Background & Purpose
Executive Order 13175 established the foundational policy for federal-tribal relations in the modern era. It requires every federal agency to engage in meaningful government-to-government consultation with tribal governments before taking any action that has "tribal implications" — meaning policies that have substantial direct effects on tribes, the federal-tribal relationship, or the distribution of power between the federal government and tribes.
The Order recognizes that Indian tribes exercise "inherent sovereign powers over their members and territory" and that the federal government has a "unique legal relationship" with tribes as "domestic dependent nations" under the trust doctrine.
Every president since Clinton has reaffirmed this Order. President Obama issued a 2009 Presidential Memorandum strengthening consultation requirements. President Biden issued a 2021 Presidential Memorandum directing agencies to develop detailed consultation plans.
Key Requirements
Government-to-Government Relationship
Federal agencies must treat tribal governments as sovereign entities, not interest groups or stakeholders. Consultation must be on a government-to-government basis — the agency's designated official engages directly with tribal leaders.
Meaningful Consultation
Consultation must be "meaningful" — not a box-checking exercise. Agencies must provide tribes with timely notice, allow adequate time for response, and genuinely consider tribal input before making decisions. Notice-and-comment rulemaking is not sufficient.
Federalism Assessment
Before promulgating any regulation with tribal implications, agencies must assess effects on tribes and prepare a "tribal summary impact statement." Unfunded mandates on tribes are disfavored.
Tribal Self-Governance Deference
Where possible, agencies must defer to tribal self-governance. The Order "grants an Indian tribe maximum administrative discretion" and directs agencies to encourage tribes to develop their own standards rather than imposing federal ones.
Key Language
"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."
"Indian tribes exercise inherent sovereign powers over their members and territory. Our Nation under the law of the United States, in accordance with treaties, statutes, Executive Orders, and judicial decisions, has recognized the right of Indian tribes to self-government."
"Each agency shall have an accountable process to ensure meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications."
How EO 13175 Supports ATN's Government-to-Government Engagement
EO 13175 is ATN's procedural right to be consulted — and it applies to every federal agency.
- 1. Federal agencies must consult ATN. Any federal action affecting the Mendocino Indian Reservation — BIA decisions, DOJ enforcement, DEA cannabis policy, EPA environmental regulations, USDA agricultural programs — requires meaningful government-to-government consultation with ATN first.
- 2. Not a stakeholder — a sovereign. ATN is not a "stakeholder" or "interest group" providing public comments. ATN is a sovereign government entitled to direct government-to-government consultation with federal officials.
- 3. Cannabis policy implications. Any federal cannabis enforcement decision affecting ATN requires tribal consultation under EO 13175. DOJ, DEA, and USDA cannot take enforcement action against tribal cannabis operations without first engaging ATN in meaningful consultation.
- 4. Procedural challenge tool. If a federal agency takes action affecting ATN without consultation, ATN can challenge the action as procedurally deficient under EO 13175 and the Administrative Procedure Act.
- 5. Bipartisan continuity. Every president since 2000 has reaffirmed EO 13175. It is settled, bipartisan executive policy — not a partisan position.
Related Authorities
- Nixon's 1970 Special Message — End of termination; self-determination policy launched
- ISDEAA (1975) — Statutory self-determination framework EO 13175 builds on
- DOJ Office of Tribal Justice Memo — Federal policy confirming concurrent tribal authority
- Cherokee Nation v. Georgia (1831) — Trust relationship origin
- White Mountain Apache v. US (2003) — Trust duty has affirmative obligations