Charter

PURPOSE

The Federal delivery of health services and funding of programs to maintain and improve the health of American Indian and Alaska Natives (AI/AN) are consonant with and required by the Federal Government’s historical and unique legal relationship with Indian Tribes, as reflected in the Constitution of the United States. In recognition of this and pursuant to Presidential Executive Order No. 13175, November 6, 2000, and the Presidential Memorandum of September 23, 2004, the Centers for Disease Control and Prevention (CDC) and the Agency for Toxic Substances and Disease Registry (ATSDR) have established a Tribal Consultation Policy for working with Federally-recognized Tribes on a government-to-government basis. The CDC Tribal Consultation Policy establishes the formation of a Tribal Advisory Committee (TAC) to serve as an advisory body to CDC.

The purpose of the CDC TAC is to provide a complementary venue wherein tribal representatives and CDC staff will exchange information about public health issues in Indian country, identify urgent public health needs in AI/AN communities, and discuss collaborative approaches to addressing these issues and needs. The CDC TAC will support, and not supplant any other government-to-government consultation activities that CDC undertakes. In addition to assisting CDC in the planning and coordination of biannual tribal consultation sessions, the TAC will provide an established, recurring venue wherein tribal leaders will advise CDC regarding the government-to-government consultation process and will help to ensure that CDC activities or policies that impact Indian country are brought to the attention of all tribal leaders. The TAC will assist CDC in the planning and coordination of Tribal consultation sessions and help to ensure that CDC activities or policies that impact Indian country are brought to the attention of Tribal leaders.

AUTHORITY

The U.S. Department of Health and Human Services (HHS) has adopted a Tribal Consultation Policy that applies to all HHS Divisions and includes CDC. The HHS Tribal Consultation Policy directs Divisions to establish a process to ensure accountable, meaningful, and timely input by Tribal officials in the development of policies that have Tribal implications. The President also signed an Executive Memorandum entitled “Government-to-Government Relationship with Tribal Governments”, reaffirming this government-to-government relationship with Indian Tribes on September 23, 2004. In response

The TAC charter complies with the statutory provisions set forth at 2 U.S.C. § 1534(b)¹ (1) & (2), and therefore will not implicate the Federal Advisory Committee Act (FACA).  The method for selecting Tribal members of the TAC is designed to acknowledge the role of Tribal governments and their elected or appointed officials with regard to consultation on policy issues. 

FUNCTION

The TAC will provide a forum for meetings between Federal officials and elected or appointed Tribal leaders (or their designated employees with authority to act on their behalf); as well as representatives of national Tribal organizations designated by Tribal leaders to act on their behalf, in compliance with exemptions to FACA. These programs may be funded in whole or in part by CDC. The meetings will facilitate the exchange of views, information, or advice concerning the intergovernmental responsibilities in the implementation and/or administration of CDC programs, including those that arise explicitly or implicitly under statute, regulation or Executive Order. Such meetings include, but are not limited to, seeking consensus, exchanging views, information, advice, and/or recommendations, or facilitating any other interaction relating to intergovernmental responsibilities or administration. Meetings may be face-to-face or via conference call. TAC meetings will complement and not supplant the Tribal consultation process between CDC and the Tribes.

• Tribal Advisory Committee Charter » [PDF - 162KB]

¹2 U.S.C. § 1534 (b) provides: The Federal Advisory Committee Act (5 U.S.C. app.) shall not apply to actions in support of intergovernmental communications where –  (1) meetings are held exclusively between Federal official and elected officers of State, local and Tribal governments (or their designated employees with authority to act on their behalf) acting in their official capacities; and (2) such meetings are solely for the purposes of exchanging views, information, or advice relating to the management or implementation of Federal programs established pursuant to public law that explicitly or inherently share intergovernmental responsibilities or administration.