HHS Secretary’s Memo on Tribal Consultation Policy

THE SECRETARY OF HEALTH AND HUMAN SERVICE

WASHINGTON, D.C. 200201

August 7, 1997

TO:	Heads of Operating Divisions Heads of Staff Divisions
FROM:	The Secretary
SUBJECT:	Department Policy on Consultation with American Indian/Alaska Native Tribes and Indian Organizations

The President's Memorandum of April 29, 1994, titled, "Government-to-Government Relationship with Native American Tribal Governments" that was sent to the heads of executive departments and agencies reaffirmed the unique relationship between the U.S. Government and Native American Tribal Governments as stated in the Constitution, treaties, statutes and court decisions and directed each executive department and agency to consult with tribal governments prior to taking actions that affect them.

The Domestic Policy Council (DPC) Working Group on Indian Affairs, chaired by Secretary Babbitt, has requested that each Department develop its own operational definition of "consultation" with Indian tribes to meet the requirements of both the Indian Self-Determination and Educational Assistance Act, Public Law 93-638, and the President's Memorandum.

The DPC's recommendations led to the creation of an HHS Working Group on Consultations with American Indians and Alaska Natives. Co-chaired by Jo Ivey Boufford, M.D., former Acting Assistant Secretary for Health, and Michael H. Trujillo, M.D., Director, Indian Health Service, this group was comprised of representatives of the Departments major Operating Divisions and Office of the Secretary Staff Divisions [OPDIV/STAFFDIV]. During several meetings, the group explored the broad array of American Indian and Alaska Native (AI/AN) programs within the Department and developed a report recommending a Department-wide consultation plan (attached). I have accepted the Working Group's recommendations in the attached report and have designated the OS/Office of Intergovernmental Affairs (IGA) as the lead for the Department. As stated in the Working Group's report, each OPDIV/STAFFDIV should plan consistent with HHS policy. Completed plans should be submitted to IGA by August 29. Each OPDIV/STAFFDIV should submit an annual progress report on consultations conducted during the previous fiscal year to IGA no later than December 31 of each year.

I know all of you share with me a commitment to ensure that the intent and spirit of the President's Memorandum is fully embraced in the consultation process that we are implementing.

/s/

Donna E. Shalala

Attachment
Working Group Report