Policy on Government-to-Government Relations With Native American Tribal Governments

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Agency for Toxic Substances and Disease Registry

[ATSDR-107]

Policy on Government-to-Government Relations With Native American

Tribal Governments

AGENCY: Agency for Toxic Substances and Disease Registry (ATSDR),

Department of Health and Human Services (HHS).

ACTION: Notice.

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SUMMARY: This notice announces the final ATSDR policy on conducting

government-to-government relationships with federally recognized tribal

governments. The draft policy was published for public comment in the

Federal Register on August 1, 1995 [60 FR 39176]. The public comment

period

[[Page 42256]]

ended August 31, 1995. Comments were received from 5 individuals

representing tribal governments and intertribal councils. This document

reflects finalization of the ATSDR policy after consideration of those

comments.

FOR FURTHER INFORMATION CONTACT: Dr. Mark M. Bashor, Associate

Administrator for Federal Programs, Office of Federal Programs, Agency

for Toxic Substances and Disease Registry, 1600 Clifton Road, NE.,

Mailstop E-28, Atlanta, Georgia 30333, telephone (404) 639-0730.

SUPPLEMENTARY INFORMATION: The Agency for Toxic Substances and Disease

Registry issues the following policy statement related to its

Government-to-Government Relations with Native American Tribal

Governments:

The mission of ATSDR is to prevent exposure and adverse human

health effects and diminished quality of life associated with exposure

to hazardous substances from waste sites, unplanned releases, and other

sources of pollution present in the environment. In carrying out its

programs, ATSDR works with other Federal, State, and local government

agencies, and tribal organizations to protect public health.

The U.S. Government has a unique government-to-government

relationship with tribal governments as established by the U.S.

Constitution, by treaties, by statute, by court decisions, and by

Executive Orders. This relationship respects the U.S. Government's

trust responsibility to American Indians and Alaskan Natives and their

rights of self-government because of their sovereign status. ATSDR is

strongly committed to building a more effective day-to-day working

relationship with tribal governments.

In fulfilling the commitment to establish and maintain government-

to-government relations with federally recognized tribal governments,

ATSDR will be guided by:

(1) Section 126 of the Comprehensive Environmental Response,

Compensation, and Liability Act (CERCLA) and the principles set forth

in the President's ``Memorandum for the Heads of Executive Departments

and Agencies Regarding: Government-to-Government Relations with Native

American Tribal Governments'' (April 29, 1994). In particular, ATSDR

will:

In a manner consistent with the protection of public

health, consult with tribal governments to ensure that tribal rights

and concerns are considered before ATSDR takes actions, makes

decisions, or implements programs that may affect tribes; and

Establish procedures to work directly and effectively with

tribal governments.

(2) The needs and culture of individual tribal governments;

(3) ATSDR's prior and ongoing experience with tribal governments,

and recognized organizations associated with such governments; and

(4) The need to enhance coordination with other agencies with

related areas of responsibility.

Dated: August 8, 1996.

Claire V. Broome,

Deputy Administrator, Agency for Toxic Substances and Disease Registry.

[FR Doc. 96-20702 Filed 8-13-96; 8:45 am]

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