Reforming Federal Funding and Support for Tribal Nations To Better Embrace Our Trust Responsibilities and Promote the Next Era of Tribal Self-Determination, 86021-86025 [2023-27318]

Agencies

• Executive Office of the President

[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 [www.gpo.gov]
[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:

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(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

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                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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    December 6, 2023.

[FR Doc. 2023-27318
Filed 12-8-23; 11:15 am]
Billing code 3395-F4-P