Executive Order on Tribal Relations Foundation

EXECUTIVE ORDER 25-10 A NEW FOUN DA TION FOR W ASHINGTON ST A TE'S GOVERNMENT AL RELA TIONS WITH SOVEREIGN TRIBAL NA TIONS WHEREAS, T ribal Nations have inherent sovere ign rights as the first nations of the United States; and WHEREAS, past and current state and tribal leaders envisioned the need for, and importance of, strong state and tribal relations; and WHEREAS, as recognized by the Centennial Accord and codified by RCW 43.376, the State of W ashington has government- to -government relationships with federally recognized T ribal Nations whose traditional lands and territories include parts of W ashington state; and WHEREAS, with the adoption of the Centennial Accord and the Millenium Agreement, W ashington state and Tribal Nations have committed to respecting the sovereignty of the state and each federally recognized tribe to provide paramount authority for that party to exist and to govern, and have committed to partnering and collaborating on matters of mutual interest; and WHEREAS, W ashington state seeks to honor that responsibility by building relationships with T ribal Nations to ensure mutual respect for the rights, interests, and obligations of eac h sovereign; and WHEREAS, continuous ef forts and initiatives are necessary to support, enhance, and improve communications and the resolution of issues betwe en the tribes and the state as sovereigns, and to uphold and fully implement past agreements; and WHEREAS, best practices for tribal engagement include consulting with T ribal Nations with the intention of receiving free, prior, and informed consent from T ribal Nations prior to taking actions that directly and tangibly af f ect T ribes, trib al lands, or tribal rights, including treaty rights; and WHEREAS, my staff a nd I have had numerous visits and meetings with T ribal Nations during my first few months as Governor, and we have received feedback on actions that the state could take in the short term to improve relations with T ribal Nations, in addition to necessary long-term collaboration and consultation;

2 NOW, THEREFORE, I, Bob Ferguson, Governor of the state of W ashington, by the authority vested in me by the Constitution and the statutes of the state of W ashington, do hereby order and direct the following: 1. Implementing Meaningful Government- to -Government Relationships Fostering meaningful government- to -government relationships between the state and T ribal Nations re quires intentional effor ts to connect, listen, and incorporate feedback, while recognizing that each individual T ribal Nation engages with the state in various ways. All cabinet agencies, including through their tribal liaisons, are hereby directed to take the following measures to improve the state’ s relations with T ribal Nations: a. Proactive Engagement. All cabinet agencies are directed to connect with T ribal Nations on a regular basis to proactively identify and explore opportunities to work in a meaningful, respectful, and collaborative manner, and gain insight into each tribe’ s preference for engaging with the agency. This includes visiting tribal reservations and attending tribal events as appropriate, to engage with tribal leade rs and community members. b. T ribal Con sultation. All cabinet agencies must engage Tribal Na tions early and often during the development and implementation of any of the age ncy’ s policies, programs, or actions that may impact T ribal Nations. Agencies must share relevant information with T ribal Nations in a timely manner and incorporate tribal expertise and input into their decision-making processes where tribal interests are at issue, including consideration of potential means of mitigating impacts of a gency actions, decisions, and policies on tribal interests. Agencies should share information with T ribal Nations regarding agency actions in a manner that ensures a complete understanding of the action, and to provide an opportunity to identify and address any tribal concerns. Consultation is independent of, and in addition to, any gene rally applicable public participation processes required by law, such as public comment processes. Agencies must also work in good faith during the consultation process to identify and address the T ribe’ s concerns, and agencies must provide responses detailing how the agency will respond to tribal feedback and concerns when they are raised. c. Recognition & Incorporation of Indigenous Knowledge. Cabinet agencies that make decisions or set standards based on “best available science ” must account for available and tribally accepted Indigenous Knowledge (IK) in doing so. IK is owned by Indigenous people, and is a system of local and global observations, oral and written knowledge, practices, and beliefs that promote environmental sustainability and the responsible stewardship of natural resources through r elationships between humans and environmental systems. Where appropriate, cabinet agencies should include IK in relevant decision-making, research, policy development, interpre tations, outcomes, finding, and recommendations.

3 d. Supporting W ash ington State Native Artists. C abinet agencies shall, in connection with any programs they may undertake that involve art and culture, identify and foster opportunities to support W ashington State Native art and culture by building relationships and programs with tribal artists enrolled in the federally rec ognized tribes of W ashington and those whose traditional lands and territories include parts of W ashington state. e. T ransp arency & Accountabi lity. Pursuant to the Centennial Accord, cabinet agencies shall provide an annual report regarding their activities involving or impacting T ribal Nations and the implementation of government- to -government relationships. In addition, to ensure their compliance with state law, all cabinet agencies must: i. Review their policies and practice s to ensure the a gency makes reasonable ef forts to collaborate with T ribal Nations in the development of policies, agreements, and program implementation that directly af fect T ribal Nations; ii. Develop a consultation process that is used by the agency for issues involving T ribal Nations; iii. Designate a tribal liaison who reports directly to the agency head; iv. Ensure that their primary tribal liaison is part of the agency leadership team and is consulted in agency decision-making processes; and v. Ensure that their agency head, their executive team members, and their tribal liaisons receive the tribal relations training curre ntly offered by the Governor ’ s Of fice of Indian Affairs (GOIA). Further, tribal liaisons for cabinet agencies shall support their agencies by fulfilling the responsibilities identified in RCW 43.376.030, inc luding by: i. Assisting their agencies in developing and implementing policies that promote ef fective communication and collaboration between the agenc y and tribal governments; ii. Serving as a point of contact with tribal governments and maintaining communication between their agenc y and affected tribal governments; and iii. Coordinating training of their a gency’ s employees in government- to -government relations. Each cabinet agency shall provide a report documenting its progress toward compliance with th is section to the Governor ’ s Office by Ja nuary 31, 2026. 2. Providing T ribal Relations T rainin g for W ashington State Employees Understanding, respecting, and upholding meaningful government- to -government relationships with T ribal Nations require s adequate training. Ef forts to support improved state and tribal relationships must happen on all levels of governme nt. Accordingly, I direct that the following training-related requirements be implemented:

4 a. Required T ribal Relations T rainin g for Gover nor’ s Staff and Cabinet Agency Heads. In accordance with RCW 43.376.020, the Gove rnor ’ s Office of Indian Affairs has produced a training focused on fostering ef f ective communication and collaboration between the state and tribes that has been offe red for over 20 years. The heads of each executive and small cabinet agency, and each of the Governor ’ s policy advisors and executive leadership team members, shall attend this in-person training facilitated by GOIA. b. Required T ribal Relations T rainin g for State Employees. GOIA, in partnership with relevant agencies including DES, OFM State HR, and agency tribal liaisons, shall expand upon RCW 43.376.020 to produc e additional training for state employees. GOIA shall consult with T ribal Nations in the development of the training. The training shall be made available to state employees in an accessible manner, including but not limited to an electronic, digital format to fac ilitate access for state employees. Cabinet agencies will work with GOIA to determine appropriate staf f and timing to receive the training. 3. Developing T ribal Consultation Guidelines State agencies will benefit from clear guidance and understanding of best practice s for tribal consultation. The GOIA Dire ctor shall develop T ribal Consul tation Guidelines to inform and guide agency tribal consultation policies, practice s, and processes. The T ribal Consultation Guidelines must outline the basic tenets and principles of tribal consultation in W ashington state and shall be developed in collaboration with Tribal Na tions and state agency tribal liaisons. GOIA must provide the T ribal Consultatio n Guidelines to state agencies prior to the 2026 Centennial Accord, and must update them on an annual basis, as needed. W ithin one year of the T ribal Consultation Guidelines initially being issued, cabinet agencies must fully incorporate and implement the tenets and principles of tribal consultation therein in their tribal consultation policies and procedures. 4. Responsibilities of the Governor’ s Office of Indian Affairs a. In accordance with Executive Order 80-02, GOIA shall support strong and meaningful relationships with T ribal Nations and e ngage on a regular basis with T ribal Nations in a robust manner. This includes, but is not limited to: i. Regularly convening T ribal Nations and relevant state parties to discuss issues of mutual interest in a timely manner; ii. Following up on commitments made during the annual Centennial Accord meetings; and iii. W orking with state agencies’ tribal liaisons to help build and strengthen relationships between state agenc ies and T ribal Nations.

5 b. GOIA shall also continue to facilitate and convene meetings with tribal leaders annually to implement the Centennial Accord, including developing the annual meeting agenda, identifying joint strategies, outlining tasks, overc oming obstacles, and achieving specific goals. T o improve communication and coordination between GOIA, executive cabinet agencies, and the Governor ’ s Office, the GOI A Dir ector is hereby made a permanent member of the Governor ’ s executive cabinet. The GOIA Director shall continue to regularly engage with leadership teams of state agencies, boards, and commissions. 5. Developing a Governor’ s Office T ribal Consu ltation Policy The GOIA Director and members of the Governor ’ s executive leadership team are directed to work together to develop a T ribal Consultation Poli cy for the Governor’ s Of fice. The Governor ’ s Of fice T ribal Consultation Policy development process must be informed by tribal input provided in a variety of forms, which may include, but may not be limited to, presentations, listening sessions, written comments, and other forms of correspondence with T ribal Nations. 6. Improving State–T ribal Contracting Proc esses The state and tribal governments regularly contract with each other as sovereigns, and the state’ s processes for contracting with T ribal Nations need improvement. GOIA, in collaboration with relevant cabinet agencies and in consultation with the Attorney General’ s Office, shall convene discussions with representatives of T ribal Nation s to identify best practices and areas of opportunity for improving state-tribal contracting processes. By October 1, 2026, GOIA shall provide a report to the Governor ’ s Offic e identifying recommendations and best practices to improve state contracting proce sses with T ribal Nations. 7. Prote cting Sensitive Information in Government- to -Government Engagements T ribal Nations and their communities steward critical knowledge that has been passed down for generations. The importance of Indigenous Knowledge (IK) has long been acknowledged by the federal government, and should also be rec ognized and included in state agency decision-making, research, and policies. T o foster an environm ent in which T ribal Nations and c ommunities are supported in providing IK, cabinet agencies must develop appropriate mechanisms for the handling of IK, which is sensitive information critical to T ribal Nations, their culture, and their rights. Shortcomings in data security can hinder government- to -government relationships and process es. T o strengthen communications with T ribal Nations as sovereign nations, GOIA is directed to convene T ri bal Nations, relevant cabinet agencies, and other appropriate

6 parties to identify ways in which the state and tribes can collaborate on opportunities to support the protection of sensitive tribal information exchanged in government- to - government interactions. By October 1, 2026, GOIA shall provide a report to the Governor ’ s Offic e with recommendations for improvements to existing policies or prac tices for protecting IK and other sensitive T ribal Nation i nformation. This Executive Order shall be implemented consistent with applicable la w. Provisions of this Order are not intended to alter any e xisting collective barga ining agreements. This Orde r is not intended to confer and does not confer any legal right or entitlement and shall not be used as a basis for legal challenges to any rule or any other action or inaction of the governmental entities and employees subject to it. I invite other statewide elected of ficials, institutions of higher e ducation, agencies of the judiciary, agencies of the Legislature, and independent boards and commissions to follow the provisions and intent of this executive order. This Order shall take ef fect immediately. Signed and sealed with the of ficial seal of the state of W ashington on this 22nd day of October, AD, T wo Thousand and T wenty-Five, at Ridgefield, W ashington. By: /s/ Bob Fer guson Governor BY THE GOVERNOR: /s/ Secretary of State