EP 1165-2-1
30 Jul 99
(4) Native American Tribal Governments. The United States
Constitution specifically addresses Indian sovereignty by classing
Indian treaties among the "supreme Law of the land," and establishes
Indian affairs as a unique focus of Federal concern. Principles
outlined in the Constitution and treaties, as well as those
established by Federal laws, regulations and Executive Orders,
continue to guide our national policy toward Indian Nations. On 29
April 1994, the United States reaffirmed its "unique legal relationship
with Native American tribal governments." In recognition of the
special considerations due to tribal interests, the President directed
Federal agencies to operate within a government-to-government
relationship with federally recognized Indian tribes; consult, to the
greatest extent practicable and permitted by law, with Indian tribal
governments; assess the impact of agency activities on tribal trust
resources and assure that tribal interests are considered before
activities are undertaken; and remove procedural impediments to
working directly with tribal governments on activities that affect
trust property or governmental rights of the tribes. The U.S. Army
Corps of Engineers has lasting and positive relations with many Indian
tribal governments (e.g., since 1990, Indian tribes have been local
partners in the development and construction of over 200 Corps water
resources development projects, and Indian tribes annually apply for
hundreds of permits under the Corps Clean Water Act permitting
responsibilities. To ensure that all Corps commands adhere to
principles of respect for Indian tribal governments and honor our
Nation's trust responsibility, the "U.S. Army Corps of Engineers Tribal
Policy Principles" is to be used on an interim basis until more
detailed statements are developed. These Principles have been
developed with the OASA(CW) and are consistent with the President's
goals and objectives.
f. Interagency Agreements. These agreements represent a
coordination device agreed upon by two or more Federal agencies to
analyze or solve common problems in a consistent manner so as to
optimize the results of the joint effort. Interagency agreements,
adopted as common interagency policy, carry the authority of the
respective agency heads. Such agreements to which the Corps may be a
party are executed, on behalf of the Department of the Army, by
ASA(CW). The scope and degree of formality of this limited form of
Executive policy varies widely. Pertinent interagency agreements are
listed in Appendix E of this EP.
2-3.
Administrative Policy.
a. Historic Policy. Administrative policy has developed
gradually but continuously over the years to implement laws and to
encompass the growth of economic and social need and changing
technology. Basic principles of formulation and evaluation were
outlined in the report to the Interagency Committee on Water Resources
entitled, "Proposed Practices for Economic Analysis of River Basin
Projects," originally issued in May 1950 and revised in May 1958
(generally referred to as the "Green Book"). In May 1962, the
President approved use of the principles and standards contained in
Senate Document 97, 87th Congress. In September 1973, the President
approved (and WRC published in the Federal Register) WRC's "Principles
and Standards for Planning Water and Related Land Resources" (P&S).
The P&S set forth two co-equal national objectives, national economic
development (NED) and environmental quality (EQ); required, in
investigations of the member agencies, formulation of alternative NED
and EQ plans; and called for a display of the potential impacts of
plans in a system of four accounts--an account for each of the two
2-7
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