On March 14, the Trump administration issued an executive order titled “Additional Rescissions of Harmful Executive Orders and Actions,” which rescinded 18 previous executive orders and other presidential actions, on topics ranging from microchips to trade apprenticeships. The Rescission Order took these actions to “restore common sense to the Federal Government and unleash the potential of American Citizens.”

Among the rescinded executive orders was EO 14112, “Reforming Federal Funding and Support for Tribal Nations to Better Embrace Our Trust Responsibilities and Promote the Next Era of Tribal Self-Determination,” issued by President Biden in December 2023. EO 14112 recognized the ongoing issues that tribes face in accessing federal funding. Its objective was to ease such difficulties. EO 14112 declared it was time to “usher[] in the next era of self-determination policies” and further the “unique Nation-to-Nation relationships” between the United States and tribes, “mak[ing] 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.”

Harvard Law School’s Environmental and Energy Law Program tracked agency actions taken under EO 14112. Notable actions on the list included spending $5.9 million in cooperative agreements to provide health care for uninsured American Indian and Alaska Native children; launching the Native Collective Effort to Enhance Wellness, a program designed to address mental health and substance use issues; the provision of $86 million for Alaska Small Business funding; and the implementation of copayment exemptions for American Indian and Alaska Native Veterans. The Harvard Law School list contains hundreds of other actions and opportunities for Tribal Nations that were executed or provided as a direct result of EO 14112.

Along with other actions, EO 14112 called for the creation of a ‎single location where tribes could search for federal funding opportunities. This ‎directive prompted the Department of the Interior’s Indian Affairs Division to ‎create the “Access to Capital Clearinghouse.” The Rescission Order does not undo or cancel any current funding or programs, so the Clearinghouse is still active, but the ‎rescission of EO 14112 may block the development of further such initiatives. ‎Additional executive orders may cut funds available for tribes, ‎in spite of the federal government’s trust obligation to them.

Bryan Newland, former assistant secretary of the Department of the Interior for Indian Affairs, stated that EO 14112 “made the government more efficient for Indian People.” Under the current presidential administration, which prides itself on “efficiency,” EO 14112’s rescission will likely have the reverse effect on tribes by creating barriers and blocking access to federal funding.

This article summarizes aspects of the law and does not constitute legal advice. For legal advice with regard to your situation, you should contact an attorney.