OP-ED: A Vision for Strengthening Tribal Sovereignty in the Next Trump Administration
As we look ahead to President Donald J. Trump’s second term (2025–2028), many across Indian Country are evaluating how to achieve lasting gains for tribal sovereignty. President Trump’s first administration (2017–2021) brought new opportunities, while the Biden administration introduced challenges that often stalled tribal initiatives due to shifting priorities. As President Trump returns, we will have a fresh chance to fortify our rights to self-governance, law enforcement, education sovereignty, and resource development—mainly through the establishment of a centralized Treasury Office for Tribal Affairs. As Executive Director of Native Americans for Sovereignty and Preservation (NASP), I believe this term provides a critical window to speed up reforms, advance self-determination, and modernize the federal trust responsibility according to tribal priorities.
Restoring the Federal Trust Responsibility
In 2025, tribal leaders must embrace the two-way street of trust responsibility. This should drive more efficient land-to-trust approvals, updated formula funding, greater law enforcement parity, and legislative fixes—such as a Carcieri solution and disenrollment challenges—ensuring all federally recognized tribes can protect and expand their land bases. Consultation must be more than a formality; it needs to result in genuine, enforceable mechanisms for tribes to manage their lands, natural resources, and governmental operations.
Transforming the Bureau of Indian Education
The Biden administration acknowledged that federally run schooling in Indian Country has fallen short. The Bureau of Indian Education (BIE), as it currently operates, hinders true educational sovereignty. Roughly 50 schools remain under direct BIE authority, often facing inadequate facilities, chronic underfunding, and minimal local input. Tribes have repeatedly called for complete local control to serve students better. Streamlining the BIE’s central office—potentially by shifting all funding into the Treasury’s new model (explained below)—and empowering a tribally led structure could foster culturally relevant curricula, address teacher shortages, and improve access for students with disabilities. By 2026, every BIE-operated school could be truly tribally managed, provided sufficient training and resources are allocated for sustainable, community-driven educational outcomes.
Cost Savings & Efficiency
Federal budget data for both the Bureau of Indian Affairs (BIA) and the BIE indicates a significant portion of funds goes to administrative overhead. Eliminating redundant layers and transferring governance authority directly to tribes can redirect millions of dollars into classrooms and culturally grounded initiatives. Instead of perpetuating top-heavy oversight, we can invest in tribal leadership, teacher training, and innovative curriculum design to meet our children’s needs.
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________Strengthening Tribal Law Enforcement
Today, approximately 300 to 400 tribes operate their police forces, which serve as frontline protection in regions frequently threatened by drug trafficking, cartel activity, and cross-border crime. Unfortunately, these tribal departments lag in funding relative to their state-level counterparts, undermining recruitment, training, and modernization efforts.
Parity in Funding
- Tribal Law and Order Act (TLOA): Established under Public Law 111-211, TLOA aimed to strengthen criminal justice in Indian Country but remains underfunded. Additional federal resources must be secured to ensure tribal departments can confront issues like fentanyl and cartel infiltration effectively.
- Indian Law Enforcement Reform (25 U.S.C. § 2801 et seq.): This statute (pg 511) directs the federal government to support tribal policing. Aligning tribal appropriations with state-level funding formulas would ensure robust, up-to-date facilities and competitive salaries.
Self-Governance Through ISDEAA
A cornerstone of tribal self-determination, the Indian Self-Determination and Education Assistance Act (ISDEAA) §5321 (pg 723) allows tribes to assume management of federal programs. However, these compacts frequently get tied up in drawn-out negotiations. An invigorated Trump administration could implement executive directives establishing firm deadlines, expediting the approval process for 25 U.S.C. § 5361 “Tribal Self-Governance” compacts. Putting real authority into tribal hands promotes greater efficiency and accountability.
Cost Savings & Reallocations
The Government Accountability Office (GAO) and tribal experts repeatedly report that transferring federal programs to tribal administration improves results and cuts overhead. Even a 5–10% increase in efficiency could free tens of millions of dollars annually to be invested in infrastructure, social services, and capacity-building for tribal governments. This reassurance of financial benefits should instill confidence in the proposed changes.
Fully Utilizing P.L. 102-477
Public Law 102-477 (§3401 pg 573) enables tribes to integrate multiple federal workforce and social service funding streams into a comprehensive plan. In practice, agencies impose conflicting rules, causing delays. With clear executive orders in 2025, tribes could swiftly consolidate job training, education, and other federal resources, accelerating essential services that fit each community’s specific needs.
Energy Development for Economic Independence
From oil and gas and rare earth extraction to solar, wind, and even nuclear power, the Indian Country possesses enormous energy development potential. Despite the current challenges of protracted permitting and insufficient financing, a new Trump term could bring hope. By expediting reviews and prioritizing projects with strong tribal support, we can keep profits in tribal communities, generate jobs, and foster long-term prosperity. This approach aligns with the administration’s America First focus on energy security while affirming tribal sovereignty. The potential for job creation should instill optimism about the economic future of Indian Country.
Refocusing the Role of the BIA
Numerous federal agencies—including Agriculture, Transportation, and others—maintain separate tribal liaison offices, creating a tangle of competing grants and applications. An expanded Treasury Office for Tribal Affairs can unify these processes, ensuring a single point of contact for multi-year budgets and streamlined oversight.
The 1,200 FTE Factor
Official budget documents show roughly 4,000 BIA employees (FTEs), with about 1,200 dedicated to administrative tasks. Given salaries and benefits of $100,000–$120,000 each, $120–$144 million could be repurposed if these roles were restructured. Such savings could flow directly into tribal initiatives via ISDEAA compacts, granting local governments more control over education, law enforcement, and infrastructure.
Treasury Office for Tribal Affairs
Originally set up to distribute COVID-19 relief, the Treasury Office for Tribal Affairs could become a permanent hub for federal funding, eliminating cumbersome red tape and empowering tribal nations. Building on the Local Assistance and Tribal Consistency Fund (LATCF), this office—already staffed by professionals in tribal relations and fiscal oversight—would streamline resources through a clear, user-friendly system. In other words, there would be no more grants, no more expensive Capitol Hill trips, and no more pleading or lobbying for new legislation—funding would flow directly to the tribal level. This office could also explore how tribes or entities could access significant capital.
By tapping into the LATCF’s established expenditure categories—spanning public safety, healthcare, housing, technology, and more—tribes would gain the flexibility to direct resources according to their local priorities. A system of real-time spending analytics would replace reactive audits, fostering a collaborative, proactive approach to accountability. Meanwhile, land trust administration and cultural preservation would remain under the Department of the Interior, preserving respect for tribal sovereignty throughout the process.
Proposed Timeline: 2025–2028
- Early 2025
- Regional Consultations: Solicit tribal input on BIE school transfers, land-into-trust updates, and establishing a permanent Treasury Office.
- Executive Directives: Fast-track ISDEAA compacts, expand P.L. 102-477, and transition selected BIA duties to Treasury.
- Mid-2025 to 2026
- Treasury Office Launch: Define core responsibilities, recruit staff with tribal expertise, and initiate multi-year budget coordination.
- BIE Overhaul: Move remaining BIE-operated schools into tribal control, reinvesting administrative savings in culturally tailored teaching.
- Police Parity Task Force: Assess tribal law enforcement funding relative to state agencies, recommending new Treasury allocations.
- Human Rights Abuses for Disenrollment Task Force: Address these abuses to respect Native lives and sovereignty.
- 2026 to 2027
- Treasury Office Expansion: Implement real-time funding dashboards, multi-year planning, and integrated reporting.
- Energy Permitting Reform: Streamline tribal-led energy initiatives and reduce permitting delays.
- TLOA & Law Enforcement: Strengthen Tribal Law and Order Act funding through the Treasury, ensuring consistent support.
- Late 2027 to 2028
- Carcieri Fix & Legislation: Guarantee that all federally recognized tribes can place land into trust without statutory ambiguity.
- BIA FTE Reassessment: Redirect up to $144 million from administrative overhead into tribal programs.
- Sustainable Treasury Office: Solidify a permanent mandate, positioning the Treasury as the main channel for direct tribal funding.
Tribal Consultations First
Throughout each phase, tribal consultation must be genuine, not simply a box to check. By involving tribes early and often, every policy and regulation can respect local cultures, economic realities, and the true essence of self-determination. For too long, the federal government’s failed experiment of colonization, erasure, and assimilation—compounded by broken promises—has stripped away real sovereignty from Indian Country. Now, with a renewed promise to put all Americans first, tribal nations and citizens should have the freedom to live according to their own values and faith, with leadership firmly in tribal hands rather than in Washington.
Under this second Trump administration, sovereignty and self-determination must rise to the forefront. Tribal leaders can guide their communities again, charting a path in education, law enforcement, economic development, and beyond—without excessive federal intrusion. This vision of limited government in tribal affairs, bolstered by bold action and united leadership, can usher in a new era of tribal sovereignty. By strengthening tribal-run schools, enhancing law enforcement capacity, and spurring energy independence, Indian Country can become a network of strong, self-reliant nations. Redirecting federal overhead into tribal governance confirms that true sovereignty and fiscal responsibility are linked. Now is the time to secure our lands, empower our families, and renew our communities for future generations.
Executive Director, Native Americans for Sovereignty and Preservation (NASP)
Disclaimer: The opinions expressed reflect our commitment to tribal-led governance and do not constitute legal advice. Tribal leaders should consult with their counsel for specific legal matters.