Reforming Federal Funding and Support for Tribal Nations To Better Embrace Our Trust Responsibilities and Promote the Next Era of Tribal Self-Determination
Executive Order 14112, issued December 6, 2023, directs federal agencies to reform how they fund and support Tribal Nations, with the goal of better honoring the U.S. trust and treaty obligations and advancing a new era of Tribal self-determination. The order emphasizes greater Tribal sovereignty, partnership with Tribal leaders, and reducing bureaucratic burdens that hinder access to Federal funds and services. It requires interagency coordination, a systematic assessment of unmet funding needs, and concrete steps to make funding programs more flexible, accessible, and respectful of Tribal data sovereignty and Indigenous knowledge. Key elements include: (1) a coordinated, time-bound effort to identify funding gaps and recommend changes to policy, regulation, and budget; (2) instructions for agencies to improve program design to reduce burdens, create Tribal set-asides, and allow tribal-led administration or co-management of programs where feasible; (3) a framework for annual reporting, tracking of Tribal grant applications, and ongoing Tribal consultation; and (4) protections for existing laws and rights, with implementation subject to appropriations and not creating new rights.
Key Points
- 1Interagency coordination and leadership: The White House Council on Native American Affairs (WHCNAA) will coordinate implementation, share best practices, and help minimize Tribal burden during consultations. Agencies must work with WHCNAA and the White House to align efforts across the federal government.
- 2Unmet obligations assessment and funding recommendations: The Executive Branch will identify chronic shortfalls in Federal funding and support for Tribal Nations. Within 240 days, OMB and the Domestic Policy Advisor must develop guidance to assess agency funding needs; within 540 days, agencies must report back with identified funding needs. OMB and the Domestic Policy Advisor will then issue recommendations to the President, with ongoing consideration in subsequent budget cycles.
- 3Actionable reforms to improve access and flexibility: Agencies must redesign funding programs to be more accessible and flexible for Tribes, including:
- 4- Encouraging partnerships with Tribal nations (compact, co-management, and other collaborative models).
- 5- Exploring Tribal set-asides and prioritization where appropriate.
- 6- Reducing application and reporting burdens by consolidating processes.
- 7- Providing exceptions or accommodations for Tribes with limited capacity.
- 8- Increasing allowable use of funds (e.g., training, administration, personnel).
- 9- Removing or relaxing matching requirements that impede access.
- 10- Respecting Tribal data sovereignty and Indigenous Knowledge (e.g., allowing self-certified data when appropriate).
- 11- Allowing Tribal Nations to apply via inter-Tribal consortia while requiring Tribal consent for non-Tribal applicants acting on behalf of Tribes.
- 12- Maintaining ongoing outreach and technical assistance, and ensuring Tribal consultation throughout program design and implementation.
- 13Transparency and accountability: Agencies must improve visibility of funding sources for Tribes (a centralized resource), track competitive grant applications and success rates for Tribal Nations, identify remaining burdens, and report progress annually to the OMB. WHCNAA will review progress and report to Tribal leaders at the White House Tribal Nations Summit.
- 14Legal and funding constraints: The order emphasizes compliance with existing law and the availability of appropriations. It clarifies that independent agencies are strongly encouraged to comply, but does not create new rights or entitlements.