Government-to-Government Relations: Why the 1994 Memorandum Still Matters
As a tribal consultant, I’m often asked why federal-tribal consultation feels complicated - and why agencies sometimes miss the mark. The truth is: the expectations were laid out clearly more than 30 years ago. On April 29, 1994, the White House issued a historic memorandum titled “Government-to-Government Relations with Native American Tribal Governments.”
This wasn’t just a piece of paperwork. It was an official directive that every federal department and agency must treat tribes as sovereign governments - not as stakeholders, special interest groups, or advisory boards.
What the Memorandum Requires - And Why It Matters
The memo outlined six key commitments:
Operate within a government-to-government framework. Agencies aren’t doing tribes a favor—they’re fulfilling a legal and moral responsibility.
Consult early and openly. Federal actions affecting tribes must involve candid discussions before decisions are finalized.
Assess impacts on tribal trust resources and rights. Ignoring these impacts is both disrespectful and risky.
Remove procedural barriers. Bureaucracy shouldn’t block meaningful dialogue.
Collaborate across agencies. Tribal concerns rarely fit neatly into one department’s silo.
Tailor federal programs. Cookie-cutter solutions don’t work for sovereign nations with unique contexts.
What This Means in Practice
When I support tribal governments or federal partners, I often see consultation reduced to a checkbox exercise. But meaningful consultation is about relationship-building. It’s about ensuring tribes can evaluate proposals themselves, not after the fact.
For example, I’ve worked with agencies that dramatically improved outcomes simply by inviting tribal leadership into planning sessions months earlier than they used to. That shift—from late-stage notification to early-stage partnership—builds trust and avoids costly conflict.
A Call to Action for Federal Partners
If you’re a federal agency staffer or a contractor supporting one, here’s my challenge: revisit the 1994 memorandum. Ask yourself:
Are your processes truly government-to-government, or are they agency-to-stakeholder?
Are you removing barriers—or unintentionally creating them?
Are your solutions tailored to tribal realities?
Why This Still Matters
Although the memo doesn’t create legal claims or rights of review, it sets a powerful standard. Honoring it is about integrity, accountability, and effective governance. As consultants, tribal leaders, and federal employees, we owe it to future generations to uphold these principles—not just because the memo says so, but because it’s the right way to govern.
Final Thought
The 1994 government-to-government directive isn’t a relic of the past—it’s a living guide. When respected, it transforms consultation from a perfunctory step into a partnership rooted in sovereignty. That’s the standard I hold in my consulting work, and it’s the standard every federal partner should aim for.
You can read the full text of the 1994 Government-to-Government Relations with Native American Tribal Governments memorandum via the U.S. Department of the Interior’s site here.
