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Heinrich Joins Bicameral Push Urging Trump Administration to Reinstate Executive Order Supporting Tribal Self-Determination

WASHINGTON – U.S. Senator Martin Heinrich (D-N.M.) joined U.S. Representative Teresa Leger Fernández (D-N.M.) and the New Mexico Congressional Delegation in sending a letter to President Trump urging him to reinstate Biden-era Executive Order 14112, titled “Reforming Federal Funding and Support for Tribal Nations to Better Embrace Our Trust Responsibilities and Promote the Next Era of Tribal Self-Determination.”

President Trump’s decision to revoke the Executive Order reversed a significant policy designed to empower Tribal Nations by improving their access to federal funding and reducing bureaucratic hurdles. Signed by President Biden in 2023, the order aimed to reduce government interference on Tribal funding, and to make sure federal agencies meet their legal obligations for tribes.

The order had tangible positive impacts, including facilitating federal support for tribal emergency response efforts and funding critical infrastructure projects such as fisheries management and broadband connectivity. It also established the Tribal Access to Capital Clearinghouse, a centralized hub for Native businesses to navigate federal funding opportunities. Its revocation creates uncertainty for Tribal Nations, potentially reinstating restrictive barriers to funding and creating instability in federally supported tribal programs.

The letter pointed to key provisions of the rescinded executive order that aligned with the administration’s stated goals, including increasing “accessibility, flexibility, and utility of Federal funding and programs for Tribal Nations, while increasing the transparency, and efficiency of Federal funding processes.” The lawmakers warned that removing these provisions will exacerbate challenges that already hinder Tribal Nations’ ability to meet their communities’ needs.

“Too often, federal funding processes impose unnecessary barriers for Tribal Nations, including restrictive limitations and burdensome reporting requirements,” the lawmakers wrote. “Without the coordination and efficiency processes established under the Tribal Self-Determination EO, these challenges will only grow, creating uncertainty and instability that directly undermines tribal self-determination.”

The lawmakers called on the administration to immediately reinstate Executive Order 14112 and engage in meaningful consultation with Tribal Nations moving forward.

“We urge you to restore [the Biden-era executive order] and work directly with Tribal Nations, Congress, and your federal agencies to ensure Tribal Nations are able to exercise their sovereignty and more efficiently access federal support,” the letter concluded.

The full text of the letter can be found HERE and below:

Dear President Trump: 

We write to request your reconsideration of your recent decision1 to rescind 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” (Tribal Self-Determination EO). The Tribal Self Determination EO was designed to improve the efficiency and coordination of federal funding and demonstrate the Federal Government’s commitment to upholding its treaty and trust obligations to Tribal Nations. Because the Tribal Self-Determination EO is intended to improve efficiency, coordination, and respect for Native American Tribes, we believe it is a policy position that your administration and all subsequent administrations would favor. 

Tribal Nations have a legal, government-to-government relationship with the United States. The inherent sovereignty of Tribal Nations is recognized in the U.S. Constitution, in treaties, and across many federal laws and policies. It is important that your administration not include Tribes in any efforts to target diversity, equity, and inclusion programs. Tribal Nations have legal status as a political, not racial class and the United States has a trust responsibility to them.

Section five of the Tribal Self-Determination EO directed agencies to increase the accessibility, flexibility, and utility of Federal funding and programs for Tribal Nations, while increasing the transparency and efficiency of Federal funding processes. This aligns closely with the administration’s stated goals to maximize governmental efficiency and productivity. Too often, federal funding processes impose unnecessary barriers for Tribal Nations, including restrictive limitations and burdensome reporting requirements that hinder Tribal Nations from meeting their communities’ needs. Without the coordination and efficiency processes established under the Tribal Self-Determination EO, these challenges will only grow, creating uncertainty and instability that directly undermines tribal self-determination. 

We request an explanation of why the Tribal Self-Determination EO was rescinded, and whether any Tribal Nations were consulted prior to its rescission. We urge you to restore Executive Order 14112 and work directly with Tribal Nations, Congress, and your federal agencies to ensure Tribal Nations are able to exercise their sovereignty and more efficiently access federal support.

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