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6/23/2026 WASHINGTON, D.C. – On June 11, 2026, the Small Business Administration (SBA) announced a proposed rule to “end racial discrimination” and “dismantle the race-based admissions framework” in the 8(a) Business Development framework. SBA reports that businesses owned by Indian tribes, Alaska Native Corporations (ANCs), and Native Hawaiian Organizations (NHOs) would not be affected by the proposed rule. However, the proposed rule would impact the ability of businesses owned by individuals who are Alaska Natives, Native Hawaiians, or enrolled members of Federal and State recognized Indian Tribes to participate in 8(a) contracting. Section 8(a) of the Small Business Act of 1958 allows “socially disadvantaged” small business owners to receive financial assistance for their businesses. The current rules at 13 C.F.R. § 124.103 include a list of “designated groups” whose members are presumed to be “socially disadvantaged.” This list includes individuals who are Alaska Natives, Native Hawaiians, or enrolled members of Federal and State recognized Indian Tribes (Tribal members). The proposed rule would remove the list of all “designated groups” presumed to be “socially disadvantaged.” This includes individual Tribal members, who would then be required to prove that they are socially disadvantaged by submitting verifiable, fact-based evidence. Indian tribes, ANCs, and NHOs would still be eligible to participate in 8(a) contracting under different sections of the rules. Tribes and Tribal members have an opportunity to address this issue by providing written comments on the proposed rule to SBA. Written comments are due on July 13, 2026. For example, Tribal members could be included in the provisions that will still provide for Indian tribes and Tribally-owned business to be eligible to participate in 8(a) contracting. Indian tribes could also require SBA to consult on the proposed rule. SBA did not schedule Tribal Consultation on the proposed rule as required by SBA’s Tribal Consultation Policy and Executive Order No. 13175 even though the rule will impact Tribal interests. Tribes and Tribal members may also want to contact their Congressional representatives about the proposed rule before it becomes final. The proposed rule is available here. SBA’s Tribal Consultation Policy is available here. Potential litigation over the proposed rule could impact a landmark U.S. Supreme Court decision that affirmed the political relationship between the United States and Indian tribes and their members. In Morton v. Mancari, 417 U.S. 535 (1974), the Court upheld an employment preference for Indians within the Bureau of Indian Affairs in the face of an equal protection challenge and on the basis that the preference was political in nature instead of racial and could be “tied rationally to the fulfillment of Congress’ unique obligation toward the Indians…” Id. at 555. Recognition of this political relationship set the foundation for the self-determination era with increased federal programs, job opportunities, grants, scholarships, contracts, and many more opportunities for Indian tribes and their members. To avoid review of this critical decision by Federal Courts and the Supreme Court, Indian tribes, ANCs, NHOs, and Tribal members may need to inundate SBA with comments and demands for Tribal Consultation affirming the United States political relationship to Indian tribes, ANCs, NHOs, and Tribal members. Skenandore Wilson LLP is dedicated to the representation of Tribal Nations, Tribal entities, and individual Tribal members throughout Indian Country. Our mission is to support and advance the sovereignty, self-sufficiency, and self-governance of our Tribal clients. To learn more about how we can assist you, contact us at info@skenandorewilson.com or 608-608-1210.

6/26/2026 WASHINGTON, D.C. – On June 24, 2026, the Senate Committee on Indian Affairs held a hearing to consider the nomination of Mark Cruz to serve as the Director of the Indian Health Service (IHS). Cruz currently serves as a Senior Advisor to Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr. Cruz is an enrolled member of the Klamath Tribes. His written testimony is available here, and the full hearing can be viewed on the Senate Committee on Indian Affairs’ website here. The Committee opened the hearing with testimony from Congressman Tom Cole. Congressman Cole strongly supported the nomination and spoke about first meeting Cruz as a High School Teacher on the Rosebud Indian Reservation. Cruz later served as a Legislative Fellow in the Congressman’s Office. Congressman Cole is an enrolled member of the Chickasaw Nation and currently serves as the Chairman of the House Appropriations Committee. In her opening statement, Chairman Lisa Murkowski told the Committee that Cruz discussed with her that “Tribal consultation is a process, not an event.” She agreed and emphasized the importance of meaningful consultation, ongoing engagement, trust, and accountability. She also noted Cruz’s comment that IHS is a federal agency that touches the lives of Native people from birth to death. Chairman Murkowski felt that this comment reflected the importance of IHS and said that IHS needs a confirmed Director to do this work. Several committee members, including Vice Chairman Brian Schatz, raised concerns regarding the ongoing staffing crisis within IHS. Vice Chairman Schatz asked Cruz for his commitment to addressing workforce shortages. In response, Cruz affirmed his commitment to meeting these challenges and putting together a robust hiring plan. If confirmed, Cruz plans to serve in a dual capacity as both a Senior Advisor to Secretary Kennedy and as Director of IHS. During the hearing, Committee members questioned whether Cruz could effectively fulfill both responsibilities including the sprawling mission of HHS which includes critical programs like LIHEAP and Head Start. In response, Cruz noted the importance of the IHS Director having a strong relationship with the HHS Secretary and the ability to address Tribal health issues across HHS. Skenandore Wilson LLP is dedicated to the representation of Tribal Nations, Tribal entities, and individual Tribal members throughout Indian Country. Our mission is to support and advance the sovereignty, self-sufficiency, and self-governance of our Tribal clients. To learn more about how we can assist you, contact us at info@skenandorewilson.com or 608-608-1210.

5/27/2026 WASHINGTON, D.C. – Last week, the House Appropriations Subcommittee on Interior, Environment, and Related Agencies (Subcommittee) approved its Fiscal Year (FY) 2027 appropriations bill. The bill includes funding for Indian Affairs programs, including the Bureau of Indian Affairs (BIA), the Bureau of Indian Education (BIE), and the Indian Health Service (IHS). Overall, the Subcommittee rejected the dramatic cuts proposed by the President for FY 2027. Meanwhile, the Senate Committee on Indian Affairs held a tense hearing where lawmakers from both parties sharply questioned Administration officials on the President’s proposed cuts to Indian Affairs programs. Testifying for the Administration were Assistant Secretary for Indian Affairs William “Billy” Kirkland and Indian Health Service Chief of Staff Clayton Fulton. The President has not yet nominated an Indian Health Service Director. Chairman Lisa Murkowski (R-AK) began the hearing by calling out the Administration for proposing to cut Indian Affairs funding by more than one-third and eliminating some critical programs. Vice Chairman Brian Schatz (D-HI) warned that, if enacted, the President’s proposed budget would underfund Treaty and Trust responsibilities and result in less Tribal self-determination, law enforcement officers, and support for critical infrastructure. The hearing can be viewed here. Congressional funding bills start in the House, and the House Interior Appropriations Subcommittee took significant steps to maintain funding for Indian Affairs programs. Appropriations Committee Chairman, Tom Cole (R-OK), who has been a strong advocate for Indian Country funding, joined the Subcommittee in approving this funding package. The House bill includes $3.21 billion in total funding for the BIA. This is about $1.4 billion more than was requested by the President and an increase over FY 2026 funding enacted by Congress. One of the most significant increases in the bill compared to FY 2026 was for law enforcement. The bill includes $775 million for Tribal Public Safety and Justice programs to combat drug trafficking and violent crime. This is a 36 percent increase over FY 2026 and $215 million more than the amount requested by the President. The House Interior Appropriations Subcommittee is also seeking increases for the BIE. The Subcommittee bill includes $1.55 billion for overall BIE funding in FY 2027. This is $617 million more than the President’s proposed budget and $181.6 million more than the FY 2026 enacted amount. The House Subcommittee bill includes $8.69 billion for the IHS, which is an increase of $639.8 million above the FY 2026 enacted level. The amount approved by the Subcommittee is actually $41 million lower than the President’s proposed budget, but the Subcommittee’s bill is more focused on the core mission of IHS and includes funding for sanitation facilities construction to deliver clean water to Tribal communities. Tribes are encouraged to stay in contact with their Congressional Delegations to prevent the President’s FY 2027 cuts and advocate for needed funding increases. Skenandore Wilson LLP is dedicated to the representation of Tribal Nations, Tribal entities, and individual Tribal members throughout Indian Country. Our mission is to support and advance the sovereignty, self-sufficiency, and self-governance of our Tribal clients. To learn more about how we can assist you, contact us at info@skenandorewilson.com or 608-608-1210.

5/20/2026 WASHINGTON, D.C. – On April 29, 2026, the U.S. Supreme Court issued a decision gutting Section 2 of the Voting Rights Act which was intended to prohibit discriminatory voting practices and procedures. In Louisiana v. Callais, 608 U. S. ____ (2026), the Court concluded that in order to prove voter discrimination, Section 2 requires showing an intent to discriminate. The decision is already impacting efforts by Indian tribes and tribal members to challenge voting districts that dilute the Native American vote. In the Callais decision, a 6-3 majority of the Supreme Court found that a Louisiana congressional district map violated the U.S. Constitution. The Court ruled that the map improperly used race to draw a district that would ensure proportional representation of minority voters. The decision is available here. In her dissenting opinion, Justice Kagan described the Court’s decision as part of a decade long effort to demolish the Voting Rights Act. Justice Kagan stated that in 1982, Congress did away with the “intent” test and amended “Section 2 to bar the use of any electoral mechanism that would result in minority citizens having less opportunity than non-minority citizens to choose their political representatives.” Justice Kagan concluded, “Under the Court’s new view of Section 2, a State can, without legal consequence, systematically dilute minority citizens’ voting power.” Indian tribes have used Section 2 of the Voting Rights Act to successfully challenge legislative districts that did not allow an equal opportunity for Native Americans to elect their preferred candidates in Nebraska, North Dakota, Montana, and South Dakota. As a result of the Callais decision, one of these cases has already been sent back for reconsideration. The Callais decision is likely to make it more difficult, at least in the short term, for Indian tribes and tribal members to challenge discriminatory voting districts. Indian tribes and their advocates will need to closely read the Callais decision, seek to apply the decision narrowly, and develop strategies for ensuring that Indian voters are properly represented. Skenandore Wilson LLP is dedicated to the representation of Tribal Nations, Tribal entities, and individual Tribal members throughout Indian Country. Our mission is to support and advance the sovereignty, self-sufficiency, and self-governance of our Tribal clients. To learn more about how we can assist you, contact us at info@skenandorewilson.com or 608-608-1210.

5/8/2026 WASHINGTON, D.C. – Last month, the Office of Management and Budget (OMB) finally released $289 million in Fiscal Year (FY) 2025 funding to the Department of Treasury for the Community Development Financial Institution (CDFI) Fund. The funding was released more than a year after it was passed by Congress. The funding includes $28 million for the Native American CDFI Assistance (NACA) Program which funds Native CDFIs. OMB delayed releasing these funds to comply with President Trump’s Executive Order No. 14238 entitled “Continuing the Reduction of the Federal Bureaucracy.” Section 2 of the Executive Order provides for the elimination of non-statutory CDFI functions , as well as other programs, to the extent possible under existing law. For any remaining statutory functions, CDFIs were then required to “reduce the performance of their statutory functions and associated personnel to the minimum presence and function required by law . . .” The NACA Program funds Native CDFIs to provide financial literacy, capital investment, and individual financing in rural and urban Native communities. There are about 65 certified Native CDFIs in about 25 states around Indian Country. Native CDFIs offer small business development loans, home repair loans and mortgages , consumer loans, and credit repair to tens of thousands of Native people on reservations and other rural areas where traditional banks and credit opportunities are scarce or non-existent. While the FY 2025 funding has finally been released, Treasury has not yet provided information on how Native CDFIs can apply to NACA to receive Financial or Technical Assistance grants. Financial Assistance grants are used by Native CDFIs to provide lending and funding opportunities in Native communities. Technical Assistance grants are used by Native CDFIs to develop their programs and increase capacity for supporting Native communities. Looking ahead, Congress has already provided about the same amount of funding for the CDFI fund in FY 2026. This is resulting in a backlog of funding within OMB and Treasury for CDFIs and Native CDFIs. Meanwhile in his FY 2027 budget proposal, the President continues to seek significant cuts to core CDFI fund programs. The CDFI fund has bipartisan support in Congress, but uncertainty around the release of funds has been a challenge for the operation of CDFIs and Native CDFIs. Skenandore Wilson LLP is dedicated to the representation of Tribal Nations, Tribal entities, and individual Tribal members throughout Indian Country. Our mission is to support and advance the sovereignty, self-sufficiency, and self-governance of our Tribal clients. To learn more about how we can assist you, contact us at info@skenandorewilson.com or 608-608-1210.

4/28/2026 WASHINGTON, D.C. – On April 28, 2026, the Department of Justice (DOJ) issued a final Order re-scheduling certain medical marijuana products under the Controlled Substances Act (CSA) from Schedule I to Schedule III. The DOJ Order includes products approved by the Food and Drug Administration (FDA) or products that are subject to a state-issued medical marijuana license. The DOJ Order is available here. The Order also directs the Drug Enforcement Agency (DEA) to provide a process for state-licensed medical marijuana entities to register as manufacturers, distributors, or dispensers of medical marijuana. DEA is directed to expeditiously process applications and will allow “early applicants” to continue operating lawfully under their state license during the review process. While this is a significant move toward legalizing marijuana, it is unclear how the Order applies to Tribes. The Order does not recognize Tribally-issued medical marijuana licenses. The Order only mentions Tribes to say that Tribal Consultation is not required under Executive Order No. 13175 on “Consultation and Coordination with Indian Tribal Governments,” because the Order does not have “substantial effects” on one or more Indian tribes. The Administration has been making this claim in other areas to avoid consulting with Tribes or considering Tribal interests. Tribes will need to take action in order to ensure that Tribal operations are not treated differently by DOJ or disadvantaged by DEA approval of state licensed operators. For example, similar to the DOJ Cole and Wilkinson Memorandums, Tribal Operators may seek to protect their operations by complying with federal and state laws. Tribes could also seek compacts with surrounding state governments. Finally, Tribes may also want to advocate for DOJ to issue guidance discussing how the Order and its registration provisions apply to Tribes. Finally, adult-use marijuana has not been re-scheduled. Instead, DOJ scheduled a new hearing on the full re-scheduling of marijuana for June 29, 2026. DOJ states that this new hearing is intended “to move more efficiently toward the completion of marijuana’s complete redesignation.” DOJ states that the new hearing will end by July 15, 2026. DOJ also terminated the re-scheduling hearing procedures that began under the Biden Administration. Skenandore Wilson LLP is dedicated to the representation of Tribal Nations, Tribal entities, and individual Tribal members throughout Indian Country. Our mission is to support and advance the sovereignty, self-sufficiency, and self-governance of our Tribal clients. To learn more about how we can assist you, contact us at info@skenandorewilson.com or 608-608-1210.

4/14/2026 WASHINGTON, D.C.   –  On April 3, 2026, President Trump released his Fiscal Year (FY) 2027 budget request which includes significant cuts to Indian Affairs programs while increasing defense funding by 40 percent. The President’s proposed $1.5 trillion in defense spending would be the highest military expenditure in United States history. To offset these increases, the budget proposes to cut Indian Affairs and other domestic programs by $73 billion.  The Bureau of Indian Affairs (BIA) Budget in Brief can be found here , and Bureau of Indian Education Budget in Brief can be found here . As described in these and other budget documents, BIA funding would be cut by $744 million, the Indian Housing Block Grant Program could be cut by 34 percent, and the President again proposes to eliminate the Indian Loan Guarantee Program. Tribes are encouraged to contact their Congressional Delegations about these proposed cuts.  The FY 2027 budget also includes some targeted increases in health and infrastructure initiatives. The budget proposed $19 million for Indian tribes to participate in a new “Make America Healthy Again” initiative and provides a $27 million increase for the Reservation Drinking Water Program to improve wastewater infrastructure. The FY 2027 budget also introduces several legislative proposals that would fundamentally alter the administrative and financial landscape of the federal-tribal relationship.  Proposed Program Eliminations  Low Income Home Energy Assistance Program (LIHEAP). LIHEAP provides federal funding directly to Tribal governments to help eligible households manage costs associated with home heating, cooling, and energy-related crisis intervention.  Community Development Financial Institutions (CDFI) Fund. The CDFI Fund manages the Native American CDFI Assistance (NACA) Program, which provides specialized grants and technical assistance to Native-led financial institutions to increase access to capital, credit, and financial services specifically for Native American, Alaska Native, and Native Hawaiian communities.  Minority Business Development Agency (MBDA). The MBDA manages the American Indian, Alaska Native, and Native Hawaiian (AIANNH) Projects, which provide Tribal entities with technical assistance in strategic planning, federal procurement, and transformative economic development to drive job creation and capital access.  Indian Land Consolidation Program (ILCP). The ILCP seeks to reduce fractionation by purchasing small, undivided factional interests in trust or restricted land from willing sellers and restoring that land into tribal trust land ownership.  Tribal Wildlife Grants. Tribal Wildlife Grants are used to provide technical and financial assistance to Tribes for the development and implementation of programs that benefit fish and wildlife resources and their habitat.  Bureau of Indian Affairs. $1.8 billion. A $744 million cut from FY 2026 levels enacted by Congress. This includes the following funding:  Operation of Indian Programs. $1.3 billion. A $703 million cut from FY 2026 enacted.  Contract Support Costs. Fully funded at $215.9 million.  Construction. $88 million. A $97 million cut from FY 2026 enacted.  Road Maintenance. $27 million. A $12 million cut from FY 2026 enacted.  Public Safety and Justice. $560 million. A $10 million cut from FY 2026 enacted.  Public Safety and Justice Construction. $46 million. A $2 million cut from FY 2026 enacted.  Bureau of Indian Education. $933 million. A $437 million cut from FY 2026 levels enacted by Congress. This includes the following funding:  Operation of Indian Education Programs. $894 million. A $238 million cut from FY 2026 enacted.  Education Construction. $35 million. A $200 million cut from FY 2026 enacted.  Bureau of Trust Funds Administration. $90 million. A $10 million cut from FY 2026 enacted.  Historic Preservation Fund. $11 million. A 95% cut from FY 2026 enacted. The Historic Preservation Fund provides funding for State and Tribal Historic Preservation Offices among other programs.  Indian Health Service. $9.1 billion for the Indian Health Service (IHS) which is a $1 billion increase over FY 2026 enacted levels, including:  Advance Appropriations. $5.6 billion for FY 2028.  Electronic Health Records (EHR) System. $287.07 million for EHR modernization, a $96.44 million increase.  Contract Support Costs. Fully Funded at $1.96 billion.  105(l) lease agreements. Fully funded at $929 million.  Hospitals and Health Clinics. $2.84 billion. A $202.6 million increase over FY 2026 enacted.  Purchase/Referred Care. $1.05 billion. A $57.7 million increase.  Sanitation Facilities Construction. $14 million. A $94 million cut from FY 2026 enacted.  Special Diabetes Program. $49 million. A $150.6 million cut from FY 2026 enacted.  Food Distribution Program on Indian Reservations (FDPRI). The budget allocates $271 million for food distribution. This is a $36 million increase over FY 2026. The FY 2026 report language mandates immediate U.S. Department of Agriculture (USDA) accountability for recent supply chain failures while directing a long-term shift toward Tribal self-determination and localized food procurement for the FDPIR program.  This includes directing the USDA to provide a briefing within 60 days detailing corrective actions taken after the failed consolidation of FDPIR and Commodity Supplemental Food Program into a single warehouse model; Submitting a plan to expand “638” contracting authority beyond current pilots to transition FDPIR management directly to Tribes; and streamlining administrative requirements to facilitate the direct purchase of food from local and regional producers. A formal report on existing barriers is due within 180 days.  Proposed Legislative Language Included in the Interior Budget  Expediated Review of Interior Board of Land Appeals and Interior Board of Indian Appeals Cases . This proposal establishes a strict timeline to resolve administrative appeals within the Department of the Interior. If an appeal has been pending for over 18 months, all appellants may jointly request an expedited review, which mandates a final decision within 6 months. If the Board fails to meet this deadline, the original agency decision automatically becomes the “final agency action,” allowing the parties to bypass further administrative delays and proceed directly to Federal Court for judicial review.  Tribal Agreements under the Indian Self-Determination and Education Assistance Act. This provision allows the Bureau of Indian Affairs and IHS to cancel certain funding increases that were gained through administrative “automatic” or administrative approvals. This bypasses the usual legal protections that keep contract amounts stable, the agencies are prohibited from reducing any more than the exact amount of that specific increase.  Office of Navajo and Hopi Indian Relocation Elimination. This provision seeks to eliminate the Office of Navajo and Hopi Indian Relocation program by inserting an effective date of September 30, 2026.  Skenandore Wilson LLP is dedicated to the representation of Tribal Nations, Tribal entities, and individual Tribal members throughout Indian Country.  Our mission is to support and advance the sovereignty, self-sufficiency, and self-governance of our Tribal clients.   To learn more about how we can assist you, contact us at info@skenandorewilson.com   or 608-608-1210.

3/13/2026 WASHINGTON, D.C.   –  On February 23, 2026, Secretary Burgum signed a final rule cutting over 80 percent of the Department of the Interior’s (Interior) existing National Environmental Policy Act (NEPA) regulations. Interior’s new NEPA procedures incorporate deadlines for NEPA reviews and page limits for NEPA documents. Project sponsors can also pay a fee for expedited NEPA processing. Interior reports that it took this action in support of the President’s “commitment to unleash American Dominance and responsible resource use, in addition to strengthening national security and restoring common sense to federal permitting.” The vast majority of Interior’s NEPA procedures were moved from the Code of Federal Regulations to Interior’s NEPA Handbook which is available here. Interior’s NEPA Handbook provides that Environmental Assessments (EA) must be completed within one year and cannot exceed 75 pages. Environmental Impact Statements (EIS) must be completed within two years and cannot exceed 150 pages or 300 pages for very complex actions. If an Interior bureau fails to meet these deadlines, project sponsors may seek judicial review. Interior’s NEPA Handbook also allows project sponsors to pay a fee for expedited NEPA processing. The ability to pay for expedited processing was included as an amendment to NEPA in the One Big Beautiful Bill, Public Law 119-21, that passed Congress on July 4, 2025. This amendment to NEPA, codified at 42 U.S.C. § 4336f, allows project sponsors to pay 125 percent of the anticipated costs of preparing an EA or EIS as a fee for expedited processing. After paying the fee, an EA must be completed within 180 days and an EIS must be completed within one year. Interior dramatically altered its NEPA process and added the ability of project sponsors to pay for expedited processing without any Tribal Consultation. Executive Order No. 13175 and Interior’s own Tribal Consultation Policy require that federal agencies engage in meaningful consultation with Tribal governments on policies that have tribal implications. However, Interior concluded that the changes to its NEPA regulations were only “procedural” or “deregulatory,” and did not trigger any requirement for Tribal Consultation. The final rule and Interior’s explanation for why Tribal Consultation was not necessary is available here. Skenandore Wilson LLP is dedicated to the representation of Tribal Nations, Tribal entities, and individual Tribal members throughout Indian Country.  Our mission is to support and advance the sovereignty, self-sufficiency, and self-governance of our Tribal clients.   To learn more about how we can assist you, contact us at info@skenandorewilson.com   or 608-608-1210.

2/15/2026 WASHINGTON, D.C.   –  On January 13, 2026, the Environmental Protection Agency (EPA) announced a Proposed Rule that would limit the ability of Indian Tribes to review and approve infrastructure projects that may impact Tribal waters.  Section 401 of the Clean Water Act (CWA) provides Indian Tribes and states, the ability to review and approve any federal license or permit for the construction or operation of facilities that will result in a discharge into Tribal waters.  This includes pipelines, mines, dams and any other project that needs a federal license or permit. EPA is proposing two critical limitations on the ability of Tribes to review these projects: First, EPA would narrow CWA Section 401 review to a “discharge-only” focus, in contrast to the current “activity-based” review.  This would ignore all the impacts that an activity may have on Tribal waters beyond simple discharge. Second, EPA would eliminate the ability of Tribes to obtain standalone CWA Section 401 authority.  Under the current regulations, Tribes can apply under the CWA to obtain “treatment in a manner similar to a state” status and specifically seek Section 401 authority to review and approve infrastructure projects impacting Tribal waters.  Under the Proposed Rule, EPA would require Tribes to develop a full water quality standards program under Section 303(c) of the CWA as a prerequisite for exercising Section 401 authority.  EPA states that the Proposed Rule is necessary to return Section 401 to its “proper statutory purpose.”  The Proposed Rule is available here .  Comments on the Proposed Rule are due February 17, 2026. In a report summarizing Tribal consultation held during the Summer of 2025, EPA writes that Indian Tribes “unanimously opposed” the Proposed Rule.  The EPA Summary Report provides a good description of the unanimous Tribal opposition.  EPA reports that: Tribes collectively emphasized Tribes have a fundamental responsibility and right to prevent, reduce, and eliminate pollution. Tribes noted that section 401 of the Clean Water Act is an important tool that empowers Tribes to protect their aquatic resources from potential adverse impacts of federally licensed or permitted projects. The summary report is available here. While the summary report states that “EPA considered the Tribal input in the development of the proposed rule,” it is unclear whether EPA resolved or addressed the unanimous opposition of Tribes to the Proposed Rule.  EPA’s Policy on Consultation and Coordination with Indian Tribes requires that EPA address comments provided by Tribes.  Even if Tribes cannot file comments by the February 17, 2026 deadline, Tribes may still submit comments to EPA as a part of EPA’s obligation to maintain open and ongoing consultation with Indian Tribes. Skenandore Wilson LLP is dedicated to the representation of Tribal Nations, Tribal entities, and individual Tribal members throughout Indian Country.  Our mission is to support and advance the sovereignty, self-sufficiency, and self-governance of our Tribal clients.   To learn more about how we can assist you, contact us at info@skenandorewilson.com   or 608-608-1210.

2/9/2026 WASHINGTON, D.C.   –  On February 4, 2026, the Government Accountability Office (GAO) released a report quantifying the impact of the Administration’s reductions in force on Indian Affairs programs and services. In brief, GAO found that Indian Affairs’ job cuts left critical vacancies impacting the effectiveness of programs that support law enforcement, schools, and natural resource management. GAO also noted that there is a hiring freeze in place, and the Department of the Interior has been able to obtain waivers to make some hires. Following a series of presidential directives and guidance from the Secretary of the Interior, the Indian Affairs (IA) workforce saw a net decrease of 11%, dropping from 7,470 to 6,624 employees. This loss of 846 staff members was primarily driven by: two Deferred Resignation Programs (DRP); a government-wide hiring freeze; and early retirements from senior-level experts seeking to avoid future involuntary Reductions in Force (RIF). While the agency shielded essential roles, such as law enforcement and social work, from voluntary separation programs, the resulting loss of senior institutional knowledge has been profound. The full GAO report is available here. The GAO report highlights the tension between the goal of federal “efficiency” and the reality of agency operations. Key findings include: Administrative Bottlenecks: Remaining staff have been forced to absorb extra duties, leading to significant delays in permitting and grant administration. Legal Obligations: Tribal leaders expressed serious concerns that a leaner workforce hinders the federal government’s ability to meet its fundamental legal and treaty obligations. Uncertain Return on Investment: As of December 2025, Indian Affairs has yet to analyze the actual cost savings or the long-term operational impacts of these cuts. While IA officials currently have no plans for further staff reductions, the agency’s structure remains in flux. In mid-2025, Interior held tribal consultations to discuss the potential consolidation of certain functions. While IA has not yet been directed to reorganize to the same extent as other agencies within Interior, the Acting Deputy Assistant Secretary for Management noted that restructuring may still be necessary to align with administration priorities. The Fiscal Year 2026 appropriations process could also determine if further changes are necessary. Depending on the final budget amounts and statutory language, IA may be required to realign existing functions to fit new fiscal realities. These staffing shortages may also translate to slower turnaround times for critical approvals. As IA navigates potential restructuring, monitoring Interior’s workforce planning will be vital for tribes to ensure consistent service delivery. The following chart from the GAO report shows 2025 separations across Interior’s primary Indian Affairs Offices and Bureaus. Skenandore Wilson LLP is dedicated to the representation of Tribal Nations, Tribal entities, and individual Tribal members throughout Indian Country.  Our mission is to support and advance the sovereignty, self-sufficiency, and self-governance of our Tribal clients.   To learn more about how we can assist you, contact us at info@skenandorewilson.com   or 608-608-1210.

1/20/2026 WASHINGTON, D.C.   –  With a January 30, 2026 deadline approaching, Congress made more progress passing appropriations bills to keep the Federal government open.  Bills to provide Fiscal Year (FY) 2026 funding for the Department of the Interior, the Indian Health Service, Environmental Protection Agency, and other key agencies passed Congress last week.   Funding for Interior and Indian Health Service has passed Congress as a part of a three bill “minibus” spending package.  The package passed the Senate in a bipartisan 82-15 vote.  The package passed the House in the prior week and is now headed to the President’s desk for signature.  The package includes funding for Interior-Environment, Commerce-Justice-Science, and Energy-Water. This package rejects nearly $1 billion in proposed cuts to Indian Country and secures essential funding for healthcare, public safety, and infrastructure.  Congress will next consider bills to fund the Department of Homeland Security, Labor, Health and Human Services, Education, Transportation, and the Department of Housing and Urban Development which includes tribal housing programs.  Even if these final bills do not pass before the January 30th deadline, at a minimum, Interior and the Indian Health Service will remain open. Below is a summary of the “minibus” package passed by Congress which will be sent to the President for enactment into law: Indian Health Service (IHS) The bill provides a total of $8.05 billion in total resources for IHS, a program increase of $87.1 million over fiscal year 2025, ensuring that clinics and hospitals can stay open and staffed. Advance Appropriations:  The bill includes $5.31 billion in advance appropriations for FY 2027.   Urban Indian Health:  Funding for Urban Indian Organizations (UIOs) saw a boost to $95.42 million, a $5 million increase over FY 2025 levels. Staffing for New Facilities:  $42.32 million to ensure newly constructed clinics are fully staffed. Dental Health: $260.36 million, representing a $6.24 million increase. Produce Prescription Pilot: $7 million, a $4 million increase, to expand access to traditional foods and nutrition. Tribal Epidemiology Centers : $39.43 million, a $5 million increase for critical data and health tracking. Sanitation Facilities:  $107.94 million for clean water and waste systems, a $1.3 million increase. Health Care Facilities Construction:  $184.68 million, including $13 million specifically for staff housing to help recruit doctors to remote areas. Bureau of Indian Affairs (BIA) The BIA received approximately $2.49 billion, with a heavy emphasis on public safety. Public Safety and Justice:  $570.06 million, a $14.5 million increase to support Tribal law enforcement and courts. Missing and Murdered Indigenous Women (MMIW) Initiative:  $18.5 million, a $2 million increase. Forensics & DNA:  $48 million for Tribal technical resources in criminal investigations. Indian Guaranteed Loan Program:  $13.3 million, successfully restored after being targeted for elimination. Full funding for Contract Support Costs and Tribal 105(l) leases. Bureau of Indian Education (BIE) $1.13 billion for BIE, with $834 million for school operation costs.   $234.7 million for the construction and repair of BIE-funded schools to help address the backlog of infrastructure needs. Other Notable Amounts Tribal Historic Preservation:  $23.75 million for Tribal Historic Preservation Offices (THPOs). Tribal Forestry:  Over $310 million for forest management. Tribal Energy Loan Program:  $6.3 million to support Tribal energy projects. Water Rights & Rural Water:  The bill includes $75 million for rural water projects, which supports both Tribal and non-tribal water infrastructure, particularly in the West. Wildlife Grants:  $6.2 million in competitive grants via the U.S. Fish and Wildlife Service. Skenandore Wilson LLP is dedicated to the representation of Tribal Nations, Tribal entities, and individual Tribal members throughout Indian Country.  Our mission is to support and advance the sovereignty, self-sufficiency, and self-governance of our Tribal clients.   To learn more about how we can assist you, contact us at info@skenandorewilson.com   or 608-608-1210.

1/9/2026 WASHINGTON, D.C.   –  On January 8, 2026, the U.S. House of Representatives passed three government spending bills including the Fiscal Year 2026 Interior, Environment, and Related Agencies Appropriations bill by a bipartisan vote of 397-28.  The three bills were passed as a “minibus” appropriations package that is now headed to the Senate.  Quick action is needed to prevent another Federal government shutdown impacting the U.S. Department of the Interior on January 30, 2026. Under the leadership of House Appropriations Chairman Tom Cole (Chickasaw of Oklahoma), the bill represents a significant victory for Indian Affairs programs, prioritizing fiscal stability and budget certainty for healthcare, public safety, and infrastructure.   The bill rejects nearly $1 billion in cuts to Indian Affairs programs that had been proposed by the Trump Administration.  Overall, the bill would provide $2.4 billion for the Bureau of Indian Affairs (BIA).   The bill also provides $5.3 billion in advance appropriations for Indian Health Service (IHS) for Fiscal Year 2027.  Securing these funds now ensures that Tribal healthcare systems, which serve 2.5 million people, can continue to operate through 2027 without the disruptions caused by government shutdowns or funding gaps.  In total, the bill provides $8.05 billion for IHS, including $42.32 million to fund staffing at new facilities. As a part of BIA funding, the Committee prioritized Tribal law enforcement, providing $570.06 million for Public Safety and Justice programs, a $14.5 million increase above previous enacted levels.  Key provisions include: The Missing and Murdered Indigenous Women program has been allocated $18.5 million, an increase of $2 million over the previous funding level; and $48 million for DNA-related and forensic activities, providing Tribes with the technical resources necessary for complex criminal investigations. The Bureau of Indian Education (BIE) is slated to receive $1.37 billion in approved funding, with $234.7 million specifically dedicated to school facilities to help provide students with safe, modern learning environments.  The bill also maintains funding for the Indian Guaranteed Loan Program ($13.3 million) and the Tribal Energy Loan Program ($6.3 million), empowering Tribes to continue pursuing energy independence and economic diversification. The bill supports the stewardship of Tribal lands and heritage through: $23.75 million for Tribal Historic Preservation Offices; Over $310 million for Tribal forestry management; and $6.2 million in competitive grants for wildlife programs through the U.S. Fish and Wildlife Service. The budget certainty provided by the bill creates a unique opportunity for long-term contracting, infrastructure planning, and healthcare staffing. We recommend that Tribes begin reviewing their strategic plans now to ensure they are positioned to maximize these funding streams. Skenandore Wilson LLP is dedicated to the representation of Tribal Nations, Tribal entities, and individual Tribal members throughout Indian Country.  Our mission is to support and advance the sovereignty, self-sufficiency, and self-governance of our Tribal clients.   To learn more about how we can assist you, contact us at info@skenandorewilson.com   or 608-608-1210.