Do Tribal G2G Relations & Federal Tribal Advisories Have a Place in the Trump Era?

Treasury Tribal Advisory Committee during the Biden administration in September 2024.. (Photo/Faceook)

Details: By Aaron Payment; February 15, 2025

Guest Opinion. Throughout U.S. history, Federal Indian Policy has ebbed and flowed, ranging from Manifest Destiny to at least superficial government-to-government (G2G) relations with Tribes. Whether motivated by altruism or the desire to exploit natural resources and land, the Northwest Ordinance of 1787—drafted by President George Washington, General Henry Knox, and the Nation’s first Secretary of State, Thomas Jefferson—recognized, from the inception of the United States, the unique political status of tribal nations and provided the foundation for enduring G2G relations.

This initial federal policy established a general principle of negotiating with American Indians and was later embedded in the U.S. Constitution under Article I, Section 8, Paragraph 3. The so-called Commerce Clause, situated within the supreme law of the land, recognized Tribal Sovereignty on par with that of states and foreign nations. However, the fulfillment of this obligation is not merely a matter of Diversity, Equity, Inclusion, and Access (DEIA).

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Various presidents, beginning with John F. Kennedy, have incrementally advanced Federal Indian Policy. This progress included President Nixon signing into law the Indian Self-Determination and Education Assistance Act of 1975. One year earlier, an important judicial precedent was set by the U.S. Supreme Court in Morton v. Mancari, 417 U.S. 535 (1974), which held that the federal government’s treatment of Indians is political, not racial, when it is tied to Congress’s unique obligation toward Indian Tribes. However, it was not until President Clinton’s issuance of Executive Order 13175 in 2000 that Government-to-Government (G2G) relations were formally established.

…mandates that federal departments and agencies engage in regular, meaningful consultation with Tribal officials when developing policies that have tribal implications. This order aims to strengthen the government-to-government relationship between the United States and Indian tribal governments, recognizing their unique legal status and sovereignty…

Successive Presidential Actions on Tribal Consultation

Over the past 25 years, Presidents from both parties—except Donald J. Trump—have issued increasingly stronger Presidential Memoranda reaffirming Executive Order 13175. President Obama mandated all federal agencies to develop Government-to-Government (G2G) Consultation Policies. However, a 2019 GAO Report found that only a fraction of agencies had implemented them. In 2021, President Biden issued the most comprehensive directive yet, calling for 90 days of tribal consultations across federal agencies to establish policies. As a tribal chairperson, I participated in over 60 consultations. However, on the first day of his second term, Trump rescinded the latest Presidential Memorandum on Tribal Consultation without replacement.

The Past and Future of Tribal Advisory Councils (TACs)

The first Federal Tribal Advisory Council (TAC) appears to have been established in 1965 with the creation of the National Advisory Council on Indian Education (NACIE). I have served on NACIE for a decade, first appointed by Obama and reaffirmed by both Trump and Biden. Since 1969, several TACs have been established, ensuring tribal voices are heard within Presidential Administrations. Most require elected tribal leadership for membership and serve at the discretion of the President or respective agencies. It is crucial to recognize that TACs are not special interest groups but formal instruments of G2G relations between sovereign Tribal Nations and the U.S. government.

With 22+ years as an elected tribal leader, I’ve served on multiple Tribal Advisories, including NACIE, the HHS Secretary Tribal Advisory, IHS Tribal Consultation Advisory, Office of Minority Health Health Research Advisory Council, Substance Abuse and Mental Health Services Administration TAC, NIH TAC, NIH Director’s Advisory, Health Resources Services Administration TAC, IHS Contract Support Cost Workgroup, and the Tribal Interior Budget Council (TIBC). The future of these advisories remains uncertain. While some TACs are established by statute and funded accordingly, the Executive Branch ultimately determines whether their work continues. To my knowledge, no Tribal Advisory work has been permitted since Inauguration Day 2025.

For example, the March budget formulation meeting of TIBC was initially canceled but later rescheduled as a virtual meeting. TIBC is a critical tool for amplifying tribal budget priorities and ensuring unmet obligations are addressed. Federal agencies like the Department of the Interior and HHS should issue clear statements pledging to uphold treaty and trust obligations, along with policy commitments to continue TACs as part of good G2G relations.

Dr. Aaron Payment has served in elective office between Tribal Council, as Vice Chair and Chairperson/ CEO for over 22 years. He currently sits on Tribal Council. He served for nearly 10 years as a NCAI Executive Committee Member as Regional VP, Secretary (2X) and as 1st Vice President (2X). He has served on numerous Tribal Advisories, and offered his assistance to other Tribal nations to protect our sovereignty and the funding that derives from the Treaty and Trust obligation. A high school drop out, Dr. Payment took his GED and earned a bachelor’s, three master’s and a doctorate degree.