User:Rolandcharlotte/sandbox

Question: Should I keep using Indian because that is what is in the Executive Order's title or should I use another term?

Drafted Paragraphs

Introduction: Executive Order 13175, "Consultation and Coordination with Indian Tribal Governments," was issued by President William Clinton on November 06, 2000. Executive Order 13175 mandates that federal departments and agencies consult with Indian tribal governments when implementing policies that they anticipate will impact federally recognized Indian tribes. Executive Order 13175 built upon President Clinton's preceding Executive Order 13084 as it restated the federal government's commitment to self-government, self-determination, and tribal sovereignty.

Preceding Legislation and Executive Action: Executive Order 13175 was a continuation of a history of federal legislative and executive claims to support and foster a government-to-government relationship between the federal government and tribal governments (citation: ). Executive Order 13175 explicitly cites some of the most recent policies in this history. Executive Order 12866, "Regulatory Planning and Review," is complemented but not replaced by Executive Order 13175 (citation: Section 9,a). Similarly, Executive Order 13175 contributes to Executive Order 12988, "Civil Justice Reform," without negating it (citation: Section 9, a). The sections 6 and 7 of Executive Order 13132, "Federalism," which address consultation and waivers are also extended in Executive Order 13175 (citation: Section 9, b). President Clinton's Executive Order 13084, "Consultation and Coordination with Indian Tribal Governments," issued only two years prior, was annulled with the issuance of Executive Order 13175 (citation: Section 9, c). While President Clinton's Executive Order 13007, "Indian Sacred Sites," focuses on the protection of religiously significant Indian sites within federal land management, it is connected with Executive Order 13175 as both represent President Clinton's executive actions with regards to the relationship between the federal government and Indian groups.

Intent of Executive Order 13175: Executive Order 13175 was passed with the intent of encouraging federal departments and agencies to collaborate and cooperate with Indian tribal governments in order to preserve the boundaries of the unique relationship established between the federal government and Indian tribes (citation: ---).

Executive Order 13175: Section 1

Section 1 of Executive Order 13175 provides definitions of select terms and phrases used in the text of the executive order. These include 'policies that have tribal implications,' 'Indian tribe,' 'agency,' and 'tribal officials' (citation: section 1, a-d). 'Policies that have tribal implications' are defined as agency or departmental actions that impact tribes, the relationship between tribes and the government, or the respective responsibilities assigned tribal and federal governments in a way that is "substantial" and "direct" (citation: section 1, a-d). The five definitions provided are generally consistent with those applied in other federal policies.

Executive Order 13175: Section 2

Section 2 of Executive Order 13175 outlines the fundamental principles behind the Executive Order. This section reiterates that the United States has a distinct relationship with Indian tribes as dependent nations, that they acknowledge Indian self-government, and that they support tribal sovereignty and self-determination (citation: Section 2, c).

Executive Order 13175: Section 3

Section 3 of Executive Order 13175 establishes standards within which agencies and departments must act when creating policies that impact tribes. These include adherence to the principles outlined in section 2, affording tribal governments as much individual discretion as possible, and defaulting to tribal authority when outlining the details of federal policy compliance.

Executive Order 13175: Section 4

Section 4 of Executive Order 13175 precludes legislative action that circumvents section 3 guidelines.

Executive Order 13175: Section 5

Section 5 of Executive Order 13175 details how federal departments and agencies should go about consulting with tribal governments. This includes developing a process for collecting tribal input and submitting this process to the Office of Management and Budget (OMB) for review. Each agency or department must also identify a staff member responsible for ensuring the agency or department's compliance with Executive Order 13175. Agencies and departments are also prohibited from creating policies which carry serious costs of adherence, unless supporting funding or extensive communication requirements are met. Agencies and departments may also not establish policies which contradict existing tribal laws. The section closes by reiterating the importance of prioritizing negotiation and conference with tribal governments.

Executive Order 13175: Section 6

Section 6 of Executive Order 13175 extends the flexibility attributed to tribal waivers submitted for federal policy compliance.

Executive Order 13175: Section 7

Section 7 of Executive Order 13175 expands upon the section 5 role of the person designated to oversee compliance with the details of the executive order.

Executive Order 13175: Section 8

Section 8 of Executive Order 13175 suggests that independent regulatory agencies comply with the executive order, although they are not explicitly held under its authority.

President George W. Bush Administration

President George W. Bush continued to support the ideas behind Clinton's Executive Order 13175 as he issued an executive memorandum entitled "Government-to-Government Relationship with Tribal Governments." In this, Bush recommitted his administration to interacting with tribal governments on a 'government-to government' basis. The memorandum also repeated Executive Order 13175's support of policies that protect tribal sovereignty and right to self-determination.

President Barack Obama's Administration

In a manner similar to that of President George W. Bush before him, President Obama publicly dedicated his administration to the principles outlined in Executive Order 13175. He issued an executive order that established the White House Council on Native American Affairs and declared that he would pursue "effective and efficient consultation under Executive Order 13175" (citation). On November 5 of 2009, President Obama published a "Memorandum on Tribal Consultation" (citation). In this document, President Obama declared that each government department and agency must develop and submit a plan detailing their department or agency's execution of the requirement of Executive Order 13175 (citation). By imposing timelines for completed implementation plans, this memorandum indirectly acknowledged that Executive Order 13175 had not been consistently and thoroughly adhered to across departments and agencies.

Response

While conceptual criticism of Executive Order 13175 has been contained to a few extreme right-wing conservatives, there is continued belief among some tribes that the federal government engages in meaningful cooperative efforts with tribal governments -- with or without the consultation requirements outlined in Executive Order 13175 (citation).

Outline

Executive Order 13175: Introduction

Preceding Legislative and Executive Action

Executive Order 12866 (Regulatory Planning and Review) -- 13175 supplements but does not supersede this one (Section 9, a)

Executive Order 12988 (Civil Justice Reform) -- 13175 supplements but does not supersede this one (Section 9, a)

Executive Order 13132 (Federalism) -- 13175 complements the consultation and waiver provisions in sections 6 and 7 (Section 9, b)

Executive Order 13084 (Consultation and Coordination with Indian Tribal Governments) -- Revoked at the time this order takes effect (Section 9, c.)

Executive Order 13007 (Indian Sacred Sites)

Executive Order 13175: Intent/Purpose

Section by section summary

President George W. Bush Administration (Reword)

Executive Memorandum Government-to-Government Relationship with Tribal Governments •	Reiterated commitment to work with tribal governments on a government-to-government basis, tribal sovereignty, and self-determination

President Obama’s Administration (Reword)

Executive Order creating White House Council on Native American Affairs

Commitment to “effective and efficient consultation under Executive Order 13175”

Memorandum on Tribal Consultation (November 5, 2009) -- Each department must develop implementation plan for Executive Order 13175

Response

Continued disbelief that tribal governments are meaningfully engages in regulatory actions

Criticism of the Executive Order itself has been typically regulated to politically extreme conservatives

Sources

http://energy.gov/nepa/downloads/executive-order-13175-consultation-and-coordination-indian-tribal-governments

http://www.gpo.gov/fdsys/pkg/FR-2000-11-09/pdf/00-29003.pdf

https://www.whitehouse.gov/the-press-office/memorandum-tribal-consultation-signed-president

http://outreach.asu.edu/book/resource-guide/summary-clinton-administration-executive-order-no-13175

http://www.hhs.gov/iea/tribal/tribalconsultation/

http://www4.nau.edu/itep/ntaa/air-topics/docs/2006_07_24_NTAA_Analysis_EPA_Consult_Guidance.pdf

http://www.bia.gov/cs/groups/public/documents/text/idc008324.pdf

http://www.americanthinker.com/articles/2010/02/obama_and_first_americans.html (example of criticism)

http://portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian_housing/ih/regs/govtogov_tcp