EXECUTIVE ORDER ON NATION-TO-NATION RELATIONS BETWEEN THE UNITED STATES AND NATIVE SOVEREIGN NATIONS By the authority vested in me by the Constitution, treaties and laws of the United States, and in order to promote nation-to-nation relations with Native American Nations, honor treaty rights, support Indian Self-Determination and further the United States’ solemn trust responsibility to promote sustainable and prosperous Native American Nations, I hereby order as follows: Section 1. Nation-to-Nation Policy. Prior to the foundation of the United States of America, Native American peoples established and maintained independent sovereign nations with democratic governing institutions for thousands of years. From America’s first days, the United States entered into solemn treaties based upon mutual consent with Native Sovereign Nations acknowledging Native sovereignty, guaranteeing permanent Native homelands, recognizing Native self-determination and self-government, and pledging peace, friendship and commerce. In all, 400 Indian treaties were negotiated, with American territorial acquisitions that today are the basis of the United States of America. Under the U.S. Constitution, treaties with Native Nations are among the Supreme Law of the Land, and our law provides that the United States of America shall continue to honor our treaties with the Indian tribes now and in the future. Section 1(a). Federal Trust Responsibility. In the Northwest Ordinance, 1787 and 1789, America pledged the “utmost good faith” towards the Indians and promised that Native Nation lands and liberty would not be invaded. In treaties, our Nation pledged protection for Indian nations, and promised commerce and trade. Today, America’s policy promotes Indian Self- Determination, based upon mutual consent, within the framework of nation-to-nation relations, so that Native Sovereign Nations can serve as the prosperous and sustainable homelands promised by treaty. The Federal trust responsibility to protect Indian tribes guides America in promoting sustainable and prosperous Native American Nations and homelands and democracy counsels that nation-to-nation relations must be based upon mutual consent, as provided by our Constitution and treaties. Section 1(b). Protection of Indian Self-Determination. The Constitution delegates the Federal Government plenary authority vis-à-vis the states to manage affairs with Native Sovereign Nations and state admissions acts embody our original promise to respect Indian Self- Determination and Native homelands, free from invasion or interference with Native American liberty. As our earliest treaties and many state admissions acts provide, Native sovereignty and self-government are protected from state interference and state law that is contrary to tribal self- government is pre-empted by Federal law and treaties and tribal self-government itself. Section 1(c). Peace, Friendship and Restorative Justice. Over almost a century, the United States made 400 or more treaties with Native Sovreign Nations that pledged peace, friendship, and commerce. In treaties, agreements, statutes, and executive orders, America has recognized the Federal trust responsibility to promote the general welfare, self-determination, and self- government of Native American Nations, and to protect Native lands, waters, and other natural resources. Yet far too often America, through wars and conflicts, has failed to live up to our treaty and trust responsibility to Native American peoples. All that was deeply wrong. America must today follow the path of peace and restorative justice.
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