Executive Order 14112 · Signed Dec 6, 2023

88 FR 86021 · Published Dec 11, 2023 · Effective on signing

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Reforming Federal Funding and Support for Tribal Nations To Better Embrace Our Trust Responsibilities and Promote the Next Era of Tribal Self-Determination

Tribal sovereigntyfederal-tribal relationsNative American policyfederal grants and fundingtrust responsibilities

Signed by President Joseph R. Biden Jr.

Directs all federal agencies to redesign how they fund and support Tribal Nations — reducing bureaucratic burdens, increasing program flexibility, and creating a formal process to identify chronic shortfalls in fulfilling federal trust responsibilities.

Establishes a multi-year assessment and reporting cycle aimed at closing gaps between what the federal government owes Tribal Nations under its trust obligations and what it currently delivers, with recommendations feeding into future presidential budget requests.

What this order does

What it orders

The order directs federal agencies to reform how they administer funding and support programs for Tribal Nations by streamlining application and reporting processes, increasing spending flexibility, removing unnecessary matching requirements, respecting Tribal data sovereignty, and promoting compacting and co-management agreements. It requires agencies to issue internal guidance, train staff, and identify regulatory and policy changes needed to better serve Tribal Nations. It also directs the Secretary of the Interior to create a single, consolidated resource listing all federal funding programs available to Tribes.

It establishes a structured assessment process led by the OMB Director and the Domestic Policy Advisor: first, guidance is developed for measuring funding shortfalls; then each agency in the White House Council on Native American Affairs submits a report on its unmet obligations; and finally, recommendations are submitted to the President for consideration in the next budget cycle. Annual progress reporting to Tribal leaders at the White House Tribal Nations Summit is also required. The order does not itself change any specific funding levels, statutes, or regulations — those changes depend on the future reports and recommendations it sets in motion.

Who it affects

Federally recognized Tribal Nations and their citizens seeking access to federal grants, loans, technical assistance, and direct services. Federal agencies across the executive branch — especially those that are members of the White House Council on Native American Affairs — are directed to redesign program administration and internal processes.

Why it matters

Tribal Nations that have struggled with complex, duplicative, or inflexible federal funding processes may find those burdens reduced over time. The formal shortfall-assessment cycle creates a structured mechanism to surface unmet trust obligations and route them into presidential budget decisions — giving Tribes a documented channel to press for increased federal investment.

What must happen and when

How the order is supposed to work

Implementation flows in stages: agencies work through the White House Council on Native American Affairs (WHCNAA) to share practices and coordinate Tribal consultations. OMB and the Domestic Policy Advisor first issue assessment guidance (within 240 days), then WHCNAA member agencies submit funding-gap reports (within 540 days), and OMB synthesizes those into presidential recommendations that feed the next budget cycle. Annually thereafter, agencies report progress to OMB, and OMB briefs Tribal leaders at the White House Tribal Nations Summit. Enforcement relies on internal reporting chains rather than external legal penalties; Section 6 explicitly states the order creates no enforceable rights.

Actions and deadlines

  • Develop guidance for assessing additional funding each WHCNAA agency needs for Tribal programsWithin 240 days of signing
  • Each WHCNAA member agency submits report identifying funding needed to meet trust responsibilitiesWithin 540 days of signing
  • OMB Director and Domestic Policy Advisor develop and submit funding and policy recommendations to the PresidentNo deadline specified
  • WHCNAA Executive Director annually convenes member agency representatives to share best practices and track progressNo deadline specified
  • WHCNAA member agencies report annually to OMB Director on progress implementing recommendationsNo deadline specified
  • OMB Director provides annual progress summary and new recommendations to Tribal leaders at White House Tribal Nations SummitNo deadline specified
  • Create a single consolidated resource identifying all federal funding sources available to Tribal NationsNo deadline specified
  • Agencies issue internal guidance and provide staff training to implement leading practices in this orderNo deadline specified

Agencies directed to act

Office of Management and BudgetWhite House Council on Native American AffairsDepartment of the Interior

Authority and reach

Authorities cited

Article II

Constitutional grant of executive power to the President.

Executive Order

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