Executive Order 13084 of May 14, 1998
Consultation and Coordination With Indian Tribal Governments
The United States has a unique legal relationship with Indian tribal governments as set forth in the Constitution of the
United States, treaties, statutes, Executive orders, and court decisions. Since the formation of the Union, the United States
has recognized Indian tribes as domestic dependent nations under its protection. In treaties, our Nation has guaranteed
the right of Indian tribes to self-government. As domestic dependent nations, Indian tribes exercise inherent sovereign
powers over their members and territory. The United States continues to work with Indian tribes on a government-to-government
basis to address issues concerning Indian tribal self-government, trust resources, and Indian tribal treaty and
Section 1. Definitions. For purposes of this order:
(b) "Indian tribe" means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary
of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994,
25 U.S.C. 479a.
(c) "Agency" means any authority of the United States that is an "agency" under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(5).
Sec. 2. Policymaking Criteria. In formulating policies significantly or uniquely affecting Indian tribal governments,
agencies shall be guided, to the extent permitted by law, by principles of respect for Indian tribal self-government and
sovereignty, for tribal treaty and other rights, and for responsibilities that arise from the unique legal relationship between
the Federal Government and Indian tribal governments.
Sec. 3. Consultation. (a) 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.
Sec. 4. Increasing Flexibility for Indian Tribal Waivers. (a) Agencies shall review the processes under which Indian tribal governments apply for waivers of statutory and regulatory requirements and take appropriate steps to streamline those processes.
(c) Each agency shall, to the extent practicable and permitted by law, render a decision upon a complete application for a waiver within 120 days of receipt of such application by the agency. The agency shall provide the applicant with timely written notice of the decision and, if the application for a waiver is not granted, the reasons for such denial.
(d) This section applies only to statutory or regulatory requirements that are discretionary and subject to waiver by the agency.
Sec. 5. Cooperation in developing regulations. On issues relating to tribal self-government, trust resources, or treaty and
other rights, each agency should explore and, where appropriate, use consensual mechanisms for developing regulations,
including negotiated rulemaking.
Sec. 6. Independent agencies. Independent regulatory agencies are encouraged to comply with the provisions of this
Sec. 7. General provisions. (a) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.
(c) This order shall complement the consultation and waiver provisions in sections 4 and 5 of the Executive order, entitled "Federalism," being issued on this day.
(d) This order shall be effective 90 days after the date of this order.
William J. Clinton
THE WHITE HOUSE,
May 14, 1998