Tribal Consultation

Seal for the Department of Education, a circle with a tree growing and the sun in the background

Tribal Consultation on

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

August 20, 2024

2:30–5:30 p.m. ET

Dear Tribal Leader,

On August 20, 2024, from 2:30-5:30 p.m. ET, the U.S. Department of Education (ED) will conduct a Tribal Consultation on implementing the Executive Order 14112 (EO). The purpose of this consultation will be to receive meaningful input from American Indian and Alaska Native communities to ensure that your views inform how the Department may increase the flexibility of funding, remove barriers and limitations, and reduce administrative burdens to the maximum extent practicable and consistent with applicable law. This consultation advances the Department’s commitment to uphold the federal trust responsibility as described in Executive Order 13175 – Consultation and Coordination with Indian Tribal Governments and 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.

The consultation will be conducted by the Office of Indian Education and facilitated by the White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Native Americans and Strengthening Tribal Colleges and Universities.

Venue: ZoomGov
Date: August 20, 2024
Time: 2:30-5:30 p.m. ET
Register for the Tribal Consultation

Click the link above or copy the URL below into your browser and press enter:
https://www.zoomgov.com/meeting/register/vJIsf-CtrDMvHAxH9-56g26ZzS7Blytyy_Q#/registration

Please follow the registration link above to participate in the consultation. To maintain online security, each attendee must register individually, and registration cannot be transferred to or used by others. Once you have completed registration, you will receive an individualized access link for the session with additional information.

Written Comment Period

Written public comments for both topics will only be collected through the TribalConsultation@ed.gov email address. The comment period is now open, and all comments must be received by 11:59 p.m. ET on September 19, 2024. The Department of Education remains steadfast in its commitment to honor the nation-to-nation relationship and advance Tribal sovereignty and self-determination.

A Tribal government may designate information provided during the consultation as “sensitive” and request non-disclosure of the information to the public. Certain federal laws, including the Freedom of Information Act, may require disclosure of information designated sensitive by a Tribal government. Questions about this notice can be sent to TribalConsultation@ed.gov. This consultation is a closed press event.

Background

Executive Order 14112

Section 1 of Executive Order 14112 encourages Federal programs to provide increased flexibility for Tribal Nations. It addresses a need to reduce administrative burdens and increase access to federal funds and resources in reliance on our nation-to-nation relationship. It supports partnership and recognition of Tribal Nations’ invaluable expertise “on countless matters from how to more effectively meet the needs of their citizens to how to steward their ancestral homelands” and acknowledges that “we must, through Tribal consultation, continually improve our understanding of the funding and programmatic needs of Tribal Nations.”

With the goal of advancing the Department’s commitment to doing its part to uphold the Federal trust responsibility, this Tribal Consultation will include questions specific to sections 4 and 5 of Executive Order 14112. Section 4, “Embracing Our Trust Responsibilities by Assessing Unmet Federal Obligations to Support Tribal Nations,” focuses on the Federal government’s ability to identify chronic shortfalls in federal funding and support programs for Tribal Nations.  Section 5, “Agency Actions to Increase the Accessibility, Equity, Flexibility, and Utility of Federal Funding and Support Programs for Tribal Nations,” focuses on steps each agency can take to uphold the Federal Government’s trust responsibilities and support Tribal self-determination.

The Department is considering ways to estimate unmet needs, which will be used to administer and design policy recommendations. One option is using a formula that looks at a sample of the Tribe’s population, while adjusting for factors that may affect unmet needs for education support, such as economic status, treaties with educational provisions, state/local funding, and existing Department funding and support programs. This potential methodology could improve the Department’s understanding of unmet needs, as well as improve access to policy solutions and fulfill Federal trust obligations.

 

As stated in the original notice on July 19, the Department amends this notice to share an initial list of variables for consideration. The variables will help better identify and contemplate theoretical models to calculate unmet federal obligations related to educational need. The Department welcomes feedback on initial variables and welcomes additional input on variables not listed that should be considered.

Variables for Consideration

r = monetary value of resources provided to Tribe for education by the federal government.

b = barriers to Tribe when accessing monetary resources (e.g., grant requirements, statutory mandates, etc.).

e = treaty with educational provision

 

While Executive Order 14112 does not alter existing law or create any new rights or benefits, the Department is committed to the Executive Order’s purpose of providing Tribal Nations with flexibility where possible under existing law to improve economic growth, address the specific needs of their communities, and realize their vision for their future.

Consultation Questions

The Department invites Tribal Leaders to provide input on the following questions related to the implementation of Executive Order 14112, specifically sections 4 and section 5.

  1. How can the Department best understand unmet treaty obligations in collaboration with Tribes and work to address such obligations with others in the Federal government?
  2. What suggestions do you have regarding a methodology to calculate and assess unmet Federal obligations to support Tribal Nations?
  3. What information or data would the Department need to assess Tribal unmet need in competitive grant programs and grant programs where funds are distributed using a formula?
  4. The Department will be asked to report on the funding needed for existing programs and the funding needed to better live up to the Federal Government’s trust responsibilities and help address the needs of Tribal Nations. What budgetary, statutory, regulatory, or other changes do you recommend for the Department to take steps toward upholding the U.S. Government’s trust responsibilities and help address the needs of Tribal Nations?
  5. To effectively address the needs of Tribal communities, the Department needs to assess data. Recognizing the mutual respect of a nation-to-nation relationship, how can the Department, in coordination with others in the Federal Government, share or request data to address the unmet needs of Tribal communities?
  6. What administrative requirements create burden during the application process and subsequent implementation of the grant? (g., cost-sharing, matching, draft agreements, requirements applicable to all grants, such as Education Department General Administrative Regulations or OMB’s Uniform Guidance at 2 CFR 200, etc.)?
  7. How can the Department use its efforts to design, revise, provide waivers for, and otherwise administer Federal funding and support programs for Tribal Nations, to minimize administrative burdens?
  8. Are there accommodations that the Department could consider to address barriers that Tribal Nations face when applying for grants?
  9. How can the Department improve outreach on grants that are not directed specifically at Tribes but for which Tribes may be eligible?
  10. What general comments do you have regarding the Executive Order and the Department’s implementation of the Executive Order? (e.g., pros, cons, gaps, etc.)

Previous Tribal Consultations

  • FY 26 Budget Tribal Consultation Announcement –  In addition to the Tribal Consultation session, the Department will accept written comments by email sent to TribalConsultation@ed.gov. The comment period opens today March 29, 2024, and closes at 11:59 p.m. ET on May 30, 2024. Written comments received prior to the scheduled Tribal Consultation will be provided to Department officials in preparation for the Tribal Consultation. The Department of Education remains steadfast in its commitment to honor the nation-to-nation relationship and advance Tribal sovereignty and self-determination.