On December 6, 2023, President Biden signed Executive Order (“EO”) 14058, aimed at increasing Tribal access to federally funded benefits and strengthening the relationship between the United States and Tribal Nations. The EO will significantly impact how federal agencies handle and distribute federal funds to Tribes and Tribal Organizations, aiming to bring a highly bureaucratic system into better alignment with the Indian Self-Determination and Educational Assistance Act of 1975, and remedy past policies that threatened Tribal sovereignty and self-governance.

The EO recognizes that “[f]ederal funding and support programs . . . are too often administered in ways that leave Tribal Nations unduly burdened and frustrated with bureaucratic processes” and encapsulates the Biden Administration’s hope to decrease the burden on Tribal Nations in accessing federal funds. The EO envisions increased cooperation and the creation of clear communication channels as crucial to achieving its goals.

In the near term, the EO requires federal entities to continually consult with Tribal leaders in evaluating and identifying areas of reform, setting out the following processes:

First, the Order requires the Director of the federal Office of Management and Budget (“OMB”) and the President’s Domestic Policy Advisor to work with the heads of each White House Council on Native American Affairs (“WHCNAA”) member agency, as well as Tribal leaders, to identify funding gaps within each agency’s current support programs for Tribal Nations. These findings are to be developed into guidance which must be completed by early August 2024. By the end of May 2025, agency heads must, based on that guidance, report to OMB and the President’s Domestic Policy Advisor on funding needed to address these gaps.

From there, the OMB Director and the President’s Domestic Policy Advisor—in consultation with both Tribes and WHCNNA—must recommend steps the federal government can take to resolve identified gaps. These recommendations will then be submitted directly to the President for consideration in the subsequent budget cycle.

The Order further requires the WHCNAA Executive Director to meet annually with representatives from WHCNAA member agencies to track how the recommendations are being implemented and assess the need for any further reforms.

Ultimately, the Order signals the Biden administration’s commitment to making sure its reforms reflect Tribal priorities and goals, in recognition of Tribal Nations’ rights to self-determination and in keeping with the United States’ trust and treaty obligations. With a clear emphasis on Tribal consultation, cooperation, and coordination, the Order is premised on a finding 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. Less red tape and fewer bureaucratic hurdles in the process of accessing much-needed Federal funding will, if completed as envisioned, provide Tribal Nations with increased flexibility to improve economic growth, address the unique community needs, and chart their own futures.