Tribal Consultation Chronology

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:

• 2000 Preliminary DRAFT - Discussion Paper (Adobe PDF, 12 pages)

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.