Document bya7yq27yn8jRk08qpv15RVj0

y gp e UNITED STATES DEPARTMENT OF AGRICULTURE OFFICE OF THE SECRETARY WASHINGTON, D.C. 20250 SECRETARY'S MEMORANDUM 1078-010 May 5, 2025 CLARIFYING THE APPLICATION OF CERTAIN EXECUTIVE ORDERS TO FEDERALLY RECOGNIZED INDIAN TRIBES, AMERICAN INDIAN TRIBAL CITIZENS AND ALASKA NATIVES, AND THE NATIVE HAWAI'IAN COMMUNITY 1. PURPOSE The purpose of this Secretary Memorandum is to clarify the applicability to federally recognized Indian Tribes, American Indian Tribal citizens and Alaska Natives, and the Native Hawai'ian Community of Executive Order (EO) 14151, Ending Radical and Wasteful Government DEI Programs and Preferencing, 90 Fed. Reg. 8339 (Jan. 29.2025); EO 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, 90 Fed. Reg. 8615 (Jan. 30, 2025); and EO 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity Executive Order, 90 Fed. Reg. 8633 (Jan. 31. 2025). The Department's unique government-to-government and political relationship with, federally recognized Indian Tribes, American Indian Tribal citizens and Alaska Natives, and the Native Hawai'ian Community are legally distinct from policy-based Diversity, Equity, and Inclusion programs such as those covered by these Executive Orders. Accordingly, these Executive Orders did not eliminate, rescind, hinder, impair, or otherwise affect activities, services, or programs that implement the legal and political relationship carried out by the Department of Agriculture arising by Treaty or statute with respect to federally recognized Indian Tribes, American Indian Tribal citizens and Alaska Natives, and the Native Hawai'ian Community. 2. DELEGATIONS It is the policy of the Department of Agriculture to honor the United States' trust relationship and Tribal treaty rights and to faithfully execute the laws of the United States as they relate to federally recognized Indian Tribes, American Indian Tribal citizens and Alaska Natives, and the Native Hawai'ian Community. In the implementation of programs administered by the Department of Agriculture, all agencies will pay particular attention to the policies articulated in the Indian Self-Determination and Education Assistance Act, the Alaska Native Claims Settlement Act, and the Hawai'ian Homes Commission Act. Agencies will consult with the Office of Tribal Relations and the Office of the General OST-2025-1200 Page 01970 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0027851 Counsel when implementing statutes that provide specific reference to federally recognized Indian tribes, American Indian Tribal citizens and Alaska Natives, and the Native Hawai'ian Community to ensure these statutes are implemented properly. 3. EFFECTIVE DATE AND TERMINATION This Secretary Memorandum is effective immediately and will remain in effect until it is amended, superseded, or revoked, whichever occurs first. /s/ Brooke L. Rollins Secretary U.S. Department of Agriculture 2 OST-2025-1200 Page 01971 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0027852