OMB Tells Federal Agencies that Tribal Consultation on Deregulation is Not Necessary

10/29/2025

Washington, D.C. – On October 21, 2025, OMB released a memo entitled “Streamlining the Review of Deregulatory Actions” (Memorandum M-25-36). The OMB memo states that federal agencies are not eliminating enough federal regulations and encourages more deregulation. OMB also tells federal agencies that they do not need to separately consult with Indian tribes when rescinding regulations.

The OMB memo speeds up timelines for deregulation and allows agencies to bypass public notice and comment periods when rescinding federal regulations. Agencies are directed to rescind regulations that they believe are unlawful based on certain court precedent or based on an agency’s own determination. OMB Memorandum M-25-36 is available here.

OMB specifically directs agencies that deregulation does not trigger Tribal Consultation normally required under Executive Order No. 13175, “Consultation and Coordination With Indian Tribal Governments.” Originally issued on November 6, 2000, the Executive Order has stood the test of time and become the foundation for Tribal Consultation policies issued by almost all federal agencies.

Despite requirements that agencies consult with Tribes on all actions that may impact Tribal interests, OMB asserts that Tribal Consultation is unnecessary because OMB claims that deregulation or rescinding regulations will have a positive net benefit. OMB concludes that agencies can consult with Tribes during the standard public comment period, however, OMB also concludes that agencies may not need to seek public comment on proposed deregulation actions.

OMB is not seeking comments on its directive to federal agencies. Tribes are encouraged to closely monitor deregulation efforts and seek full Tribal Consultation under Executive Order 13175 with federal agencies seeking to rescind or limit regulations protective of Tribal rights and resources.

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