Courtesy of Chris Molle:
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release June 26, 2013
EXECUTIVE ORDER
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ESTABLISHING THE WHITE HOUSE COUNCIL
ON NATIVE AMERICAN AFFAIRS
By the authority vested in me as President by the
Constitution and the laws of the United States of America, and
in order to promote and sustain prosperous and resilient Native
American tribal governments, it is hereby ordered as follows:
Section 1. Policy. The United States recognizes a
government-to-government relationship, as well as a unique legal
and political relationship, with federally recognized tribes.
This relationship is set forth in the Constitution of the
United States, treaties, statutes, Executive Orders,
administrative rules and regulations, and judicial decisions.
Honoring these relationships and respecting the sovereignty
of tribal nations is critical to advancing tribal
self-determination and prosperity.
As we work together to forge a brighter future for all
Americans, we cannot ignore a history of mistreatment and
destructive policies that have hurt tribal communities. The
United States seeks to continue restoring and healing relations
with Native Americans and to strengthen its partnership with
tribal governments, for our more recent history demonstrates
that tribal self-determination -- the ability of tribal
governments to determine how to build and sustain their own
communities -- is necessary for successful and prospering
communities. We further recognize that restoring tribal
lands through appropriate means helps foster tribal
self-determination.
This order establishes a national policy to ensure that
the Federal Government engages in a true and lasting
government-to-government relationship with federally recognized
tribes in a more coordinated and effective manner, including by
better carrying out its trust responsibilities. This policy is
established as a means of promoting and sustaining prosperous
and resilient tribal communities. Greater engagement and
meaningful consultation with tribes is of paramount importance
in developing any policies affecting tribal nations.
To honor treaties and recognize tribes' inherent
sovereignty and right to self-government under U.S. law, it is
the policy of the United States to promote the development of
prosperous and resilient tribal communities, including by:
(a) promoting sustainable economic development,
particularly energy, transportation, housing, other
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infrastructure, entrepreneurial, and workforce development to
drive future economic growth and security;
(b) supporting greater access to, and control over,
nutrition and healthcare, including special efforts to confront
historic health disparities and chronic diseases;
(c) supporting efforts to improve the effectiveness and
efficiency of tribal justice systems and protect tribal
communities;
(d) expanding and improving lifelong educational
opportunities for American Indians and Alaska Natives, while
respecting demands for greater tribal control over tribal
education, consistent with Executive Order 13592 of December 2,
2011 (Improving American Indian and Alaska Native Educational
Opportunities and Strengthening Tribal Colleges and
Universities); and
(e) protecting tribal lands, environments, and natural
resources, and promoting respect for tribal cultures.
Sec. 2. Establishment. There is established the White
House Council on Native American Affairs (Council). The Council
shall improve coordination of Federal programs and the use of
resources available to tribal communities.
Sec. 3. Membership. (a) The Secretary of the Interior
shall serve as the Chair of the Council, which shall also
include the heads of the following executive departments,
agencies, and offices:
(i) the Department of State;
(ii) the Department of the Treasury;
(iii) the Department of Defense;
(iv) the Department of Justice;
(v) the Department of Agriculture;
(vi) the Department of Commerce;
(vii) the Department of Labor;
(viii) the Department of Health and Human Services;
(ix) the Department of Housing and Urban
Development;
(x) the Department of Transportation;
(xi) the Department of Energy;
(xii) the Department of Education;
(xiii) the Department of Veterans Affairs;
(xiv) the Department of Homeland Security;
(xv) the Social Security Administration;
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(xvi) the Office of Personnel Management;
(xvii) the Office of the United States Trade
Representative;
(xviii) the Office of Management and Budget;
(xix) the Environmental Protection Agency;
(xx) the Small Business Administration;
(xxi) the Council of Economic Advisers;
(xxii) the Office of National Drug Control Policy;
(xxiii) the Domestic Policy Council;
(xxiv) the National Economic Council;
(xxv) the Office of Science and Technology Policy;
(xxvi) the Council on Environmental Quality;
(xxvii) the White House Office of Public Engagement
and Intergovernmental Affairs;
(xxviii) the Advisory Council on Historic
Preservation;
(xxix) the Denali Commission;
(xxx) the White House Office of Cabinet Affairs;
and
(xxxi) such other executive departments, agencies,
and offices as the Chair may, from time to time,
designate.
(b) A member of the Council may designate a senior-level
official, who is a full-time officer or employee of the Federal
Government, to perform his or her functions.
(c) The Department of the Interior shall provide funding
and administrative support for the Council to the extent
permitted by law and within existing appropriations.
(d) The Council shall coordinate its policy development
through the Domestic Policy Council.
(e) The Council shall coordinate its outreach to federally
recognized tribes through the White House Office of Public
Engagement and Intergovernmental Affairs.
(f) The Council shall meet three times a year, with any
additional meetings convened as deemed necessary by the Chair.
The Chair may invite other interested agencies and offices to
attend meetings as appropriate.
Sec. 4. Mission and Function of the Council. The Council
shall work across executive departments, agencies, and offices
to coordinate development of policy recommendations to support
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tribal self-governance and improve the quality of life for
Native Americans, and shall coordinate the United States
Government's engagement with tribal governments and their
communities. The Council shall:
(a) make recommendations to the President, through the
Director of the Domestic Policy Council, concerning policy
priorities, including improving the effectiveness of Federal
investments in Native American communities, where appropriate,
to increase the impact of Federal resources and create greater
opportunities to help improve the quality of life for Native
Americans;
(b) coordinate, through the Director of the Office of
Public Engagement and Intergovernmental Affairs, Federal
engagement with tribal governments and Native American
stakeholders regarding issues important to Native Americans,
including with tribal consortia, small businesses, education
and training institutions including tribal colleges and
universities, health-care providers, trade associations,
research and grant institutions, law enforcement, State and
local governments, and community and non-profit organizations;
(c) coordinate a more effective and efficient process for
executive departments, agencies, and offices to honor the
United States commitment to tribal consultation as set forth
in Executive Order 13175 of November 6, 2000 (Consultation and
Coordination With Indian Tribal Governments), and my memorandum
of November 5, 2009 (Tribal Consultation); and
(d) assist the White House Office of Public Engagement and
Intergovernmental Affairs in organizing the White House Tribal
Nations Conference each year by bringing together leaders
invited from all federally recognized Indian tribes and senior
officials from the Federal Government to provide for direct
government-to-government discussion of the Federal Government's
Indian country policy priorities.
Sec. 5. General Provisions. (a) The heads of executive
departments, agencies, and offices shall assist and provide
information to the Council, consistent with applicable law, as
may be necessary to carry out the functions of the Council.
(b) Nothing in this order shall be construed to impair or
otherwise affect:
(i) the authority granted by law to an executive
department, agency, or the head thereof; or
(ii) the functions of the Director of the Office
of Management and Budget relating to budgetary,
administrative, or legislative proposals.
(c) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(d) For purposes of this order, "federally recognized
tribe" means an Indian or Alaska Native tribe, band, nation,
pueblo, village, or community that the Secretary of the
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Interior acknowledges to exist as an Indian tribe pursuant
to the Federally Recognized Indian Tribe List Act of 1994,
25 U.S.C. 479a.
(e) For purposes of this order, "American Indian and
Alaska Native" means a member of an Indian tribe, as membership
is defined by the tribe.
(f) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at
law or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or
agents, or any other person.
BARACK OBAMA
THE WHITE HOUSE,
June 26, 2013.
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