A/HRC/36/46/Add.1 taken to guarantee the right of access to justice and effective remedies for all indigenous women victims of violence. 8. The Human Rights Committee 3 recommended that measures be adopted to effectively protect indigenous sacred areas against desecration, contamination and destruction and that consultations be held with a view to obtaining the free, prior and informed consent of indigenous peoples for proposed project activities. 9. During the universal periodic review 4 in 2015, the United States accepted the recommendations regarding the full implementation of the United Nations Declaration on the Rights of Indigenous Peoples, continued attention to violence against indigenous women, respect and consultation with indigenous peoples to support their rights to traditionally owned lands and resources, adoption of measures to effectively protect sacred areas against environmental exploitation and degradation, corrective action and compensation relating to historical injustice and continued efforts in the education of American Indian students. 10. The United States has recognized the sovereignty of Indian tribes under its protection5 and 567 Indian entities with acknowledged “immunities and privileges available to federally recognized Indian Tribes by virtue of their government-to-government relationship with the United States”6 which are eligible to receive services from the Bureau of Indian Affairs. The Consitution of the United States states that Congress shall have the power to regulate commerce with the Indian tribes 7 and, with respect to the apportionment of taxes 8 and representatives 9 among States, excludes Indians who are not taxed. The United States has a trust responsibility vis-à-vis Indians based on commitments made in treaties and agreements that have established enduring and enforceable federal obligations, under which Indian tribes surrendered claims to vast amounts of land to the benefit of the people of the United States. 11. The Department of the Interior Bureau of Indian Affairs provides services directly or through contracts, grants or compacts to approximately 1.9 million Indians and Alaska Natives in the 567 federally recognized tribes. Given the current protection framework, the Special Rapporteur was concerned about the drastic reduction in the Department budget by $1.6 billion annually and in the Environmental Protection Agency budget by $2.5 million. She recommends that the current administration strongly reconsider those budget cuts which would greatly impact the living standards of indigenous peoples. 12. Engagement with indigenous communities in the United States in the context of energy development and infrastructure projects are governed by various domestic statutes, orders, regulations, policies and protocols, each of which must be consulted individually and collectively to determine any specific procedures on how federal departments and agencies should conduct “government-to-government” consultations with Indian tribes. The order that provides the most direct guidance on consultation with Indian tribes is Executive Order 13175 of 9 November 2000. It requires federal agencies to adhere to three policymaking criteria, to the extent permitted by law, including, where possible, deferring to Indian tribes to establish standards. There should also be “an accountable process to ensure meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” 13. Since the issuance of the order, the Government of the United States has taken a number of steps to strengthen its consultation regime to ensure the protection of indigenous rights. In 2009, a Presidential memorandum was issued to enhance meaningful dialogue 3 4 5 6 7 8 9 4 CCPR/C/USA/CO/4. A/HRC/16/11 and Add.1. United States of America, Executive Order 13175 on consultation and coordination with Indian tribal governments, Federal Register, vol. 65, No. 218 (9 November 2000). United States of America, Federal Register, vol. 82, No. 10 (17 January 2017), p. 4915; also 25 U.S.C., sect. 5130 (2). United States of America, Constitution, art. I, sect. 8 (3). Ibid., art. I, sect. 3. Ibid., amendment 14 (2).