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IFAI Analysis: Trump Administration Executive Orders and Actions’ Potential Impacts on Tribal Food and Agriculture

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IFAI Analysis: Trump Administration Executive Orders and Actions’ Potential Impacts on Tribal Food and Agriculture

Feb 28, 2025 | Agricultural Research, Featured Article, News, Policy Analysis, Press Release, Publications

A new presidential administration means new executive orders and actions. The Indigenous Food and Agriculture Initiative’s following summary discusses President Donald Trump’s executive actions and orders and their potential impact on Tribal governments, citizens, and producers in the food and agriculture space.

Please note, this is a living resource last updated March 5, 2025. Access IFAI’s webinar recording and slides on this topic here.

What is an executive order? 

An executive order (EO) is a directive issued by the president of the United States that manages operations of the federal government. It has the force of law and directs the activities of government agencies and officials. It must be published in the Federal Register, though EOs are subject to judicial review and can be overturned if found unconstitutional or beyond the president’s authority.

What is an executive action?

An executive action or memorandum, does not have a legal definition and is not required to be published in the Federal Register. They are used by to call on Congress or their administration to take action or refrain from taking action. They are less formal than EOs, don’t carry the same legal weight and don’t require Office of Management Budget (OMB) to issue Budgetary Impact Statements. 

 

EOs and actions impacting USDA employment and staffing

 

  • Return to in-person work
    • Mandates all executive branch return to physical locations as soon as practicable and calls for agencies to “terminate remote work arrangements” – but does not mention telework. It provides leeway – undefined – that the department and agency heads shall make exemptions they deem necessary.
    • Indian Country impact: Would impact remote positions at U.S. Department of Agriculture (USDA), specifically in locations in Indian Country with no nearby USDA offices. Shared positions may not be impacted by this because the needs of the Tribe and the geographic area being served.
  • Hiring freeze
    • Initiates a federal hiring freeze, preventing agencies from filling vacant positions or creating new roles. Only exceptions are for national security, public safety, those who deliver SSI/Medicare/VA benefits. Creates a review of the federal workforce to propose reductions to be submitted to the Office of Management and Budget (OMB) in 90 days. The freeze will remain in effect until a plan is submitted and approved. It specifically bans hiring contractors to get around the order.
    • Indian Country impact: May impact programs providing services to Tribes, their jurisdictions and citizens. Many positions at USDA and other Indian Country serving agencies were short staffed. Eliminating open positions is unlikely to address those shortfalls.  
  • Restoring accountability in policy-influencing positions
    • Reinstates Schedule F for federal employees, removing their civil service protections. Agencies are required to reclassify policy-influencing positions within 60 days. Office of Personnel Managment (OPM) must issue SES Performance Plans within 30 days
    • Indian Country impact: This may impact programs providing services to Tribes, their jurisdictions, and citizens. Many positions at USDA and other Indian Country serving agencies were short staffed. Eliminating open positions is unlikely to address those shortfalls.  
  • Establishes the Department of Government Efficiency (DOGE)
    • This establishes DOGE as new federal department.
    • Indian Country impact: Section 4 of the EO says its mission is to modernize IT across the federal government. This could impact Tribal use and access to data and tech systems. In the best of times, these systems can be a challenge for Tribal government users. Not taking into account the challenges of broadband access and technology options in Indian Country could make any technological changes implemented in federal systems a challenge for Tribal entities to use.
  • Ending radical and wasteful government DEI programs and preferencing
    • Orders termination of all Diversity, Equity and Inclusion efforts, including Federal employment practices, union contracts, and training policies or programs.
    • Indian Country impact: This could impact existing Indian Country trainings across USDA. Tribes are sovereign nations with a political, not racial, classification under U.S. law, a principle affirmed by the Supreme Court in Morton v. Mancari (1974). This foundational distinction underscores the government-to-government relationship between Tribes and the federal government and differentiates Tribal programs from those aimed at racial equity or diversity initiatives. 
  • Reforming the federal hiring process and restoring merit to government service
    • Orders development of new federal hiring plan within 120 days that will “prevent the hiring of individuals based on their race, sex, or religion, and prevent the hiring of individuals who are unwilling to defend the Constitution or to faithfully serve the Executive Branch.”
    • Indian Country impact: This may impact Tribal citizens in federal positions if hiring does not understand legal background of Tribal citizenship. For instance, the Bureau of Indian Affairs (BIA) has statutory considerations encouraging hiring Native Americans, but currently USDA does not have this statutory requirement, though this is a priority for the Native Farm Bill Coalition (NFBC) in the next Farm Bill. If this is interpreted to bar Tribal citizens based on their Tribal citizenship, it could remove an entire cohort of federal employees who live, work, and understand the unique political and legal status of Indian Country agriculture.  
  • Ending illegal discrimination and restoring merit-based opportunity
    • Directs agencies to work to end DEI initiatives in the private sector in areas of their jurisdiction and rescinds DEI practices or programs across agencies. Revokes executive actions: 
      • Executive Order 12898 of Feb. 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations);  
      • Executive Order 13583 of Aug. 18, 2011 (Establishing a Coordinated Government-wide Initiative to Promote Diversity and Inclusion in the Federal Workforce);  
      • Executive Order 13672 of July 21, 2014 (Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity);
      • The Presidential Memorandum of Oct. 5, 2016 (Promoting Diversity and Inclusion in the National Security Workforce);
      • and Executive Order 11246 of Sept. 24, 1965 (Equal Employment Opportunity)
    • Indian Country impact: This could impact staffing and program delivery. 
  • Limiting lame-duck collective bargaining agreements that improperly attempt to constrain the new president
    • This order seeks to give a newly inaugurated president the ability to ignore collective bargaining agreements with federal workforce unions that were agreed to by their predecessor.
    • Indian Country impact: This could impact staffing and program delivery. 
  • Implementing The President’s “Department of Government Efficiency” Workforce Optimization Initiative
    • This mandates a hiring ratio of one new employee for every four that leave, increasing workforce attrition. The order also establishes DOGE Teams within each agency to lead these efforts.
    • Indian Country impact: This could impact staffing and program delivery. 
  •  
  • Eliminating the Federal Executive Institute
    • The order directs the OPM to take all necessary steps to close the FEI. The FEI trains senior leaders in the federal service and offers high-impact, residential programs that focus on executive development and fostering innovation within federal agencies.
    • Indian Country impact: This could impact staffing and program delivery due to lapse in institutional knowledge. 

EOs and actions impacting regulations and rulemaking

  • Initial Rescissions of Harmful EOs and Actions
    • It focuses on revoking several executive actions from the previous administration related to racial equity, COVID-19 response, and climate policies.
    • Indian Country impact: Rescinds:
      • Executive Order 13985 of Jan. 20, 2021 (Advancing Racial Equity and Support for Underserved Communities Through the Federal Government). 
      • Executive Order 14049 of Oct. 11, 2021 (White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Native Americans and Strengthening Tribal Colleges and Universities) 
      • Executive Order 14031 of May 28, 2021 (Advancing Equity, Justice, and Opportunity for Asian Americans, Native Hawaiians, and Pacific Islanders)  
      • Executive Order 14091 of Feb. 16, 2023 (Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government) 
  • Regulatory freeze pending review
    • Halts the proposal or issuance of new rules until approved by department heads, with OMB director allowed to give exceptions in times of emergency. Agencies must withdraw any rules not yet published  in the Federal Register, and allows a 60-day postponement of recently published rules to address any questions of fact, law, or policy they may raise. the requirements of this memorandum apply to all types of official actions by agencies, such as proposals for new rules, notices of rulemaking, and policy statements that have a broad impact and future consequences.
    • Indian Country impacts: Just a few of those that may be impacted, include BIA Agriculture Leasing Regulationss, USDA Departmental Manual, and anything published in Federal Register (draft or preliminary rule). 
  • Radical Transparency About Wasteful Spending
    • Directs executive departments and agencies to publicly disclose details of terminated programs, canceled contracts, and discontinued grants to promote transparency. No timeline.
    • Indian Country impacts: May impact Tribal programs or those serving Tribal programs in past agreements with Tribal serving organizations. 
  • Ensuring Accountability for All Agencies
    • Executive departments and agencies and independent regulatory agencies submit significant regulatory actions for review by the Office of Information and Regulatory Affairs (OIRA) before publication.
    • Indian Country impacts: Probably minimal, but the order is expected to apply to the Commodity Futures Trading Commission (CFTC), which has its origins in regulating the grain trade. CFTC’s bigger responsibility now is regulating financial futures including cryptocurrency trading. The CFTC is under the jurisdiction of the Senate and House Agriculture committees.  
  • Ensuring Lawful Governance and Implementing the President’s “DOGE” Deregulatory Initiative
    • DOGE staffers at federal agencies coordinate review and elimination of regulations along with OMB to ensure they align with the law and the administration’s policy.  Specific timelines: 
      • **60 Days for Regulation Review**: Agency heads must review all regulations under their jurisdiction and identify those that are unconstitutional or impose significant costs without public benefits within 60 days.
      • **Unified Regulatory Agenda**: The Office of Management and Budget (OMB) must develop a Unified Regulatory Agenda to rescind or modify identified regulations.
      • **Ongoing Enforcement Discretion**: Agencies are directed to de-prioritize enforcement actions that exceed statutory authority or constitutional powers immediately. 
    • Indian Country impacts: May impact Tribal programs or those serving Tribal programs. 
    •  

EOs and actions impacting animal health 

  • Withdrawing the U.S. from the WHO
    • Pauses future U.S. funding and support to the WHO and recalls U.S. government personnel working with it. Ceases negotiations on the WHO Pandemic Agreement and reassigns necessary activities to U.S. and international partners.
    • Indian Country impact: With bird flu or screw worm, it may slow once-connected scientific/tracking relationships with WHO to USDA animal disease work. 

EOs and actions impacting Tribal jurisdictions and leases

  • Unleashing American Energy
    • Encourages exploration/production on federal lands and waters though elimination of regulations. Also promote the production of non-fuel minerals like rare earth minerals. Revokes previous executive orders related to climate change and sustainability and directs federal agencies to expedite energy infrastructure projects.
    • Indian Country impact: May impact Tribal lands or once-protected federal/Tribal designated lands for energy development. Can impact land use issues. If they yank leases for sub surface exploration, it’ll impact surface leasing. Sacred sites may also be impacted. 
  • Putting People over Fish: Stopping Radical Environmentalism to Provide Water to southern California
    • Directs the Secretary of Commerce and Secretary of Interior to work to route more water from the Sacramento-San Joaquin Delta to other parts of the state.
    • Indian Country impact: Could impact regional Tribes access to water and certain wildlife. Water releases may impact Tribal producers and Tribal water rights. 
  • Unleashing AK’s Extraordinary Resource Potential
    • Directs federal agencies to rescind or revise restrictions, policies and environmental reviews implemented since January 2021 that limit resource development on federal and state lands in Alaska, including the Arctic National Wildlife Refuge. Tasks agencies with expediting permitting, leasing and infrastructure projects for developing Alaska’s resources, particularly its liquefied natural gas industry and the Trans-Alaska Pipeline System. Directs immediate review of “all Department of the Interior guidance regarding the taking of Alaska Native lands into trust and all Public Land Orders withdrawing lands for selection by Alaska Native Corporations to determine if any such agency action should be revoked.”
    • Indian Country impact: Same as subsurface, surface leases and environmental reviews. Reviews all DOI guidance and taking AK lands into trust. Impacts to subsistence harvests. 

How to give feedback on EOs’ impacts

  • Senate Indian Affairs has a dedicated staff to hear about Tribal impacts. 

Executive Order 14112