Secretarial Order 3206 American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities
and the Endangered Species Act
This Order clarifies responsibilities when actions taken under authority of the Endangered Species Act (Act) may affect Indian lands, tribal trust resources, or the exercise of American Indian tribal rights.
The Order was signed on June 5, 1997 by the Secretaries of the Departments of Interior and Commerce (Departments) and applies to the component agencies, bureaus, and offices of the Departments. It also provides policy to the U.S. Fish and Wildlife Service and the National Marine Fisheries Service concerning implementation of the Order.
All Federal agencies should be aware of their tribal trust responsibilities, their policies regarding tribal consultation, and how implementation of the Order may overlap with their implementation of the Act.