The tribes’ understanding of DOE’s trustresponsibilities also defines their expectations ofDOE staff. Learn what their expectations are. Youragenda and expectations may be different than thetribes’.

• Tribes interpret consultation to be “a give-and-take process intended to develop consensus.”Simply recording their views is not consideredconsultation.

• Recognize that tribal governments must dealwith the entire welfare of the community, so these

governments may be slow to get to DOE issues.Like most governments, tribes experiencechanging priorities with changing administrations.Also, due to a variety of factors, a high turn-overrate occurs frequently in tribal staff, and tribalgovernments are often understaffed. Be aware thatchanges, such as staff turnover, may affect yourschedule.

• Don’t promise things you can’t deliver. If aproposed action requires acceptance or approvalfrom someone else within DOE or another agency,explain in detail the steps you will take to secureapproval; but don’t over-promise. With a longhistory of broken promises from the Federalgovernment, tribes may see you as untrustworthyif you can’t deliver on your promises.

• If you don’t have the information, offerto get it.

• Consider collaboration with other DOE officesand other federal or state agencies as a way totake actions you could not accomplish alone.

• Work to strengthen the capacity of the tribe toachieve its own goals. For example, the ultimateobjective of protecting the health and environmentof tribes may be achieved most effectively whenenvironmental programs are carried out by thetribal governments. Whenever possible, bringresources, training, and other forms of support tothe working relationship with tribal governments.

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Why Does Culture Matter?

• The critical characteristic of culture is that itprovides a group or society with a shared sense ofmeaning.

• Different cultures have differentinterpretations of what behaviors mean. It is easyfor people from different cultures to offend ormisinterpret each other’s behavior by assumingthat behavior will mean the same thing to someonefrom another culture.

• Cross-cultural miscommunication is animportant concern when working with Indian tribes.

• Ultimately, people-to-people relationships arethe seeds of effective, positive, and productivegovernment-to-government relationships. Thesuccess of these relationships often depends onhow informed the participants are of each other’shistory, government, culture, and appropriateetiquette.

TRIBAL CULTURE AND ETIQUETTE

Communication with people in Indian communitiesinvolves communication across cultures, akin tocommunication with someone from a foreign country.What does it mean to communicate with someonefrom a different culture?

Culture operates at two levels. Objective cultureincludes the visible aspects of culture — language,religion, ritual, dress, art and dance, political andeconomic institutions. Subjective culture refers tothe beliefs, attitudes, values, behavior patterns,and modes of communication that are shared by agroup. Subjective culture provides a way ofunderstanding the world that is shared with othermembers of the group. It tells people within a groupwhat their experiences mean. Behavior that meansone thing in one culture may mean something verydifferent in another.

In many cases we are not even aware of when ourown culture defines the meaning of a behavior inways that are at odds with the interpretation providedby another culture. As social critic Marshall McLuhanonce stated: “Culture is like a glass dome. As long asyou are inside you don’t know you are enclosed.” Sowe may feel insulted or put-upon by someone else’s

behavior, based on behavior that means somethingentirely different in their culture. Or we may giveoffense to someone else by engaging in behavior thatis not offensive in our culture, but that is highlyoffensive in theirs. This is why it is essential that youknow as much as possible about a tribal communitybefore you begin to interact with it. The more youknow about a culture, the less likely you are to createcross-cultural misunderstandings.

At the same time some cultural lessons can only belearned through actual interaction with the otherculture. So if your responsibilities involvecommunication with tribes, you need to interact withpeople from that tribe. This can’t just be formalinteraction within official roles. To understand aculture, you need to understand its people. Thatrequires regular and continuous interaction-- not justofficially, but socially as well. The result should bethat you continue to learn from and respect the tribalculture with which you are working

Etiquette is the part of culture that demonstratesrespect, courtesy, and cooperation with others. Thusmistakes about etiquette may communicatedisrespect or a lack of deference or concern for otherpeople’s feelings.

It’s important to remember that there are currentlynearly 560 federally recognized tribes, and some thatare unrecognized as well. Many of these tribes speakvery different languages and differ in otherfundamental ways. Most Indigenous Americans thinkof themselves not as “Indian,” but as members of atribe; e.g., Navajo, Pueblo, Seneca. No two tribes arethe same. Some are very progressive, some are veryconservative, some are very traditional, and some arevery contemporary.

Nevertheless, there are some generalizations aboutIndian cultures that are useful, and they arepresented below. Some general guidelines foretiquette are provided later in this section.

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Examples of Potential CulturalMisunderstandings:

In most Indian tribes, communication tends to beimplicit, and much is conveyed without articulatingthe particular message. The nonverbal and situationalcontext becomes very important. An example wouldbe that in the tribal world all forms of traditionalexpression — names, words, intonations, drumming,dances, masks, brush strokes, chants — have uniquesymbolism and are the outward manifestation of adeeper reality (as they are in most religions).

There are significant differences in what is importantin the dominant American culture and what isimportant in most tribal cultues.

The dominant American culture tends toemphasize:• earned status• individual achievement• self-reliance• independence• factual/scientific thinking• planned time• individual competitionTribal culture tends to emphasize:• ascribed status• relationships that are stable

and harmonious• reliance on others• intuition• time stretches• cooperation

To illustrate, in the dominant American culture, ayoung person who performs exceptionally wellacademically or athletically would be showered withrecognition and pushed to maximize his or herpotential. In tribal culture, the exceptionalperformance of a single individual might be minimizedin order to achieve harmonious relationships amongall the young people.

Here are some of the areas in which there arefrequent cultural misunderstandings when agenciesdeal with tribal cultures:

• Government agencies place great importanceon schedules and time. Tribes place greateremphasis upon achieving consensus and harmony,and usually tribes believe that consensus andharmony are far more important than schedules

and time. A meeting that might be announced for afew hours might go on for many hours until aconclusion is reached that brings about stabilityand harmony in relationships between members ofthe tribe. An agency may feel that it is essential tohave a tribal response the following week in orderto meet a goal; a tribe may feel that it is essentialto take all the time necessary in order to discussan issue that might affect the life of the tribe forgenerations.

• Tribal elders are treated with great respect,whether or not they hold elected office or an officialposition. In the dominant American culture,people’s status is usually defined by their officialposition.

• Agencies feel they must justify their decisionsbased on facts and scientific thinking. Tribes oftenfeel that intuition is a better guide to the underlyingrelationships and essential truth.

As these examples illustrate, there are significantdifferences in the cultural context in which a DOEemployee operates and that in which tribes operate.These differences always hold the potential forcultural misunderstandings. The best way toovercome these potential misunderstandings isthrough regular communication and interaction.Maintain an attitude of open-mindedness andadaptability. A sense of humor, particularly an abilityto laugh at one’s self, may overcome otherwisedifficult moments.

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Tribal Environmental Beliefs

In mainstream American culture, there is a distinctseparation between the “sacred” and the “mundane”(the everyday tasks of earning a living, finding foodand shelter). But most American Indian tribes andindividual tribal members conceive of spirituality andsacred sites and activities as including all aspects oftheir way of life — a “holistic” or all-inclusiveexistence. Indian people believe all living things areinterconnected. The spiritual and natural worlds arenot separate. Spirituality is a part of everyday life. Forexample, plants and animals are not only necessaryfor subsistence, but also possess spiritualsignificance and serve ceremonial purposes.Therefore, gathering sites are not just subsistencesites; they may be traditional, cultural places. Wherenon-Indian cultures may make a distinction betweenan economic activity, Indian people might considerboth to have spiritual significance.

In Indian culture, celebrations, stories, songs, anddance are not “entertainment.” These activities teachskills that determine the future success of youngertribal members as providers and productive membersof the tribe and ensure the existence of the tribe forgenerations to come. Through subsistence activities,children learn respect for the wildlife and fish that areimportant for their subsistence. They also learn toshare, respect, and provide for their elders, care forthe land, and coexist with other human beings andcultures.

The vitality of Native American culture, health,religion, and the environment are inextricably linked.It may be difficult for a tribe to separate threats totheir environment from threats to their health andculture. Many factors make these links much strongerfor tribal members than for non-Indians.

The Significance for DOE of TribalBeliefs on the Environment

• Environmental risks are often viewed not justas risks to the health of present tribal members,but also as threats to the continuity and integrity ofthe culture.

• Activities that non-Indians might interpret as“economic” activities (such as gathering food) maybe considered “spiritual” activities by tribes.

• Many Indians practice a subsistence lifestyle,depending on fishing, farming, ranching, hunting,and gathering. The implications of this subsistencelifestyle are that the direct exposure of Indians tocontaminated resources may be much greater thanthe equivalently direct exposure to non-Indians,and the consequences from the loss of resourcesare much greater.

• Many tribes use plants, roots, and othernatural resources for medicines and in religiousceremonies. Their faith in the healing and spiritualpower of natural resources depends on its purityand may be threatened if a resource iscontaminated.

• Knowledge about what, where, and how atribe uses natural resources may be proprietaryinformation that the tribe does not want to releaseto DOE for fear the information will be misused.Establishing a methodology for collecting andreleasing information may require carefulcollaboration between the tribe and DOE.

Tribal Decision Making and Meetings

Tribal governments place great emphasis onreaching decisions that produce long-term resolutionsand benefits for future generations. Some tribes talkof making decisions that will produce benefits for thenext seven generations. Native Americans seecontinuation of their culture being dependent onnatural resources and keeping the land in pristinecondition.

Since creating harmony and protecting culturalcontinuity are important tribal values, tribal meetingstend to allow for everyone to express their views.Tribal decision-making processes may seem slowand cumbersome to those who have to meetschedules and deadlines. DOE staff and contractorsneed to be flexible when estimating the time requiredby the tribe to reach decisions or to respond toquestions.

Meetings with tribal officials usually start with wordsof spirituality, prayer or invocation. These prayers areintended to create a positive atmosphere that willlead to mutual understanding and a good outcome forall parties involved. U.S. government rules aboutseparation of church and state do not apply to tribes.They do not necessarily see them as separate, andas sovereign nations they are free to follow their owncultural norms.

12

Pointers on Tribal Meeting Etiquette

• Always be conscious of your conduct. Tribalcultures put great emphasis on judging characterby one’s action, conduct, and response. Theappropriate conduct is to be conservative andmindful. Often credibility and integrity will beassessed within the first five minutes ofconversation or introduction. As a representativeof the Federal government, your actions areindicative of your awareness of the government-to-government relationship with tribal nations.

• Don’t be judgmental about how tribalmeetings are run. Tribal sovereignty includes thetribes’ rights to reach decisions and conductmeetings however they wish.

• Keep your voice to a moderate level.Speaking loudly may be taken by tribal elders,leaders, and members as arrogance, or may beinterpreted as a talking down to them, (i.e., afederal agency taking a paternalistic position).

• Elders are highly respected in tribalcommunities, whether or not they hold any officialposition. They are the repository for the continuityof tribal culture and are often the source ofconsiderable intuitive wisdom.

• When speaking with a tribal elder, allow moretime for a response than you normally would allow.First, English is a second language for many tribalelders. Also, tribal people allow a greater pausetime between speakers, even in their ownlanguage; a pause indicates the other person isconsidering what you said. Indian elders mayrespond by using a story or an analogy todemonstrate their point. A hurried follow-upquestion may disrupt their response to your firstquestion. Therefore, if you are in a hurry, you mayget no answer at all.

• Give your undivided attention to the personwho is speaking. Being impatient about time isculturally inappropriate behavior — if something isimportant enough to talk about, it is importantenough to give whatever time is necessary todiscuss and ultimately resolve the issues. It isconsidered especially rude to look at your watch,clip your finger nails, yawn, walk out, raise yourhand, or shake your head while a tribal elder or atribal leader is talking.

• Sometimes prolonged eye contact isinappropriate. In “Indian Country,” not making orholding eye contact is respectful behavior. While inmeetings, maintaining direct eye contact forextended amounts of time with tribal elders,leaders, and members is considered inappropriatein some tribal cultures. Because tribalrepresentatives are not making eye contact doesn’tmean they aren’t listening.

• When beginning an important discussion orwhen responding to questions by tribal elders andofficials, laughter may be taken as a lack ofseriousness or as belittling the subject or thequestioner.

• Tribes may attach much greater significanceto proposed DOE actions than DOE staff. Tribalpeople have a highly personal vested interest inDOE activities because they know from experiencehow DOE actions may impact their communities,the environment, and their livelihood. DOE staffmay have difficulty in appreciating what DOE’sactions mean in the context of tribal culture.

• Some tribal leaders are sensitive tounprofessional, overly casual attire when meetingsare held with representatives of the Federalgovernment, especially with those representing theWashington, D.C. headquarters office. Casualattire in the West is more acceptable, particularlyamong those who meet regularly with tribal officialsand go straight from their work place to meetings.However, for a business meeting dress respectfullyas you would when meeting with any high electedofficial or a distinguished representative of anothergovernment.

• DOE terms, vocabulary, acronyms, andstandard operating procedures may not be familiar toa tribe. DOE staff need to develop an understandingof the prior involvement, education, and training thetribe has had. Some tribes may need DOE staff tolimit or explain the use of terms, while other tribesmay already have an understanding of the subjectmatter. Never underestimate the knowledge of tribalofficials; but at the same time, be conscious of theterms and concepts you are using to ensure that bothtribal officials and DOE staff are effectivelycommunicating

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Cultural Ceremonies

Cultural ceremonies are the bedrock of tribal identityas a government and people. Ceremonies are thereaffirmation of ancestral knowledge handed downfrom generation to generation. In this manner, songs,dances, prayers, and cultural ceremonial dress aredirect links to cultural, religious, and family history.Tribal members’ participation in cultural ceremoniallife means a commitment to cultural and religiousvalues and teachings. When it appears appropriate,DOE staff and contractors may want to plan theirvisits so they have the flexibility to participate in asocial or cultural event that will help buildunderstanding and foster trusting relationships.

Things You Need to Know AboutTribal EtiquetteDuring Cultural Ceremonies:

• Respect for cultural ceremonies is bestshown through action. During invocations, prayers,or opening songs, be observant and determineappropriate behavior based on the behavior oftribal members .

• Show your respect for tribal ceremonies byallowing sufficient time to observe the entireceremony. Just “putting in an appearance” may beseen as insulting and may increase suspicionabout your sincerity.

• It is customary to remove hats for the durationof the invocation, prayers, or songs.

• While prayers or invocations are being said,lower your head and don’t look around.

• Ask permission before taking pictures. Manytribal members are sensitive about beingphotographed. A general rule of thumb is to askwhether it is permissible to take pictures, videotape, record, or otherwise document culturalceremonies before reaching for a camera.

Visiting Tribal Reservations

Even though there are no immigration officialsrequiring passports, entering a reservation is enteringthe property of a sovereign nation. DOE staff andcontractors are guests of the tribe of which they arevisiting, and must observe the tribe’s customsand laws.

Tribes differ significantly in their willingness to allowvisitors on parts of the reservation away from officialbuildings or tourist facilities. It is wise to inquire inadvance about tribal rules and attitudes and torequest permission before visiting parts of thereservation away from official buildings. Above all, thereservation is the home of the tribe and its people,and the privacy of the people should be respected.

Things You Need to Know aboutVisiting Reservations:

• Don’t assume that you are free to wanderabout or ask tribal members direct questions abouttheir lives. This is the height of rudeness in mostIndian cultures.

• Never point (especially when visiting theNavajo Reservation). Pointing is seen as very rudeand offensive and has cultural, religious, andmetaphysical significance that makes it even moreoffensive.

• DOE staff may find it helpful to developpersonal relatonships with members of the tribewho can help with communication and protocolinformation.

• Photography may be restricted. Ask forpermission to photograph individuals,ceremonies, or meetings. Don’t assumeautomatically that it is appropriate.

• When visting cultual or sacred sites, berespectful of all artifacts. Refrain from handlingor otherwise disturbing these artifacts.

Appendix 1Existing Agreements with T ribes and Nations include:

Hanford Site: Confederated Tribes of the Umatilla IndianReservation, Confederated Tribes and Bandsof the Yakama Nation, and the Nez Perce Tribe.Los Alamos National Laboratory: Cochiti Pueblo,Jemez Pueblo, Santa Clara Pueblo,San Ildefonso Pueblo.Sandia National Laboratory: Isleta Pueblo.Idaho National Laboratory: Shoshone-Bannock Tribes.West V alley Demonstration Project : Seneca Nationof Indians.

14

Office of Congressional andIntergovernmental Affairs

Office of Worker andCommunity Transition

Office of Defense Programs

Office of Economic Impactand Diversity

Office of Energy Efficiencyand Renewable Energy

Office of Environment, Safety,and Health

Energy InformationAdministration

Office of EnvironmentalManagement

Office of Science

Office of Fossil Energy

Office of Field Management

Office of the General Counsel

Office of Management andAdministration

Office of Policy

Office of Fissile MaterialsDisposition

Office of Nuclear Energy

Office of CivilianRadioactive WasteManagement

Derrick Watchman

Pamela De Rensis

John OrdazJohn Rich

Eugene Tates

Thomas Sacco

Lois Thompson

Georgia Collier

Martha CroslandBrandt Petrasek

Joe V. Martinez

Edward Kilroy

Shel Cullison

Judy OdoulamyDean Monroe

Carrie Morgan

Gay Leslie

Ken Sprankle

Nancy Hebron

Elissa Turner

CI-01 7B-164

WT- 6G-051

DP-13 GTN, C-162DP-21 1F-020

ED-03 4B-058

EE-14 6H-034

EH-412 GB-096

EI-22 2H-055

EM-11 5A-031EM-11 1H-087

SC-14 GTN, E-432

FE-12.1 3070/270Corporate Center

FM-30 1I-61

GC-73 6H-064GC-51 6A-113

MA-3 4D-035

PO-52 7H-085

MN-63 GG-092

NE-20 GTN, A-278

RW-44 GF-253

202/586-0211202/586-4891-Fax

202/586-6751202/586-1540-Fax

301/903-8055301/903-6628-Fax202/586-3494202/586-2180-Fax

202/586-4556202/586-5488-Fax

202/586-0759202/586-1605-Fax

202/586-9581202/586-3915-Fax

202/586-1108202/586-0552-Fax

202/586-5944202/586-0293202/586-4818202/586-0293-Fax

301/903-5825301/903-4110-Fax

301/903-2783301/903-6434-Fax

202/586-5205202/586-4931-Fax

202/586-6399202/586-7396-Fax 202/586-2948202/586-7373-Fax

202/586-6807202/586-3294-Fax

202/586-6428202/586-4341-Fax

202/586-7113202/586-2710-Fax

301/903-1536301/903-7020-Fax

202/586-1710202/586-4959-Fax

OFFICE CONTACT MAIL CODE/ROOM # TELEPHONE # AND FAX #

INDIAN ISSUES POINTS OF CONTACT U. S. DEPARTMENT OF ENERGY HEADQUARTERSINDIAN ISSUES POINTS OF CONTACT U. S. DEPARTMENT OF ENERGY HEADQUARTERSINDIAN ISSUES POINTS OF CONTACT U. S. DEPARTMENT OF ENERGY HEADQUARTERSINDIAN ISSUES POINTS OF CONTACT U. S. DEPARTMENT OF ENERGY HEADQUARTERSINDIAN ISSUES POINTS OF CONTACT U. S. DEPARTMENT OF ENERGY HEADQUARTERS

APPENDIX 215

Albuquerque OperatorsOffice

Bonneville PowerAdministration

Denver Regional Office

Golden Field Office

Idaho NationalEngineeringand EnvironmentalLaboratory

Idaho Operations Office

Kirtland Area Office

Lawrence LivermoreNational LaboratoryField OfficeDiné College

Los Alamos AreaOffice

Los AlamosNational Laboratory

Morgantown EnergyTechnology Center

Naval PetroleumReserves in Colorado,Utah, Wyoming

Ki Tecumseh

John SmithKatherine A. CheneyLeslie Atkins

Stephen L. Sargent

Christopher Powers

Willie Preacher

Robert Pence

Tami L. Toops

Steve Grey

Donna Vigil

Barbara Grimes

Madhav Ghate

David Miles

P.O. Box 5400Albuquerque, NM 87185-5400

West 707 Main, Suite 500Spokane, WA 99201

BPA, Room 8G-061 (Hqs.)1617 Cole BoulevardGolden, CO 80401

1617 Cole BoulevardGolden, CO 80401

Lockheed Idaho TechnologyCo.P.O. Box 1625Idaho Falls, ID 83415-3695

850 Energy DriveIdaho Falls, ID 83401-1563

Pennsylvania & H StreetAlbuquerque, NM 87185-5400

P.O. Box 808, L-716Livermore, CA 94566Diné CollegeLLNL/DC Field OfficeP.O. Box 580Shiprock, NM 87420

528 35th

StreetLos Alamos, NM 87544

P.O. Box 1663Los Alamos, NM 87545

3610 Collins Ferry RoadP.O. Box 880 M.S. CO5Morgantown,WV 26507-0880

7290 Salt Creek RouteCasper, WY 82601

505/845-5361505/845-6053505/845-6206-Fax

509/358-7446509/353-2907-Fax509/358-7470509/353-2909-Fax202/586-5629202/586-6763-Fax

303/275-4820303/2754830-Fax

303/275-4742303/275-4789-Fax

208/526-4845208/526-3857-Fax

208/526-6518208/526-8789-Fax

505/845-5264505/845-4671-Fax

925/422-8336

505/368-5120505/368-4868-Fax

505/667-0451505/665-1718-Fax

505/665-1453505/665-4411-Fax

304/285-4135304/285-4403-Fax

307/437-9631307/437-9623-Fax



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Nevada Operations Office

Oakland Operations OfficeOffice of Public Affairs

Oak Ridge Operations Office

Richland Operations Office

Sandia National Laboratories

Savannah River OperationsOffice

Southeastern PowerAdministration

Southwestern PowerAdministration

Western Area PowerAdministration

West Valley DemonstrationProject

Yucca MountainProject Office

Ginny Weyland

Linda Lung

Robert Furlow

Thomas Wynn

Kevin ClarkeDan Tano

Jim Chavez

Arthur Ben Gould

Joel Seymour

Marti Ayers

R. Steven Warner

Bryan Bower

Scott WadeJozette Booth

P.O. Box 3628Tulsa, OK 74101

1617 Cole BoulevardGolden, Colorado80401-3393

P.O. Box 98518Las Vegas, NV 89193-8518

1301 Clay StreetSuite 700 NorthOakland, CA 94612-5208

P.O. Box 2001Oak Ridge, TN 37830

825 Jadwin AvenueP.O. Box 550Richland, WA 99352

Mail Stop 0131P.O. Box 5800Albuquerque, NM 87185-0355

EQMDP.O. Box AAiken, SC 29802

2 South Public SquareSam Elbert BuildingElbertson, GA 30685

P.O. Box 1619Tusla, OK 74101

P.O. Box 3402Golden, CO 80401-0098

P.O. Box 191 - 10282Rock Springs RoadWest Valley, NY 14171

P.O. Box 30307Las Vegas, NV 89036-0307

918/699-2041918/699-2005-Fax

303/275-3044303/275-3076-Fax

702/295-0845702/295-1455-Fax

510/637-1812510/637-2015-Fax

423/576-0630423/576-7813-Fax

509/376-6332509/376-1563-Fax509/376-1967509/376-0306-Fax

505/844-4485505/844-8496-Fax

803/725-3969803/725-8434-Fax

706/213-3810706/213-3884-Fax

918/595-6609918/595-6758-Fax

303/275-2500303/275-2637-Fax

716/942-4368716/942-2068-Fax

702/794-5459702/794-5467-Fax702/794-1317702/794-5038-Fax



National PetroleumTechnology Office

National Renewable EnergyLaboratory

17

Appendix 3U.S. Department of EnergyAmerican Indian Policy

PURPOSE

This policy outlines the principles to be followed bythe Department of Energy (DOE) in its interactionswith federally-recognized American Indian tribes. Itis based on federal policy, treaties, federal law andthe DOE’s responsibilities as a federal agency toensure that Tribal rights and interests are identifiedand considered in pertinent decision-making. Thepolicy provides general guidance to DOEpersonnel for management actions affectingAmerican Indians and emphasizes implementationof such activities in a knowledgeable and sensitivemanner. This policy does not affect DOEinteractions with State-recognized Tribes withrespect to matters provided for by statute orregulation.

DEFINITION

INDIAN COUNTRY means (a) all land within thelimits of any Indian reservation under theJurisdiction of the United States Government,notwithstanding the issuance of any potent, and,including rights-of-way running through thereservation, (b) all dependent Indian communitieswithin the borders of the United States whetherwithin the original or subsequently acquiredterritory thereof, and whether within or without thelimits of a state, and (c) all Indianallotments, the Indian titles to which have notbeen extinguished, including rights-of-wayrunning through the same. (18 USCS 1151)

BACKGROUND

American Indian Tribal Governments have aspecial and unique legal and political relationshipwith the Government of the United States, definedby history, treaties, statutes, court decisions, andthe U.S. Constitution. The United States hasentered into more than 600 treaties andagreements with American Indian tribes. Thesetreaties and agreements create a variety of legalresponsibilities by the United States towardAmerican Indian tribes and provide the basis for agovernment-to-government relationship. Otherresponsibilities toward American Indians arecreated by Congress through statutoryenactments. Although the Department of theInterior, through the Bureau of Indian Affairs, has

the principal responsibility for upholding obligationsof the Federal Government to American Indians,this responsibility extends to all Federal agencies.

POLICY

1. THE DEPARTMENT RECOGNIZES ANDCOMMITS TO A GOVERNMENT-TO-GOVERNMENT RELATIONSHIP WITHAMERICAN INDIAN TRIBAL GOVERNMENTS.

DOE recognizes Tribal governments as sovereignentities with, in most cases, primary authority andresponsibility for Indian country. In keeping with theprinciple of American Indian self-government, theDepartment will view tribal governments as theappropriate non-Federal parties for makingdecisions affecting Indian country, its energyresources and environments, and the health andwelfare of its populace. The Department willrecognize the right of each Tribe to set its ownpriorities and goals in developing and managing itsenergy resources. The Department recognizes thatsome tribes have treaty-protected interests inresources outside reservation boundaries.

2. DOE RECOGNIZES THAT A TRUSTRELATIONSHIP DERIVES FROM THEHISTORICAL RELATIONSHIP BETWEEN THEFEDERAL GOVERNMENT AND AMERICANINDIAN TRIBES AS EXPRESSED IN CERTAINTREATIES AND FEDERAL INDIAN LAW.

In keeping with the trust relationship, the DOEwill consult with Tribal governments regarding theimpact of DOE activities on the energy,environmental and natural resources of AmericanIndian tribes when carrying out its responsibilities.

3. THE DEPARTMENT WILL CONSULT WITHTRIBAL GOVERNMENTS TO ASSURE THATTRIBAL RIGHTS AND CONCERNS ARECONSIDERED PRIOR TO DOE TAKINGACTIONS, MAKING DECISIONS ORIMPLEMENTING PROGRAMS THAT MAYAFFECT TRIBES.

The DOE will take a proactive approach tosolicit input from Tribal governments ondepartmental policies and issues. The Departmentwill encourage Tribal Governments and theirmembers to participate fully in the national andregional dialogues concerning departmentalprograms and issues.

18

4. CONSISTENT WITH FEDERAL CULTURALRESOURCE LAWS AND THE AMERICAN INDIANRELIGIOUS FREEDOM ACT (P.L. 95-341), EACHFIELD OFFICE OR DOE INSTALLATION WITHAREAS OF CULTURAL OR RELIGIOUSCONCERN TO AMERICAN INDIANS WILLCONSULT WITH THEM ABOUT THE POTENTIALIMPACTS OF PROPOSED DOE ACTIONS ONTHOSE RESOURCES AND WILL AVOIDUNNECESSARY INTERFERENCE WITHTRADITIONAL RELIGIOUS PRACTICES.

DOE will comply with all cultural resourcelegislation and implementing regulations in themanagement and operation of its programs andfacilities. Consultation with appropriate AmericanIndian tribal governments is part of the complianceprocess involving Federal cultural resource lawsand the American Indian Religious Freedom Act.Consultation may include, but is not limited to 1)the exchange of information concerning thelocation and management of cultural resources, 2)repatriation or other disposition of objects andhuman remains, 3) access to sacred areas andtraditional resources located on DOE lands inaccordance with safety, health and nationalsecurity considerations, and 4) assessment ofPotential community impacts.

5. THE DEPARTMENT WILL IDENTIFY ANDSEEK TO REMOVE IMPEDIMENTS TOWORKING DIRECTLY AND EFFECTIVELY WITHTRIBAL GOVERNMENTS ON DOE PROGRAMS.

DOE recognizes that there may be regulatory,statutory and/or procedural impediments whichlimit or restrict our ability to work effectively andconsistently with tribes. In keeping with this policy,we will seek to remove any such impediments.Additionally, we will, to the maximum extentpermitted by law, apply existing statutory,regulatory and procedural requirements in amanner that furthers the goals of this policy.

6. THE DEPARTMENT WILL WORK WITHOTHER FEDERAL AND STATE AGENCIES THATHAVE RELATED RESPONSIBILITIES TOCLARIFY THE ROLES, RESPONSIBILITIES ANDRELATIONSHIPS OF OUR RESPECTIVEORGANIZATIONS AS THEY RELATE TO TRIBALMATTERS.

DOE will seek and promote cooperation withother agencies that have related responsibilities. Inmany areas of concern to DOE, cooperation and

mutual consideration among neighboringgovernments (Federal, State, Tribal and local) isessential. Accordingly, DOE will encourage earlycommunication and cooperation among allgovernmental parties. This recognizes that theprinciple of comity among equals and neighborsoften serves the best interests of all parties.

7. THE DEPARTMENT WILL INCORPORATETHIS POLICY INTO ITS ONGOING AND LONG-TERM PLANNING AND MANAGEMENTPROCESSES.

It is key to this effort to ensure that theprinciples of this policy are effectivelyinstitutionalized by incorporating them into theDepartment’s ongoing and long-term planning andmanagement processes. Department managerswill include specific programmatic actions designedto facilitate tribal participation in Departmentalprogram planning and activities.

James D. WatkinsAdmiral, U.S. Navy (Retired)Secretary of Energy

Reaffirmed:Hazel O’LearySecretary of EnergyDate

Reaffirmed:Frederico PenaSecretary of EnergyDate

Reaffirmed:Bill RichardsonSecretary of EnergyDate

Appendix 4Government-to-Government Relations withNative American Tribal Governments

The following memorandum was sent to all heads ofexecutive departments and agencies and appeared inthe May 4, 1994 issue of the Federal Register. It wassigned and released in conjunction with the historicmeeting between the President and representativesof Tribal governments held at the White House onApril 29, 1995.

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The White HouseWashington, DCApril 29, 1994

MEMORANDUM FOR THE HEADS OF EXECUTIVEDEPARTMENTS AND AGENCIES

SUBJECT: Government-to-Government Relationswith Native American Tribal Governments

The United States government has a unique legalrelationship with Native American Tribal governmentsas set forth in the Constitution of the United States,treaties, statutes, and court decisions. As executivedepartments and agencies undertake activitiesaffecting Native American Tribal rights or trustresources, such activities should be implemented in aknowledgeable, sensitive manner respectful of Tribalsovereignty.

Today, as part of an historic meeting, I am outliningprinciples that executive departments and agencies,including every component bureau and office, are tofollow in their interactions with Native American Tribalgovernments. The purpose of these principles is toclarify our responsibility to ensure that the Federalgovernment operates within a government-to-government relationship with Federally-recognizedNative American tribes. I am strongly committed tobuilding a more effective day-to-day workingrelationship reflecting respect for the rights of self-government due the sovereign Tribal governments.

In order to ensure that the rights of sovereign Tribalgovernments are fully respected, executive branchactivities shall be guided by the following:

a. The head of each executive department andagency shall be responsible for ensuring that thedepartment or agency operates within agovernment-to-government relationship withFederally-recognized Tribal governments.

b. Each executive department and agency shallconsult, to the greatest extent practicable and tothe extent permitted by law, with Tribalgovernments prior to taking actions that affectFederally recognized Tribal governments. All suchconsultations are to be open and candid so that allinterested parties may evaluate for themselves thepotential impact of relevant proposals.

c. Each executive department and agency shallassess the impact of Federal government plans,projects, programs, and activities on Tribal trust

resources and assure that Tribal government rightsand concerns are considered during thedevelopment of such plans, projects, programsand activities.

d. Each executive department and agency shalltake appropriate steps to remove anyprocedural impediments to working directly andeffectively with Tribal governments on activitiesthat affect the trust property and/or governmentalrights of the tribes.

e. Each executive department and agency shallwork cooperatively with other Federal departmentsand agencies to enlist their interest and support incooperative efforts, where appropriate, toaccomplish the goals of this memorandum.

f. Each executive department and agency shallapply the requirements of Executive Orders Nos.12875 (“Enhancing the IntergovernmentalPartnership”) and 12866 (“Regulatory Planningand Review”) to design solutions and tailor Federalprograms, in appropriate circumstances, toaddress specific or unique needs of Tribalcommunities. The head of each executivedepartment and agency shall ensure that thedepartment or agency’s bureaus and componentsare fully aware of this memorandum, throughpublication or other means, and that they are incompliance with its requirements.

This memorandum is intended only to improve theinternal management of the executive branch and isnot intended to, and does not, create any right toadministrative or judicial review, or any other right orbenefit or trust responsibility, substantive orprocedural, enforceable by a party against the UnitedStates, its agencies or instrumentalities, its officers oremployees, or any other person.

WILLIAM J. CLINTON

Appendix 5Executive Order 13007Indian Sacred Sites

By the authority vested in me as President by theConstitution and the laws of the United States, infurtherance of Federal treaties, and in order to protectand preserve Indian religious practices, it is herebyordered:

20

Section 1. Accommodation of Sacred Sites.

(a) In managing Federal lands, each executivebranch agency with statutory or administrativeresponsibility for the management of Federal landsshall, to the extent practicable, permitted by law,and not clearly inconsistent with essential agencyfunctions,

1) Accommodate access to and ceremonial useof Indian sacred sites by Indian religiouspractitioners, and

2) Avoid adversely affecting the physicalintegrity of such sacred sites. Where appropriate,agencies shall maintain the confidentiality ofsacred sites.

(b) For the purposes of this order:

(i) “Federal lands” means any land or interests inland owned by the United States, includingleasehold interests held by the United States,except Indian trust lands;

(ii) “Indian tribe” means an Indian or AlaskaNative Tribe, band, nation, pueblo, village, orcommunity that the Secretary of the Interioracknowledges to exist as an Indian Tribe pursuantto Public Law No. 103-454, 108 Stat. 4791, and“Indian “ refers to a member of such an IndianTribe; and

(iii) “Sacred site” means any specific, discrete,narrowly delineated location on Federal land that isidentified by an Indian Tribe, or Indian individualdetermined to be an appropriately authoritativerepresentative of an Indian religion, as sacred byvirtue of its established religious significance to, orceremonial use by, an Indian religion; provided thatthe Tribe or appropriately authoritativerepresentative of an Indian religion has informedthe agency of the existence of such a site.

Section 2: Procedures.

(a) Each executive branch agency with statutoryor administrative responsibility for the managementof Federal lands shall, as appropriate, promptlyimplement procedures for the purposes of carryingout the provisions of section I of this order,including, where practicable and appropriate,

procedures to ensure reasonable notice isprovided of proposed actions or land managementpolicies that may restrict future access to orceremonial use of, or adversely affect the physicalintegrity of, sacred sites. In all actions pursuant tothis section, agencies shall comply with theExecutive memorandum of April 29, 1994,“Government-to-Government Relations with NativeAmerican Tribal Governments.”

(b) Within 1 year of the effective date of thisorder, the head of each executive branch agencywith statutory or administrative responsibility forthe management of Federal lands shall report tothe President, through the Assistant to thePresident for Domestic Policy, on theimplementation of this order. Such reports shalladdress, among the other things, (i) any changesnecessary to accommodate access to andceremonial use of Indian sacred sites; (ii) anychanges necessary to avoid adversely affecting thephysical integrity of Indian sacred sites; and (iii)procedures implemented or proposed to facilitateconsultation with appropriate Indian Tribes andreligious leaders and the expeditious resolution ofdisputes relating to agency action on Federal landsthat may adversely affect access to, ceremonialuse of, or the physical integrity of sacred sites.

Section 3

Nothing in this order shall be construed to require ataking of vested property interests. Nor shall thisorder be construed to impair enforceable rights to useof Federal lands that have been granted to thirdparties through final agency action. For purposes ofthis order, “agency action” has the same meaning asin the Administrative Procedure Act (5 U.S.C. 551(13)).

Section 4

This order is intended only to improve the internalmanagement of the executive branch and is notintended to, nor does it, create any right, benefit, ortrust responsibility, substantive or procedural,enforceable at law or equity by any party against theUnited States, its agencies, officers, or any person.

WILLIAM J. CLINTONThe White HouseMay 24, 1996

21

Appendix 6Executive Order 13021Tribal Colleges and Universities

By the authority vested in me as President by theConstitution laws of the United States of America, inreaffirmation of the special relationship of the Federalgovernment to American Indians and Alaska Natives,and, for the purposes of helping to:

(a) ensure that Tribal colleges and universitiesare more fully recognized as accreditedinstitutions, have access to the opportunitiesafforded other institutions, and have Federalresources committed to them on a continuingbasis;

(b) establish a mechanism that will increaseaccessibility of Federal resources for Tribalcolleges and universities in Tribal communities;

(c) promote access to high-quality educationalopportunity for economically disadvantagedstudents;

(d) promote the preservation and therevitalization of American Indian and Alaska Nativelanguages and cultural traditions;

(e) explore innovative approaches to better linkTribal colleges with early childhood, elementary,and secondary education programs; and

(f) support the National Education Goals (20U.S.C. 5812), it is hereby ordered as follows:

Section 1 Definition of Tribal Colleges andUniversities.

Tribal colleges and universities (Tribal colleges) arethose institutions cited in section 532 of the Equity inEducational Land-Grant Status Act of 1994 (7 U.S.C.301 note), any other institution that qualifies forfunding under the Tribally Controlled CommunityCollege Assistance Act of 1978, (25 U.S.C. 1801 etseq.), and Navajo Community College, authorized inthe Navajo Community College Assistance Act of1978, Public Law 95-471, title II (25 U.S.C.640a note).

Section 2 Board of Advisors.

(a) Establishment.

There shall be established in the Departmentof Education a Presidential advisory committeeentitled the President’s Board of Advisors on TribalColleges and Universities (“Board”). Notwithstandingthe provisions of any other Executive Order, theresponsibilities of the President under the FederalAdvisory Committee Act, as amended (5 U.S.C.App.), with respect to the Board, shall be performedby the Secretary of Education (“Secretary”), inaccordance with the guidelines and proceduresestablished by the Administrator of General Services.

(b) Composition.

The Board shall consist of not more that 15members who shall be appointed by the President.The Board shall include representatives of Tribalcolleges. The Board may also include representativesof the higher, early childhood, elementary, andsecondary education communities; Tribal officials;health, business, and financial institutions; privatefoundations; and such other persons as the Presidentdeems appropriate. Members of the Board will serveterms of two years and may be reappointed toadditional terms. A Member may continue to serveuntil his or her successor is appointed. In the event aMember fails to serve a full term, an individualappointed to replace that Member will serve theremainder of that term. All terms will expire upon thetermination of the Board.

(c) Role of Board.

The Board shall provide advice regarding theprogress made by Federal agencies toward fulfillingthe purposes and objectives of this order. The Boardshall also provide recommendations to the Presidentand the Secretary at least annually on ways Tribalcolleges can:

1) utilize long-term development, endowmentbuilding, and master planning to strengtheninstitutional viability;

2) utilize the Federal and private sector toimprove financial management and security, obtainprivate sector funding support, and expand andcomplement Federal education initiatives;

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3) develop institutional capacity through the useof new and emerging technologies offered by boththe Federal and private sectors;

4) enhance physical infrastructure to facilitatemore efficient operation and effective recruitmentand retention of students and faculty; and

5) help achieve National Education Goals andmeet other high standards of educationaccomplishment.

(d) Scheduled Meetings.

The Board shall meet at least annually toprovide advice and consultation on Tribal collegesand relevant Federal and private sector activities, andto transmit reports and present recommendations.

Section 3 Office of White House Initiative.

There shall be established in the Department ofEducation the White House Initiative on TribalColleges and Universities (“Initiative”). The Initiativeshall be authorized to:

(a) provide the staff support for the Board;

(b) assist the Secretary in the role of liaisonbetween the executive branch and Tribal colleges;

(c) serve the Secretary in carrying out theSecretary’s responsibilities under this order; and

(d) utilize the services, personnel, information,and facilities of other Federal, State, Tribal, andlocal agencies with their consent, and with orwithout reimbursement, consistent with applicablelaw. To the extent permitted by law andregulations, each Federal agency shall cooperatein providing resources, including personneldetailed to the Initiative, to meet the objectives ofthe order.

Section 4 Department and Agency Participation.

Each participating executive department and agency(hereinafter collectively referred to as “agency”), asdetermined by the Secretary, shall appoint a seniorofficial, who is a full-time officer of the Federalgovernment and who is responsible for managementor program administration, to serve as liaison to theWhite House Initiative. The official shall report directly

to the agency head, or agency representative, onagency activity under this order and serve asliaison to the White House Initiative. To the extentpermitted by law and regulation, each agency shallprovide appropriate information in readily availableformats requested by the White House Initiative staffpursuant to this order.

Section 5 Five-Year Plan.

(a) Content.

Each agency shall, in collaboration with Tribalcolleges, develop and document a Five-Year Planof the agency’s efforts to fulfill the purpose of thisorder. These Five-Year Plans shall include annualperformance indicators and appropriatemeasurable objectives for the agency. The plansshall address among other relevant issues:

1) barriers impeding the access of Tribalcolleges to funding opportunities and toparticipation in Federal programs, and ways toeliminate the barriers;

2) technical assistance and information that willbe made available to Tribal colleges regarding theprogram activities of the agency and thepreparation of applications or proposals for grants,cooperative agreements, or contracts; and

3) an annual goal for agency funds to beawarded to Tribally controlled colleges anduniversities in:

4) grants, cooperative agreements, contracts,and procurement;

5) related excess property-type acquisitionsunder various authorities such as section 923 ofthe Federal Agriculture Improvement and ReformAct of 1996 (7 U.S.C. 2206a) and the FederalProperty and Administrative Services Act of 1949,chapter 288, 63 Stat. 377 (codified as described at40 U.S.C. 471 note); and

6) the transfer of excess and surplus Federalcomputer equipment under Executive Order12999.

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In developing the Five-Year Plans required bythis order, agencies shall strive to include Tribalcolleges in all aspects and activities related to theattainment of the participation goals described inExecutive Order 12928, “Promoting Procurement withSmall Businesses Owned as Controlled by Sociallyand Economically Disadvantaged Individuals,Historically Black Colleges and Universities, andMinority Institutions.” The Plans may also emphasizeaccess to high-quality educational opportunity foreconomically disadvantaged Indian students; thepreservation and revitalization of American Indianand Alaska Native languages and cultural traditions;innovative approaches to better link Tribal collegeswith early childhood, elementary, and secondaryeducation programs; and the National EducationGoals.

(b) Submission.

Each agency shall submit its Five-Year Planto the White House Initiative Office. In consultationwith the Board, the White House Initiative Officeshall review these Five-Year Plans and develop anintegrated Five-Year Plan for Assistance to TribalColleges, which the Secretary shall review andsubmit to the President. The Five-Year Plan forAssistance to Tribal Colleges may be revisedwithin the five-year period.

(c) Annual Performance Reports.

Each agency shall submit to the White HouseInitiative Office an Annual Performance Report thatshall measure each agency’s performance againstthe objectives set forth in its Five-Year Plan. Inconsultation with the Board, the White HouseInitiative Office shall review and combine AnnualPerformance Reports into one annual report, whichshall be submitted to the Secretary for review, inconsultation with the Office of Management andBudget.

Section 6. Private Sector.

In Cooperation with the Board, the White HouseInitiative office shall encourage the private sector toassist Tribal colleges through increased use of suchstrategies as;

(a) matching funds to support increasedendowments;

(b) developing expertise and more effective waysto manage finance, improve information systems,build facilities, and improve course offerings; and

(c) increasing resources for and training of faculty.

Section 7 Termination.

The Board shall terminate two years after the date ofthis Executive Order unless the Board is renewed bythe President prior to the end of that two-year period.

Section 8 Administration.

(a) Compensation.

Members of the Board shall serve withoutcompensation, but shall be allowed travelexpenses, including per diem in lieu ofsubsistence, as Government service (5 U.S.C.5701-5707).

(b) Funding.

The Board and the Initiative shall be fundedby the Department of Education.

(c) Administrative Support.

The Department of Education shall provideappropriate administrative services and staffsupport for the Board and the Initiative. With theconsent of the Department of Education, otheragencies participating in the Initiative Officeconsistent with statutory authority and shall makeuse of section 112 of title 3, United States Code, todetail agency employees to the extent permitted bylaw. The Board and the White House InitiativeOffice shall have a core staff and shall besupported at appropriate levels.

William J. Clinton

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Appendix 7American Indian and Alaska NativeEducation

Executive OrderAugust 6, 1998

THE WHITE HOUSEAMERICAN INDIAN AND ALASKA NATIVEEDUCATION

By the authority vested in me as President by theConstitution and the laws of the United States ofAmerica, in affirmation of the unique political andlegal relationship of the Federal government withTribal governments, and in recognition of the uniqueeducational and culturally related academic needs ofAmerican Indian and Alaska Native students, it isherebyordered as follows:

Section 1. Goals.

The Federal government has a special, historicresponsibility for the education of American Indianand Alaska Native students. Improving educationalachievement and academic progress for AmericanIndian and Alaska Native students is vital to thenational goal of preparing every student forresponsible citizenship, continued learning, andproductive employment. The Federal government iscommitted to improving the academic performanceand reducing the dropout rate of American Indian andAlaska Native students. To help fulfill this commitmentin a manner consistent with Tribal traditions andcultures, Federal agencies need to focus specialattention on six goals:

(1) improving reading and mathematics;

(2) increasing high school completion andpostsecondary attendance rates;

(3) reducing the influence of long-standingfactors that impede educational performance, suchas poverty and substance abuse;

(4) creating strong, safe, and drug-free schoolenvironments;

(5) improving science education; and

(6) expanding the use of educational technology.

Section 2. Strategy.

In order to meet the six goals of this order, acomprehensive Federal response is needed toaddress the fragmentation of government servicesavailable to American Indian and Alaska Nativestudents and the complexity of intergovernmentalrelationships affecting the education of thosestudents. The purpose of the Federal activitiesdescribed in this order is to develop along-term, comprehensive Federal Indianeducation policy that will accomplish those goals.

(a) Interagency Task Force.

There is established an Interagency TaskForce on American Indian and Alaska NativeEducation (Task Force) to oversee the planningand implementation of this order. The Task Forceshall confer with the National Advisory Council onIndian Education (NACIE) in carrying out activitiesunder this order. The Task Force shall consult withrepresentatives of American Indian and AlaskaNative Tribes and organizations, including theNational Indian Education Association (NIEA) andthe National Congress of American Indians (NCAI),to gather advice on implementation of the activitiescalled for in this order.

(b) Composition of the Task Force.

(1) The membership of the Task Force shallinclude representatives of the Departments of theTreasury, Defense, Justice, Interior, Agriculture,Commerce, Labor, Health and Human services,Housing and Urban Development, Transportation,Energy, and Education, as well as theEnvironmental Protection Agency, the Corporationfor National and Community Service, and theNational Science Foundation. With the agreementof the Secretaries of Education and the Interior,other agencies may participate in the activities ofthe Task Force.

(c) Interagency plan.

The Task Force shall, within 90 days of thedate of this order, develop a Federal interagencyplan with recommendations identifying initiatives,strategies, and ideas for future interagency actionsupportive of the goals of this order.

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(d) Agency participation.

To the extent consistent with law and agencypriorities, each participating agency shall adoptand implement strategies to maximize theavailability of the agency’s education-relatedprograms, activities, resources, information, andtechnical assistance to American Indian andAlaska Native students. In keeping with the spirit ofthe Executive Memorandum of April 29,1994, onGovernment-to-Government Relations with NativeAmerican Tribal Governments and Executive Order13084 of May 14, 1998, each participating agencyshall consult with Tribal governments on theireducation-related needs and priorities, and on howthe agency can better accomplish the goals of thisorder. Within six months, each participating agencyshall report to the Task Force regarding thestrategies it has developed to ensure suchconsultation.

(e) Interagency resource guide.

The Task Force shall identify, withinparticipating Federal agencies, all education-related programs and resources that support thegoals of this order. Within 12 months, the TaskForce, in conjunction with the Department ofEducation, shall develop, publish, and widelydistribute a guide that describes those programsand resources and how American Indians andAlaska Natives can benefit from them.

(f) Research.

The Secretary of Education, through the Office ofEducational Research and Improvement and theOffice of Indian Education, and in consultation withNACIE and participating agencies, shall developand implement a comprehensive Federal researchagenda to:

(1) establish baseline data on academicachievement and retention of American Indian andAlaska Native students in order to monitorimprovements;

(2) evaluate promising practices used with thosestudents; and

(3) evaluate the role of native language andculture in the development of educationalstrategies. Within one year, the Secretary ofEducation shall submit the research agenda,including proposed timelines, to the Task Force.

(g) Comprehensive Federal Indian educationpolicy.

(1) The Task Force shall, within two years of thedate of this order, develop a comprehensiveFederal Indian education policy to support theaccomplishment of the goals of this order. Thepolicy shall be designed to:

(A) improve Federal interagency cooperation;

(B) promote intergovernmental collaboration;and

(C) assist Tribal governments in meeting theunique educational needs of their children,including the need to preserve, revitalize, and usenative languages and cultural traditions.

(2) In developing the policy, the Task Force shallconsider ideas in the Comprehensive FederalIndian Education Policy Statement proposaldeveloped by the NIEA and the NCAI.

(3) The Task Force shall developrecommendations to implement the policy,including ideas for future interagency action.

(4) As appropriate, participating agencies maydevelop memoranda of agreement with oneanother to enable and enhance the ability of Tribesand schools to provide, and to coordinate thedelivery of Federal, Tribal, State, and localresources and services, including social andhealth-related services, to meet the educationalneeds of American Indian and Alaska Nativestudents.

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(h) Reports. The Task Force co-chairs shallsubmit the comprehensive Federal Indianeducation policy, and report annually on theagencies, activities, accomplishments, andprogress toward meeting the goals of this order, tothe Director of the Office of Management andBudget.

Section 3. Regional partnership forums.

The Departments of Education and Interior, incollaboration with the Task Force and Federal, Tribal,State, and local government representatives, shalljointly convene, within 18 months, a series of regionalforums to identify promising practices andapproaches on how to share information, provideassistance to schools, develop partnerships, andcoordinate intergovernmental strategies supportive ofaccomplishing the goals of this order. TheDepartments of Education and the Interior shallsubmit a report on the forums to the Task Force,which may include recommendations relating tointergovernmental relations.

Section 4. School pilot sites.

The Departments of Education and the Interiorshall identify a reasonable number of schoolsfunded by the Bureau of Indian Affairs (BIA) andpublic schools that can serve as a model forschools with American Indian and Alaska Nativestudents, and provide them with comprehensivetechnical assistance in support of the goals of thisorder. A special team oftechnical assistance providers, including Federalstaff, shall provide assistance to these schools.Special attention shall be given, where appropriate,to assistance in implementing comprehensive schoolreform demonstration programs that meet the criteriafor those programs established by the Departmentsof Labor, Health and Human Services, andEducation, and Related Agencies Appropriations Act,1998 (Public Law 105-78), and to providing

comprehensive service delivery that connects anduses diverse Federal agency resources. The teamshall disseminate effective and promising practices ofthe school pilot sites to other local educationalagencies. The team shall report to the Task Force onits accomplishments and its recommendations forimproving technical support to local educationalagencies and schools funded by the BIA.

Section 5. Administration.

The Department of Education shall provideappropriate administrative services and staff supportto the Task Force. With the consent of theDepartment of Education, other participatingagencies may provide administrative support to theTask Force, consistent with their statutory authority,and may detail agency employees to the Departmentof Education, to the extent permitted by law.

Section 6. Termination.

The Task Force established under Section 2 of thisorder shall terminate not later than five years from thedate of this order.

Section 7. General provisions.

This order is intended only to improve the internalmanagement of the executive branch and is notintended to, and does not, create any right or benefit,substantive or procedural, enforceable at law orequity by a party against the United States, itsagencies or instrumentalities, its officers oremployees, or any other person. This order is notintended to preclude, supersede, replace, orotherwise dilute any other Executive order relating toAmerican Indian and Alaska Native education.

WILLIAM J. CLINTONTHE WHITE HOUSEAugust 6, 1998

1. An Introduction to Indian Nations in the UnitedStates, National Congress of American Indians, 1301Connecticut Ave NW, Second Floor, Washington DC,20036, p. 4.

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