AC 27. 2021
Date: July 1, 2021
Memorandum To Agency Records Officers: New Scheduling Requirement for Tribal Consultation
All records schedules originally certified and submitted on or after August 1, 2021 must be accompanied by additional information regarding Tribal consultations. Each records schedule submitted after this date must include a separate written communication (see below) indicating that the agency has undertaken Tribal consultations where needed as required under Executive Order 13175 Consultation and Coordination with Indian Tribal Governments.
This requirement is not retroactive to schedules certified and submitted to NARA prior to August 1, 2021.
Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments) of November 6, 2000, charges executive departments and agencies with engaging in regular, meaningful, and robust consultation with Tribal officials in the development of Federal policies that have Tribal implications because they have substantial direct effects on one or more Indian Tribes. The Presidential Memorandum Tribal Consultation and Strengthening Nation-to-Nation Relationships of January 26, 2021 reinforces the Administration’s commitment to Tribal interests. NARA fully supports efforts to include Tribal Nations in the development of Federal policies.
NARA requires agencies to complete this consultation prior to submitting schedules. Agencies are in the best position to determine whether a records schedule, as a reflection of agency business practices and processes, has an impact on Tribal interests. Agencies should consult the business units whose records are being scheduled, their designated Tribal Consultation Coordinator, as well as their agency’s General Counsel as needed in making determinations pertaining to Tribal consultations.
Please do not submit schedules prior to undertaking any needed tribal consultation.
To proceed with processing your agency's schedule, NARA requires the following information to be transmitted by the Agency Records Officer separately via email to your assigned appraisal archivist:
- Schedule Number (DAA Number), Schedule Subject Title, Certification Date; and
- A statement that the schedule does not have any Tribal implications per Executive Order 13175; or
- If the agency has determined that the schedule does have tribal implications, indicate the results of the tribal consultation:
- Did the schedule change in a substantive way, and if so, how?
- Were there any outstanding unresolved issues? If so, provide details about the unresolved issues and to which schedule items they pertain.
NARA will contact Agency Records Officers if we have questions regarding the need for Tribal consultation.
Thank you for your assistance in complying with Executive Order 13175 and for ensuring that Tribal interests are properly identified and addressed. If you have questions regarding this new requirement, please contact Margaret Hawkins, Director, Records Management Operations, at margaret.hawkins@nara.gov.
LAURENCE BREWER
Chief Records Officer
for the U.S. Government