The Impact of Recent Executive Orders on Tribal Governments

Executive Orders (EOs) are legally binding directives issued by the President of the United States to manage operations within the federal government. They are powerful tools for shaping federal policy, enabling the executive branch to swiftly implement or modify national strategies, respond to emergencies, and direct federal agencies without needing congressional approval. Executive Orders can significantly influence tribal governments, mainly because of the unique legal and political relationship between tribal nations and the federal government. These orders can have profound implications—either reinforcing tribal sovereignty and federal trust responsibilities or, in some cases, imposing federal priorities that may conflict with tribal interests. Understanding the impact of Executive Orders is critical for tribal nations to protect their sovereignty, advocate for their communities, and effectively engage with federal agencies. An EO can open new opportunities for funding, support, or partnerships—but it can also impose challenges or limitations. By staying informed, tribal governments can make sure their voices are heard in policy development and implementation and that their legal and cultural priorities are respected. 

Understanding Historical and Recent Executive Orders 

Understanding past and recent Executive Orders is vital for tribal governments because these directives often set long-term precedents and shape the framework of federal-tribal relations. Staying informed about both allows tribal governments to advocate effectively, safeguard their rights, and strategically plan for the future. Key historical Executive Orders include:  

• EO 14112, passed in 2023, reaffirms the federal government’s commitment to honoring tribal sovereignty and directing federal agencies to strengthen nation-to-nation relationships by engaging in meaningful tribal consultation and incorporating tribal input into policymaking processes. 
• In 2000, EO 13175 required federal agencies to consult with tribes on policies that affect them, recognizing the government-to-government relationship.  
• EO 13647, established in 2013, created the White House Council on Native American Affairs to integrate tribal priorities into federal policymaking.  
• In 2019, EO 14898 addressed missing and murdered Indigenous people by establishing a task force to improve investigations and coordination.  

Four Key Executive Orders Enacted and Proposed by the New Administration 

The Trump Administration issued several Executive Orders in the first few months of 2025 that affect tribal governments. Tribal governments must understand shifting orders, compliance requirements, and how to successfully operate under the new EO. Four key orders to be aware of are: 

Rescission of EO 14112 

 The new administration ordered a rescission of the previous administration’s EO 14112, reversing the initiative. This rescission may serve as an obstacle by reintroducing federal constraints that limit tribal autonomy in managing resources and accessing funding. However, it could also present an opportunity for tribes to renegotiate terms with federal agencies, potentially securing more favorable agreements.  

National Energy Emergency Declaration 

The National Energy Emergency Declaration allows the President to implement measures aimed at maintaining the stability and security of the nation’s energy supply. Although details are limited, such declarations typically grant the government expanded authority over energy production and distribution. For tribes rich in energy resources, this declaration could present opportunities for collaboration with the federal government on energy projects, potentially leading to economic development. Conversely, it might also pose obstacles if federal actions under the declaration infringe upon tribal lands and sovereignty. 

Changes to Federal Funding Mechanisms 

Changes to federal funding mechanisms aim to streamline government operations, which may involve restructuring funding allocations and reducing the number of federal entities managing grants and assistance programs. These changes could present obstacles if they result in reduced funding or increased grant competition. However, they may encourage opportunities to engage with new funding structures or collaborate with other entities to access resources.  

Tax Status Clarifications 

 Clarifications regarding the proposed tax status of specific entities and individuals, aim to provide clearer guidelines on tax obligations and benefits. For tribes, this could pertain to income, property, or sales taxation within their jurisdictions, offering either a better understanding of tax-exempt statuses or economic obstacles. 

How Recent Executive Orders Effect Tribal Nations 

The recent Executive Orders reflect a complex and multifaceted approach to tribal sovereignty, with potential consequences for federal disruption and tribal self-determination.   

Effects on Tribal Sovereignty 

Some EOs, particularly those altering federal funding mechanisms or invoking the National Energy Emergency Declaration, may expand federal control over tribal affairs. These actions can limit tribal authority over land, energy resources, and funding by prioritizing federal goals and centralizing decision-making, reducing tribal flexibility and access. Conversely, certain EOs, such as those clarifying tax status, can strengthen tribal autonomy by offering more transparent economic governance and sovereignty guidance. These measures may support self-determination by reducing legal ambiguity and enhancing control over tribal resources. Ultimately, whether these EOs result in increased federal input or enhanced self-determination depends on how they are implemented and the extent to which tribal governments are engaged in the process. 

Recent EOs suggest a shift in federal-tribal collaboration with increased federal control over resources and funding. In response, tribes may need to strengthen advocacy efforts and build coalitions to protect their sovereignty and influence policy outcomes. While some changes may erode tribal authority in the short term, ongoing advocacy, legal action, and strategic negotiation offer pathways for tribes to reinforce their rights over the long term. 

Effects on Federal Funding 

The new administration’s Executive Orders are seemingly reshaping how tribal governments access and manage federal funding. Smaller or under-resourced tribes are particularly vulnerable, as they may be unable to navigate increased administrative demands. 

Core health, education, economic development, housing, and social services programs are significantly impacted. Delayed or restricted funding can jeopardize vital services and force tribes to align with broader, less culturally relevant priorities. The rollback of federal consultation policies limits tribal input in funding decisions, further complicating planning and access to key resources.  

Effects on Tribal Self-Governance 

The recent Executive Orders reflect a shift from meaningful tribal self-governance toward increased federal control. New policies emphasize performance-based funding, increased oversight, and conditions that reduce tribal flexibility. Funds may now be routed through states or third parties, undermining financial autonomy and creating administrative burdens, particularly for smaller tribes. EOs related to energy and land management raise concerns about federal projects moving forward without tribal consent, threatening environmental and jurisdictional sovereignty. 

The rollback of consultation mechanisms and the weakening of nation-to-nation engagement contribute to a broader erosion of practical sovereignty, replacing it with symbolic recognition. Legal ambiguity around jurisdiction, taxation, and regulation further complicates tribal governance, while strained administrative capacity limits tribes’ ability to respond effectively.  

Navigating Executive Orders for Success  

As the full impact of the newly executed or proposed 2025 Executive Orders unfolds, tribal governments face a significant transition—that brings both challenges and opportunities. 

This evolving situation could trigger legal challenges and policy reversals in future administrations, creating ongoing uncertainty. Tribal advocacy is expected to grow, with more legal action, coalition building, and grassroots organizing to defend sovereignty. Going forward, tribal governments will face a less predictable and more performance-driven policy environment, making collaboration key to navigating increased competition and securing resources. 

At EisnerAmper, we understand that navigating these complex federal policies is not just about compliance, it’s about supporting tribal nations to lead with clarity, confidence, and vision. Our relationship-driven approach allows us to create strategic advisory and funding navigation, developing strategies that reinforce sovereignty. With decades of experience, we closely monitor EOs and regulatory changes, delivering tailored analysis and solutions that respect tribal values and community proprieties while helping secure and sustain resources for longevity.  

 Contact us below to learn how we can help you and your community navigate this unforeseen time.