EO 12328Executive OrderReagan · R

Executive Order 12328

Federal employees contracting or trading with Indians

This executive order delegates presidential authority to regulate federal employees' commercial transactions with Indians from the President to the Secretary of the Interior (for Bureau of Indian Affairs employees) and the Secretary of Health and Human Services (for Indian Health Service employees). It also preserves existing regulations as interim rules until new ones are issued.

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Key directives

  • Delegate BIA employee trading regulations to Secretary of the Interior
  • Delegate IHS employee trading regulations to Secretary of Health and Human Services
  • Adopt existing regulations as interim rules pending new rulemaking

Who is ordered

Timeline

Immediate

  • Delegation of regulatory authority takes effect
  • Existing regulations adopted as interim rules

Near term (90d)

  • Secretaries may begin drafting new rules and regulations

Long term

  • Potential new regulations replacing interim rules (no deadline specified)

Risks & tensions

  • No deadline for new regulations creates indefinite interim status
  • Unclear whether Secretaries are required or merely permitted to issue new regulations
  • Potential conflict of interest concerns in federal employees trading with Native Americans they serve
Executive Order 12328: Federal employees contracting or trading with Indians · Executive Orders