Letter to the President From Tribal Organizations: Tribal Funding Is a Legal Obligation, Not Discretionary Spending

On Sunday, Feb. 2, a coalition of 23 Tribal organizations and intertribal councils representing the majority of sovereign American Indian and Alaska Native Tribal Nations formally called on the President, members of Congress, and the Interior Secretary to uphold federal treaty and trust obligations. Their letter urges federal officials to consult with Tribal Nations and protect critical funding following recent executive actions that negatively impact Tribal programs.

At the core of the letter is a reaffirmation that “Tribal Nations are not racial groups but sovereign political entities with a unique legal and political relationship with the United States.” This relationship is rooted in inherent sovereignty, recognized by the U.S. Constitution, and upheld by treaties, federal laws, and court decisions. Thus, the signatories stress that federal funding for Tribal programs is not a discretionary budget item but rather should be understood and acknowledged as a legally mandated obligation owed to Tribal Nations.

Furthermore, the letter raises concerns about the impact of recent executive orders and the rescission of OMB Memorandum M-25-13, which M-25-14 now replaces. The new memorandum shifts decision-making authority to agency general counsels, increasing the risk that Tribal funds could be frozen or restricted under vague interpretations of executive orders. This uncertainty undermines the government’s ability to meet its trust and treaty responsibilities.

The National Congress of American Indians (NCAI) and other Tribal organizations call on the administration to take immediate action, ensuring that executive decisions do not undermine the unique sovereign status of Tribal Nations. Specifically, they demand:

• Clear recognition of Tribal sovereignty in the implementation of all executive orders.
• Agency guidance that protects Tribal programs from unnecessary funding disruption.
• Separation of Tribal programs from diversity, equity, inclusion, and accessibility (DEIA) and environmental justice (EJ) initiatives, emphasizing that Tribal programs are not DEIA or EJ initiatives. It warns that misclassifying these programs would undermine treaty obligations and harm Tribal communities.

Additionally, the organizations stress that reducing the federal workforce must not disrupt Tribal affairs, stating that workforce cuts should not disrupt the government’s ability to manage and administer trust and treaty obligations.

“The U.S. Supreme Court has consistently recognized and upheld the distinct legal and political status of Tribal Nations and their citizens, and the administration is urged to ensure that all agencies continue to engage and consult with Tribal Nations at the government-to-government level.”

To emphasize the urgent concerns, Tribal leaders have extended an invitation to the administration and members of Congress to attend the NCAI Executive Council Winter Session, held Feb. 10-13 in Washington, D.C. This session is a critical moment for lawmakers to hear directly from Tribal leaders about their responsibility to uphold Tribal sovereignty, honor trust obligations, and ensure that treaty rights and funding commitments are fully protected.

Government Response and Call to Action 

In response to reports of Tribal Nations being unable to access different types of funding, the Senate Committee on Indian Affairs has committed to tracking how pauses in federal funding impact Tribal communities. Tribal leaders and organizations experiencing funding disruptions are encouraged to report their issues by contacting the committee at oversight@indian.senate.gov.

To assist with oversight efforts, Tribal representatives should provide the following details:

• Name of the Tribal program. 
• What grant(s)/loan(s)/funding/Tribe program has and tried to access? 
• How much funding was sought during the funding drawdown (Jan. 24 to present)? 
• What was the issue experienced? Is it ongoing currently? 
• When was the last successful fun drawdown (including a date)? 
• What were the impacts of this? Were services stopped, was staffing sent home, etc?