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1 1 (February 18, 2021)

handle is hein.crs/govecfu0001 and id is 1 raw text is: Congressional a Research Service Tribal Consultation: Administration Guidance and Policy Consideration February 18, 2021 On January 26, 2021, President Biden issued a Presidential Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships (2021 P.M.). The 2021 P.M. requires agencies to create a detailed plan of actions to implement Executive Order 13175 (E.O. 13175), issued November 6, 2000, which mandates federal agencies to consult with tribes when developing federal policies with tribal implications. The 2021 P.M. reaffirms the policy announced in the Presidential Memorandum of November 5, 2009 (2009 P.M.) requiring agencies to prepare and periodically update a detailed plan of actions to implement E.O. 13175. According to the 2021 P.M., the Biden Administration's priorities include the following: respecting tribal sovereignty and self-governance, fulfilling federal trust and treaty obligations, and engaging in regular, meaningful, and robust consultation with tribes. This Insight provides an overview of executive actions on tribal consultation from 2000 to 2021 and observer and stakeholder comments about the 2021 P.M. This Insight also discusses potential policy considerations for Congress. Executive Actions on Tribal Consultation The 2021 P.M. cites two prior presidential actions on tribal consultation: E.O. 13175 and the 2009 P.M. E.O. 13175 mandates tribal consultation when federal agency policies involve regulations, proposed legislation, or other policy actions that have a substantial direct effect on tribes. Among other things, E.O. 13175 requires agencies to develop a process ensuring meaningful and timely input by tribes under these circumstances. The 2009 P.M. directed each agency to submit within 90 days of its issuance a detailed plan of actions to the Office of Management and Budget (OMB) describing how the agency will implement E.O. 13175. Accordingly, for example, the Department of the Interior's plan of actions included developing a department-wide consultation policy and supplemental bureau policies. The 2009 P.M. required tribal consultation on agency plans prior to submittal to OMB and directed agencies to submit progress reports to OMB and the Assistant to the President for Domestic Policy (APDP). The 2009 P.M. also required OMB and APDP to report to the President on agency implementation of E.O. 13175 and recommend improvements to agency plans and tribal consultation. Congressional Research Service https://crsreports.congress.gov IN11606 CRS INSIGHT Prepared for Members and Committees of Congress

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