America must engage with Native American Nations through nation-to-nation relations based upon fairness, justice and democracy pursuant to constitutional, treaty and statutory obligations. We must honor Native American self-determination, support Native economic self-sufficiency, and respect tribal self-government, treaty rights and the Federal trust responsibility. Section 2. Definitions. For the purposes of this order, “Native Sovereign Nation” or “NSN” means our federally recognized Indian Tribes, Bands, Villages and Nations under the Federally Recognized Indian Tribe List Act. 25 U.S.C. secs. 5130-5131. Section 3. Fundamental Principles. (a) Native Sovereignty. Native Sovereign Nations have sovereign authority over their members and territory. Native Nations have self-determination and autonomy to promote Native self-government, preserve native languages, cultures, and traditions, protect Indian lands and support economic self-sufficiency. Native nations, Indian self- determination, and sovereignty to be protected as essential liberty and self-government consistent with the 14 th Amendment, which recognizes Native citizens, the status of Indian tribes as Native nations, and Native self-government. (b) Nation-to-Nation Relations. Federal agencies should engage with Native Sovereign Nations through the framework of nation-to-nation relations, with recognition not only of Native Sovereign Nations’ authority and responsibilities but also of the United States’ trust responsibilities to Native Americans, including to protect Native lands, waters, and other natural resources. (c) Economic Self-Sufficiency. To foster that commerce, America must promote Native American marketplaces and value generated in Indian country to support tribal economic development and self-sufficiency. Consistent with these objectives, federal agencies should seek to minimize Federal and state regulatory burdens on Native American nations and Native Americans, including by preempting unduly burdensome state laws. (d) Native Languages, Culture Resources and Religious Liberty. In the past, federal and state governments suppressed native languages, customs, and religions, in violation of the First Amendment, treaties, and statutes. Today, America must promote Native American languages and American Indian religious freedom, remove barriers to native religious and linguistic freedom, including fostering access to native sacraments, eagle feathers, and other cultural items, and fund native language restoration programs. Section 4. Nation-to-Nation Consultation and Mutual Consent. Federal agencies shall consult with Native Sovereign Nations within the framework of nation-to-nation relations required by Executive Memorandum of January 26, 2021 (Tribal Consultation and Strengthening Nation-to- Nation Relations) and the Executive Memorandum on Uniform Standards for Consultation, date November 30, 2023. Whenever a federal agency undertakes action—including rulemaking, policy implementation, or development of legislation—that would have significant impact on Native Americans or U.S. policy regarding Native Americans, the agency shall consult with affected Native Sovereign
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