U.S. Senator Lisa Murkowski (R-AK), Chairman of the Senate Committee on Indian Affairs, yesterday sent a letter to the Office of Management and Budget (OMB), urging them to immediately issue a memorandum directing all federal agencies to ensure that Indian Tribes and the related Tribal programs and federal funding they receive due to their political status are not affected by implementation of the President’s Executive Orders and policies, such as those addressing diversity, equity, inclusion, and accessibility (DEIA), and environmental justice (EJ).
“In the implementation of these Presidential initiatives, Tribes have raised concerns that Tribal programs may be misclassified as DEIA or EJ. Any pauses or elimination of these programs would undermine the United States’ trust responsibility to Indian Tribes and their ability to provide services to their members. I ask OMB to take action now to reaffirm the unique treatment, programs and services to Indian Tribes based on their political and legal status, which is recognized in the U.S. Constitution, treaties, and many federal laws and policies, to ensure that there is no disruption to federal Tribal programs,” Chairman Murkowski wrote.
Chairman Murkowski commended the Department of Interior for issuing Secretarial Order (SO) 3416 implementing Executive Order 14151, which could serve as a model for other federal agencies as they implement these Presidential initiatives.
“At least one federal agency seems to understand this distinct legal and political relationship with Indian Tribes—the Department of the Interior. On January 30, the Department of the Interior issued Secretarial Order (SO) 3416 implementing Executive Order 14151. SO 3416 includes a limitation that acknowledges that nothing in the order should be construed to affect activities that implement legal requirements independent of the EOs, including ‘the statutory authorities, treaty, and/or trust obligations of the Department and its Bureaus/Offices to Tribal nations and the Native Hawaiian Community,’” Chairman Murkowski wrote.
In addition to issuing the requested memorandum, Senator Murkowski requested that the OMB provide a written response outlining any additional actions they plan to take to ensure all federal agencies properly recognize the unique status of Indian Tribes based on their political classification.
Full text of the letter can be found here.