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Tribal Consultation Chronology
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Background
April 29, 1994
President Clinton signs Presidential Memorandum for Heads
of Executive Departments and Agencies, titled "Government to
Government Relations with Native American Tribal Governments."
This memorandum states in part that: "Each ... department and
agency shall consult, to the greatest extent practicable and permitted
by law, with tribal governments prior to taking actions that affect
federally recognized tribal governments."
June 26, 1994
Based on the 1994 memorandum, Secretary Cisneros signed
an American Indian and Alaska Native Policy Statement, providing
in part that, "the Department will consult with American Indian
and Alaska Native Tribal governments, Indian housing authorities
and national Indian organizations when developing legislation, regulations,
and policies that affect those tribes."
May 14, 1998
Executive Order 13084 is issued, which required in part
that, "Each agency shall have an effective process to permit
elected officials and other representatives of Indian tribal governments
to provide meaningful and timely input in the development of regulatory
policies on matters that significantly or uniquely affect their
communities."
March 30, 1999
HUD provided a revised draft tribal consultation policy to tribal
leaders and other participants at the Shared Visions Homeownership
Summit in Chicago. Tribal representatives and Indian housing professionals
presented a proposal for a HUD tribal consultation committee.
Secretary Cuomo met with tribal leaders at the Summit and supported
the concept of tribal consultation.
ONAP staff held a number of discussions and conference calls
to evaluate the tribal proposal, as well as identifying procedural
and substantive issues in order to refine the HUD proposal and
determine how best to implement this initiative. Despite this,
tribes and Indian housing representatives rejected the draft and
called for its rescission. HUD complied.
ONAP sent a letter to all federally recognized tribal governments
apprising them of the Department's proposed tribal consultation
policy and procedures, and requesting their participation in finalizing
the document, in effect consulting with tribes on how consultation
should take place.
June 4, 1999
A letter is sent to all tribes with the existing HUD consultation
policy, noting the issues raised at the Chicago summit of 3/30/99,
what issues HUD is studying related to consultation, and other matters.
July 6, 1999
A draft consultation policy was presented at Rapid City
in conjunction with Pine Ridge Summit. HUD announces outreach plan
for comments/suggestions.
September 1999 to December 1999
ONAP holds a series of seven regional consultations sessions
in Indian Country seeking tribal input on the proposed consultation
policy. Final reports of these regional consultations are available
for review:
January 2000
HUD ONAP staff and a tribal work group meet in Phoenix
to collate the comments received after the regional consultations.
The work group demands that the comments be negotiated and converted
into a final draft product. HUD staff disagree with this approach,
pointing out that the mandate of the work group is to collate and
consolidate all recommendations, not make policy decisions. The
work group rejects this perspective and the group prepares a document
with options reflecting the differing points of view.
February 23, 2000
ONAP sponsors a final national consultation meeting in
Washington, DC to discuss what the policy should contain.
November 6, 2000
Executive
Order 13175 on Consultation and Coordination with Indian Tribal
Governments is signed by President Clinton.
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