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Department of Health and Human Services
Agency for Toxic Substances and Disease Registry
[ATSDR-107]
Policy on Government-to-Government Relations With Native American Tribal Governments
Summary: This notice announces the final ATSDR
policy on conducting government-to-government relationships with federally
recognized tribal
governments. The draft policy was published for public comment in the
Federal Register on August 1, 1995 [60 FR 39176]. The public comment
period ended August 31, 1995. Comments were received from 5 individuals
representing tribal governments and intertribal councils. This document
reflects finalization of the ATSDR policy after consideration of those
comments.
Supplementary Information: The
Agency for Toxic Substances and Disease Registry issues the following
policy statement related to
its Government-to-Government Relations with Native American Tribal
Governments:
The mission of ATSDR is to prevent exposure and adverse
human health effects and diminished quality of life associated with
exposure to hazardous substances from waste sites, unplanned releases, and
other
sources of pollution present in the environment. In carrying out its
programs, ATSDR works with other Federal, State, and local government
agencies, and tribal organizations to protect public health.
The U.S. Government has a unique government-to-government
relationship with tribal governments as established by the U.S.
Constitution, by treaties, by statute, by court decisions, and by
Executive Orders. This relationship respects the U.S. Government's
trust responsibility to American Indians and Alaska Natives and their
rights of self-government because of their sovereign status. ATSDR is
strongly committed to building a more effective day-to-day working
relationship with tribal governments.
In fulfilling the commitment to establish and maintain government-
to-government relations with federally recognized tribal governments,
ATSDR will be guided by:
(1) Section 126 of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) and the principles set forth
in the President's ``Memorandum for the Heads of Executive Departments
and Agencies Regarding: Government-to-Government Relations with
Native American Tribal Governments'' (April 29, 1994). In particular, ATSDR
will:
In a manner consistent with the protection of public
health, consult with tribal governments to ensure that tribal rights
and concerns are considered before ATSDR takes actions, makes
decisions, or implements programs that may affect tribes; and
Establish procedures to work directly and effectively with
tribal governments.
(2) The needs and culture of individual tribal governments;
(3) ATSDR's prior and ongoing experience with tribal governments,
and recognized organizations associated with such governments; and
(4) The need to enhance coordination with other agencies with
related areas of responsibility.
Dated: August 8, 1996.
Claire V. Broome, Deputy Administrator, Agency for Toxic Substances and
Disease Registry.
[FR Doc. 96-20702 Filed 8-13-96; 8:45 am]
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