Presidential DocumentExecutive Order 141122023-27318
Reforming Federal Funding and Support for Tribal Nations To Better Embrace Our Trust Responsibilities and Promote the Next Era of Tribal Self-Determination
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Published
December 11, 2023
Signed
December 6, 2023
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 88 Issue 236 (Monday, December 11, 2023)</title>
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[Federal Register Volume 88, Number 236 (Monday, December 11, 2023)]
[Presidential Documents]
[Pages 86021-86025]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27318]
[[Page 86019]]
Vol. 88
Monday,
No. 236
December 11, 2023
Part II
The President
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Executive Order 14112--Reforming Federal Funding and Support for Tribal
Nations To Better Embrace Our Trust Responsibilities and Promote the
Next Era of Tribal Self-Determination
Presidential Documents
Federal Register / Vol. 88 , No. 236 / Monday, December 11, 2023 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 86021]]
Executive Order 14112 of December 6, 2023
Reforming Federal Funding and Support for Tribal
Nations To Better Embrace Our Trust Responsibilities
and Promote the Next Era of Tribal Self-Determination
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
Section 1. Policy. My Administration is committed to
protecting and supporting Tribal sovereignty and self-
determination, and to honoring our trust and treaty
obligations to Tribal Nations. We recognize the right
of Tribal Nations to self-determination, and that
Federal support for Tribal self-determination has been
the most effective policy for the economic growth of
Tribal Nations and the economic well-being of Tribal
citizens. Federal policies of past eras, including
termination, relocation, and assimilation, collectively
represented attacks on Tribal sovereignty and did
lasting damage to Tribal communities, Tribal economies,
and the institutions of Tribal governance. By contrast,
the self-determination policies of the last 50 years--
whereby the Federal Government has worked with Tribal
Nations to promote and support Tribal self-governance
and the growth of Tribal institutions--have revitalized
Tribal economies, rebuilt Tribal governments, and begun
to heal the relationship between Tribal Nations and the
United States.
Despite the progress of the last 50 years, Federal
funding and support programs that are the backbone of
Federal support for Tribal self-determination are too
often administered in ways that leave Tribal Nations
unduly burdened and frustrated with bureaucratic
processes. The Federal funding that Tribal Nations rely
on comes from myriad sources across the Federal
Government, often with varying and complex application
and reporting processes. While Tribal Nations continue
to rebuild, grow, and thrive, some Tribal Nations do
not have the capacity and resources they need to access
Federal funds--and even for those that do, having to
repeatedly navigate Federal processes often
unnecessarily drains those resources.
My Administration has taken steps to meaningfully
reform existing Federal processes for Tribal Nations.
Executive Order 14058 of December 13, 2021
(Transforming Federal Customer Experience and Service
Delivery to Rebuild Trust in Government), directed
executive departments and agencies (agencies) to reduce
administrative burdens and improve efficiency in
public-facing and internal Federal processes, while the
Presidential Memorandum of January 26, 2021 (Tribal
Consultation and Strengthening Nation-to-Nation
Relationships), and the Presidential Memorandum of
November 30, 2022 (Uniform Standards for Tribal
Consultation), reiterated our commitment to, and
established uniform standards for, Tribal consultation.
These previous actions have laid an important
foundation for the policies and procedures set forth in
this order.
Now is the time to build upon this foundation by
ushering in the next era of self-determination policies
and our unique Nation-to-Nation relationships, during
which we will better acknowledge and engage with Tribal
Nations as respected and vital self-governing
sovereigns. As we continue to support Tribal Nations,
we must respect their sovereignty by better ensuring
that they are able to make their own decisions about
where and how to meet the needs of their communities.
No less than for any other sovereign, Tribal self-
governance is about the fundamental right of a people
to determine their own destiny and to prosper and
flourish on their own terms.
[[Page 86022]]
This order solidifies my Administration's commitment to
this next era of Tribal self-determination policies
that are rooted in prioritizing partnerships with
Tribal leaders, respect for Tribal sovereignty, trust
in Tribal priorities, and dignity for Tribal Nations.
In keeping with our trust and treaty obligations to
Tribal Nations, and our commitment to advancing Tribal
sovereignty, it is the policy of the United States to
design and administer Federal funding and support
programs for Tribal Nations, consistent with applicable
law and to the extent practicable, in a manner that
better recognizes and supports Tribal sovereignty and
self-determination. To realize this policy, the Federal
Government must improve how it approaches the work of
administering Tribal programs and supporting Tribal
communities.
We must ensure that Federal programs, to the maximum
extent possible and practicable under Federal law,
provide Tribal Nations with the flexibility to improve
economic growth, address the specific needs of their
communities, and realize their vision for their future.
We must improve our Nation-to-Nation relationships by
reducing administrative burdens and by administering
funding in a manner that provides Tribal Nations with
the greatest possible autonomy to address the specific
needs of their people. We must make it easier for
Tribal Nations to access the Federal funding and
resources for which they are eligible and that they
need to help grow their economies and provide their
citizens with vital and innovative services. We must
promote partnerships with Tribal Nations, recognizing
that they bring invaluable expertise on countless
matters from how to more effectively meet the needs of
their citizens to how to steward their ancestral
homelands. We must promote effective consideration of
the unique needs of Tribal Nations from the very
beginning of our design, update, or review of processes
and throughout every step of administering Federal
funding and support programs. We must implement laws,
policies, and programs in ways that allow Tribal
Nations to take ownership of resources and services for
their communities. We need to identify any statutory
and regulatory changes that are necessary or may be
helpful to ensure that Federal funding and support
programs effectively address the needs of Tribal
Nations, and recommend legislative changes, where
appropriate. Finally, we must, through Tribal
consultation, continually improve our understanding of
the funding and programmatic needs of Tribal Nations.
The foregoing is not only good policy, but is also
consistent with our commitment to fulfilling the United
States' unique trust responsibility to Tribal Nations
and the deep respect we have for Tribal Nations.
Sec. 2. Definitions. For purposes of this order:
(a) The term ``agency'' means any authority of the
United States that is an ``agency'' under 44 U.S.C.
3502(1), other than those considered to be independent
regulatory agencies, as defined in 44 U.S.C. 3502(5).
(b) The term ``Federal funding and support programs
for Tribal Nations'' includes funding, programs,
technical assistance, loans, grants, or other financial
support or direct services that the Federal Government
provides to Tribal Nations or Indians because of their
status as Indians. It also includes actions or programs
that do not exclusively serve Tribes, but for which
Tribal Nations are eligible along with non-Tribal
entities. It does not include programs for which both
Indians and non-Indians are eligible.
(c) The terms ``Tribes'' and ``Tribal Nations''
mean any Indian tribe, band, nation, or other organized
group or community considered an ``Indian Tribe'' under
section 4 of the Indian Self-Determination and
Education Assistance Act, 25 U.S.C. 5304.
Sec. 3. Agency Coordination on Better Supporting Tribal
Nations and Identifying Opportunities for Reform.
Agencies shall work with the White House Council on
Native American Affairs (WHCNAA) to coordinate
implementation of this order, share leading practices,
and identify potential opportunities for Federal policy
reforms that would promote accessible, equitable, and
flexible administration of Federal funding and support
programs for Tribal
[[Page 86023]]
Nations. The WHCNAA shall assist agencies in
coordinating the Tribal consultations required by
section 4 of this order to minimize the burden on
Tribal Nations in participating.
Sec. 4. Embracing Our Trust Responsibilities by
Assessing Unmet Federal Obligations to Support Tribal
Nations. The Director of the Office of Management and
Budget (OMB) and the Assistant to the President and
Domestic Policy Advisor (Domestic Policy Advisor) shall
lead an effort, in collaboration with WHCNAA, to
identify chronic shortfalls in Federal funding and
support programs for Tribal Nations, and shall submit
recommendations to the President describing the
additional funding and programming necessary to better
live up to the Federal Government's trust
responsibilities and help address the needs of all
Tribal Nations, as follows:
(a) Within 240 days of the date of this order, the
Director of OMB and the Domestic Policy Advisor shall,
in consultation with the head of each agency that is a
member of WHCNAA, and in consultation with Tribal
leaders or their designees, develop guidance for
assessing the additional funding each agency needs for
its existing Federal funding and support programs for
Tribal Nations to better live up to the Federal
Government's trust responsibilities and help address
the needs of all Tribal Nations.
(b) Within 540 days of the date of this order, the
head of each agency that is a member of WHCNAA shall
consult the guidance developed under subsection (a) of
this section and submit a report to the Director of OMB
and the Domestic Policy Advisor that identifies the
funding needed for each agency's existing Federal
funding and support programs for Tribal Nations to
better live up to the Federal Government's trust
responsibilities and help address the needs of Tribal
Nations in the agency's areas of responsibility.
(c) The Director of OMB and the Domestic Policy
Advisor shall develop, based on the agency reports
provided under subsection (b) of this section and in
consultation with Tribes and WHCNAA, recommendations
for the Federal Government to take steps toward better
living up to its trust responsibilities and helping
address the needs of all Tribal Nations. These
recommendations should identify any budgetary,
statutory, regulatory, or other changes that may be
necessary to ensure that Federal laws, policies,
practices, and programs support Tribal Nations more
effectively. These recommendations shall be submitted
to the President, and shall be considered by agencies
and OMB in developing the President's Budget beginning
with the next regular President's Budget development
cycle.
(d) After submission of the reports and
recommendations described in subsections (b) and (c) of
this section, the Executive Director of WHCNAA shall
annually convene appropriate representatives of WHCNAA
member agencies to share best practices, track progress
on implementing the recommendations, and evaluate the
need for reassessment of funding.
(e) Following submission of the recommendations
described in subsection (c) of this section, WHCNAA
member agencies shall report annually to the Director
of OMB on progress made in response to such
recommendations. The Director of OMB shall provide a
summary of agencies' progress and any new
recommendations to Tribal leaders at the annual White
House Tribal Nations Summit.
Sec. 5. Agency Actions to Increase the Accessibility,
Equity, Flexibility, and Utility of Federal Funding and
Support Programs for Tribal Nations. Agency heads shall
take the following actions to increase the
accessibility, equity, flexibility, and utility of
Federal funding and support programs for Tribal
Nations, while increasing the transparency and
efficiency of Federal funding processes to better live
up to the Federal Government's trust responsibilities
and support Tribal self-determination:
(a) Agencies shall design, revise, provide waivers
for, and otherwise administer Federal funding and
support programs for Tribal Nations to achieve the
following objectives, to the maximum extent practicable
and consistent with applicable law:
[[Page 86024]]
(i) promote compacting, contracting, co-management, co-stewardship, and
other agreements with Tribal Nations that allow them to partner with the
Federal Government to administer Federal programs and services;
(ii) identify funding programs that may allow for Tribal set-asides or
other similar resource or benefits prioritization measures and, where
appropriate, establish Tribal set-asides or prioritization measures that
meet the needs of Tribal Nations;
(iii) design application and reporting criteria and processes in ways that
reduce administrative burdens, including by consolidating and streamlining
such criteria and processes within individual agencies;
(iv) take into account the unique needs, limited capacity, or significant
barriers faced by Tribal Nations by providing reasonable and appropriate
exceptions or accommodations where necessary;
(v) increase the flexibility of Federal funding for Tribal Nations by
removing, where feasible, unnecessary limitations on Tribal spending,
including by maximizing the portion of Federal funding that can be used for
training, administrative costs, and additional personnel;
(vi) improve accessibility by identifying matching or cost-sharing
requirements that may unduly reduce the ability of Tribal Nations to access
resources and removing those burdens where appropriate;
(vii) respect Tribal data sovereignty and recognize the importance of
Indigenous Knowledge by, when appropriate and permitted by statute,
allowing Tribal Nations to use self-certified data and avoiding the
establishment of processes that require Tribal Nations to apply to, or
obtain permission from, State or local governments to access Federal
funding or to be part of a Federal program;
(viii) provide Tribal Nations with the flexibility to apply for Federal
funding and support programs through inter-Tribal consortia or other
entities while requiring non-Tribal entities that apply for Federal funding
on behalf of, or to directly benefit, Tribal Nations to include proof of
Tribal consent; and
(ix) provide ongoing outreach and technical assistance to Tribal Nations
throughout the application and implementation process while continually
improving agencies' understanding of Tribal Nations' unique needs through
Tribal consultation and meaningful partnerships.
(b) Agencies, in coordination with OMB and
consistent with applicable law, should assess Tribal
Nations' access to competitive grant funding by
tracking applications from Tribal Nations to
competitive grant programs and their funding award
success rate.
(c) Agencies should proactively and systematically
identify and address, where possible, any additional
undue burdens not discussed in this order that Tribal
Nations face in accessing or effectively using Federal
funding and support programs for Tribal Nations and
their root causes, including those causes that are
regulatory, technological, or process-based.
(d) Agencies' implementation efforts shall
appropriately maintain or enhance protections afforded
under existing Federal law and policy, including those
related to treaty rights and trust obligations, Tribal
sovereignty and jurisdiction, civil rights, civil
liberties, privacy, confidentiality, Indigenous
Knowledge, and information access and security.
(e) The WHCNAA, with support from the Secretary of
the Interior as appropriate, shall ensure that Tribal
Nations can easily identify in one location all sources
of Federal funding and support programs for Tribal
Nations, and all agencies that provide such funding
shall coordinate with the Secretary of the Interior or
the Secretary's designee to compile and regularly
update the necessary information to support this
resource.
(f) Agencies shall identify opportunities, as
appropriate and consistent with applicable law, to
modify their respective regulations, internal and
[[Page 86025]]
public-facing guidance, internal budget development
processes, and policies to include responsiveness to
and support for the needs of Tribal Nations as part of
their respective agencies' missions.
(g) Agencies shall issue internal guidance or
directives, and provide additional staff training or
support, as needed and as appropriate and consistent
with applicable law, to promote the implementation of
the leading practices identified in this section and
their integration into agencies' processes for
developing policies and programs.
Sec. 6. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) Agencies not covered by section 2(a) of this
order, including independent agencies, are strongly
encouraged to comply with the provisions of this order.
(d) This order is not intended to, and does not,
create any right, benefit, or trust responsibility,
substantive or procedural, enforceable at law or in
equity by any party against the United States, its
departments, agencies, or entities, its officers,
employees, or agents, or any other person.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
December 6, 2023.
[FR Doc. 2023-27318
Filed 12-8-23; 11:15 am]
Billing code 3395-F4-P
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</html>Indexed from Federal Register on December 11, 2023.
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