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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.

12/12/2025 WASHINGTON, D.C. - On November 18, 2025, the U.S. Department of Education (ED) announced a sweeping reorganization, utilizing interagency agreements to move key functions to other federal departments.  This move fulfills President Trump’s campaign promise to close the agency and streamline bureaucracy, but it will directly impact programs that fund and oversee the education of Native children and college students.  Most critically, these actions were taken without tribal consultation, in violation of the federal government’s treaty and trust responsibility to Indian Tribes and Executive Order 13175 on Tribal Consultation.  The announcement to transfer the ED programs can be found here. Officials are planning to move six ED offices into four separate agencies, most notably transferring the Office of Indian Education (OIE) to the Bureau of Indian Education (BIE) at the Department of the Interior.  Stakeholders warn that eliminating ED and transferring OIE could disrupt funding and resources for essential programs, including Individuals with Disabilities Education Act (IDEA) services, Impact Aid, and ESSA Title VI programs.  The plan to transfer the ED programs to BIE can be found here. The move is also seen as a threat to the survival of Tribal Colleges and Universities (TCUs), which rely on federal funds for nearly 75% of their budget.  Tribal leaders state that transferring post-secondary oversight to the BIE, which has a documented history of management and staffing challenges, threatens the stability and accreditation of these vital institutions.   Despite the lack of consultation, ED officials state they have not yet started the transfers and plan to conduct tribal consultation, though specifics have not been given.  Assistant Secretary of Indian Affairs Billy Kirkland has stated that the Department of the Interior plans to “engage closely” with Tribes and education stakeholders. Skenandore Wilson LLP remains engaged in a government-to-government capacity and will provide timely analysis and updates on the consultation process and the status of the transfers. 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.

12/10/2025 ONEIDA, WISCONSIN – In a significant win for Tribal sovereignty and the restoration of Tribal land bases, the U.S. District Court for the Eastern District of Wisconsin issued a Decision and Order on December 2, 2025 affirming the Department of the Interior’s (DOI) decision to take 499 acres of land into trust for the Oneida Nation under Section 5 of the Indian Reorganization Act (IRA).  The court emphatically denied the Village of Hobart’s motion for summary judgment, thereby upholding the IRA’s fee-to-trust mechanism against sweeping constitutional and administrative challenges.  This ruling represents a critical affirmation of the federal government’s trust responsibility and Congress’s plenary power over Indian affairs, reinforcing the foundation of Tribal land acquisition nationwide.  The court’s decision can be found here. Legally, the decision sets important and favorable precedents for Tribes on two major fronts.  First, the court definitively rejected the Village’s assertion that Section 5 of the IRA is an unconstitutional delegation of power (the nondelegation doctrine) or that it exceeds Congress’s authority under the Indian Commerce Clause.  Consistent with other circuit courts, the Eastern District upheld the IRA’s constitutionality, securing the broad discretion afforded to the Secretary of the Interior to acquire land “for the purpose of providing land for Indians.”  This validation ensures the IRA remains a powerful and legally sound tool for Tribes seeking to restore their homelands and rebuild their economies.  Second, the court dismissed the Village’s claims of administrative bias and due process violations under the Administrative Procedures Act, including challenges to the BIA’s funding-sharing mechanisms like the Midwest Memorandum of Understanding or MOU, designed to expedite the fee-to-trust process.  The court validated the Regional Director’s independent review and affirmed that the agency’s consideration of regulatory factors was not arbitrary or capricious. The implications for Tribes are clear and significant.  This ruling provides a strong judicial endorsement of the BIA’s current, streamlined administrative procedures, signaling that efforts to accelerate fee-to-trust applications are legally permissible and do not constitute bias.  For the Oneida Nation and Tribes across the country, this victory reaffirms the stability of the fee-to-trust process, strengthening tribal governmental authority, enhancing jurisdictional clarity, and securing vital resources for economic development and self-governance. 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.

11/24/2025 WASHINGTON, D.C. – The recently enacted FY 2026 Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026, H.R. 5371, a part of a larger continuing resolution to fund and reopen the federal government last week, includes a major provision set to dramatically reshape the hemp industry. Effective November 12, 2026, the new law revises the federal definition of hemp and establishes a broad ban on most intoxicating hemp-derived products. This significant change could immediately and severely impact existing Tribal hemp industries and investments, many of which are operational under the USDA-approved programs. In quick response, Tribes quickly mobilized to respond to the federal ban by presenting an Emergency Resolution SEA-25-130, Supporting Safe Regulation of Hemp-Derived Cannabinoids in Indian Country and Protecting USDA-Approved Tribal Hemp Programs at the National Congress of American Indians’ (NCAI) 82nd Annual Convention. The Hemp “Loophole” These new restrictions close the perceived regulatory “loophole” created by the 2018 Farm Bill, which allowed growers to produce hemp-derived cannabinoid products, such as Delta-8 THC found in many popular hemp-derived beverages and edibles, that could deliver a marijuana-like “high.” THC, or tetrahydrocannabinol, is the main psychoactive compound in the cannabis sativa plant that causes the intoxicating effects or “high” when people use it. The cannabis plant produces more than 100 cannabinoids, the most popular being THC and CBD (cannabidiol). The 2018 Farm Bill removed hemp from the federal Controlled Substances Act, effectively legalizing CBD if it comes from hemp, making it a legal agricultural commodity. Hemp products with less than 0.3% tetrahydrocannabinol (THC) by dry weight, can be legally grown, processed, and sold. The Farm Bill did not account for other forms of THC, known as isomers, or certain chemical processes that can synthetically convert non-intoxicating CBD into psychoactive compounds, like delta-8 THC. This allowed manufacturers to produce and sell products that might provide the effects of a high through retail channels, including gas stations and online sales, short of regulations that addressed testing, safety and age restrictions. All states have legalized access to hemp-derived CBD in a variety of forms, however, the legality of CBD products differs from state-to-state, thereby providing access to CBD products across the nation that may offer intoxicating effects. The New Federal Hemp Ban The new law redefines what legal hemp is and bans finished hemp products that contain more than 0.3% of total THC per container. This updated and reduced threshold level is expected to ban many current consumable products that make up the estimated $28 billion-dollar industry, including a wide array of beverages and gummies. The updated definition focuses on total THC for finished products, counting all forms of THC, including THCA and other psychoactive cannabinoids, rather than just Delta-9 THC on a dry weight basis. The new law prohibits any product that contains more than 0.4 milligrams of combined total THC and any other cannabinoid that produces “similar effects.” The new law also effectively prohibits any cannabinoids synthesized or manufactured outside of the natural cannabis plant, directly targeting compounds like Delta-8 THC that are commonly derived from hemp-based CBD. This means that hemp cannabinoids that do not exist naturally in the plant will be banned and cannabinoids that do exist naturally but are synthesized or manufactured outside of the plant will also be banned. Finally, the law also mandates that the Food and Drug Administration (FDA) and other relevant agencies issue guidance within 90 days to identify all cannabinoids that will be impacted by the new definition, which will ultimately create a clear “allowed vs. prohibited” list. Impacts on Tribes and States The federal ban overrides the existing regulatory frameworks of several states and effectively preempts established state hemp programs, as well as United States Department of Agriculture (USDA)-approved Tribal hemp programs. This federal ban severely impacts the principles of tribal sovereignty and self-determination by impacting a tribal government’s right to regulate economic activity within their own lands. Though state and tribal regulatory frameworks varied widely, states and tribes that prohibit recreational cannabis and where hemp-derived product consumption is resultingly higher, will be the most affected. The new federal law calls for states to modify their laws, leading to uncertainty as to how and when. States will likely push back and opt to regulate hemp THC products under existing state-regulated cannabis systems as opposed to implementing full prohibition. Tribes will also face the complex challenge of defending their inherent right to govern and profit from their hemp enterprises. Consequences of the Federal Hemp Ban The booming U.S. hemp industry will face a devastating blow as the federal ban will not only ban many products like gummies, vapes, beverages, and topical creams with more than the allowable THC content, the new federal hemp ban will unintentionally apply to many nonintoxicating CBD products. The new THC limit requires all cannabinoids found in products to count towards “total THC” effectively banning certain hemp products that use multiple types of cannabinoids or concentrations more than 0.3% of total THC in the production process. The ban will create significant economic impacts nationwide, including lost jobs and state tax revenue, especially in states where hemp product consumption is high due to state bans on recreational cannabis. In states where some hemp-derived cannabis product sales may continue, doing business across state lines may be impacted. This new federal law also threatens to negatively impact years of investment, job creation, and the exercise of Tribal regulatory power. Unlike states, which may have the legal infrastructure to transition products to existing state-regulated cannabis systems, tribes will face a more complex dilemma. The ban will force tribes to either stop established legal commerce or pursue expensive and lengthy legal challenges to defend their sovereign right to control and profit from hemp enterprises on their own territory. The ban will also bring significant banking challenges already faced by the recreational cannabis industry. Consumers will lose access to many hemp-derived products that they rely on for medicinal or wellness purposes and are likely to turn to the black market. As the federal agencies hone in on specifics of the ban, we can expect more far-reaching consequences for consumers, manufacturers, retailers, and farmers. Legal Challenges and Advocacy The one-year grace period provides the industry and advocates with time to assess, prepare and take immediate action, including advocacy for a more tailored and workable federal regulatory framework. Tribes and tribal enterprises engaged in hemp-derived product market are encouraged to contact their congressional delegations to share impacts that this new definition will have on their tribal hemp industry and economy. The NCAI Emergency Resolution SEA-25-130, titled "Supporting Safe Regulation of Hemp-Derived Cannabinoids in Indian Country and Protecting USDA-Approved Tribal Hemp Programs," is an urgent, collective tribal response to the federal ban in the FY2026 Appropriations Act. The core message of the resolution is that the federal government should not undermine the significant economic investments and regulatory frameworks built by Tribes, but rather support safe, effective, and sovereign Tribal regulation of these products on their lands. The resolution emphasizes that the federal government must respect and preserve tribal sovereignty by recognizing the regulatory authority Tribal Nations already established under the 2018 Farm Bill. It also calls upon Congress and USDA to amend or revise the new ban to exempt USDA-approved Tribal hemp programs from the restrictive changes. Skenandore Wilson LLP continues to actively monitor all updates related to the hemp and cannabis industry. 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.

11/17/2025 WASHINGTON, D.C. – The Continuing Resolution and other appropriations bills passed by Congress to end the Federal government shutdown included provisions to prevent further Reductions in Force (RIF) until January 30, 2026.  The bill language states that "no federal funds may be used to initiate, carry out, implement, or otherwise notice a reduction in force to reduce the number of employees within any department, agency, or office of the Federal Government."  On January 30, 2026, the Continuing Resolution funding most of the government ends and RIFs may resume unless Congress acts to prevent further RIFs. The Department of the Interior (Interior) had plans to eliminate over 2,000 positions across the Bureau of Land Management (BLM), the Bureau of Reclamation (BOR), the U.S. Geological Survey, and other bureaus.  Positions within the Bureau of Indian Affairs did not appear on the latest list made public by Interior.   While not directly impacting the Bureau of Indian Affairs, cuts to BLM, BOR, and other Interior offices, including, Regional Offices in Montana and Arizona, Information-Technology, Grants Management, and more will directly and in-directly impact management of Indian trust resources.  For example, on most Indian lands, the BLM approves Applications for Permits to Drill (APDs) for oil and gas resources.  Cutting BLM staff in areas where Indian tribes are developing these resources will impact the ability of tribes to develop their resources. Interior filed its list with the Federal District Court that had issued a Temporary Restraining Order effectively prohibiting implementation of most RIF plans during the Federal government shutdown.  Interior’s RIF plans submitted to the Court are available here.   Interior Initially argued to the Court for continuing RIF plans during the shutdown.  Interior later reversed course, stating all RIF actions are on hold, citing a lapse in appropriations.  Stakeholders monitoring Interior anticipate that RIFs actions will start back up on January 30, 2026 unless Congress takes action to prevent further RIF plans. 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.

11/7/2025 Washington, D.C. – On October 29, 2025, the Senate Committee on Indian Affairs held an oversight hearing focused on the “Impacts of Government Shutdowns and Agency Reductions in Force on Native Communities.”  Witnesses discussed the consequences of potential lapses in funding for critical programs like the Supplemental Nutrition Assistance Program (SNAP), the Community Development Financial Institution (CDFI) Fund, and the Low Income Home Energy Assistance Program (LIHEAP). A central focus of the hearing was the November 1st deadline for potential SNAP funding expiration. Witnesses expressed serious concerns, detailing how Tribes are preparing to step in to prevent community members from going hungry.  Preparedness efforts include tapping into Tribal funds to ensure food security, seeking lines of credit, creating food banks, and utilizing hunting and traditional foods to guarantee food to families. Senator Smith emphasized the federal government's legal obligation, highlighting that part of the trust and treaty responsibility was “to provide nutrition assistance, housing, other fundamental basics as part of the Treaties that we signed. This is not a nice-to, it’s not a may, it is a shall.” Senator Murkowski also inquired about LIHEAP and how long Tribes knew those funds would be available. Witnesses indicated that while Tribes are processing applications, they are unsure if LIHEAP funding will arrive on November 1st. The lack of clarity has immediate, serious implications, as one witness testified that if funds are delayed, many people, “especially the elderly will have to make tough decisions between food, heat, or purchasing medicine.” The hearing also highlighted the impact of a proposed abolishment of the CDFI Fund. Witnesses warned that eliminating the fund would cut off the federal certification process-an “official stamp of approval” that Native CDFIs use to secure significant private and non-federal investments for homes, farms, and other business developments. The biggest ongoing challenge, they added, is coordinating federal programs to meet capital needs for home mortgages in Indian Country. As the hearing concluded, Senator Murkowski stated she was more optimistic about being able to pass a spending bill, but it just seems there are more concerns coming up with each passing day, and “there’s no good reason for a shutdown ever.”   The hearing and witness testimony may be viewed at the Committee website: https://www.indian.senate.gov/hearings/oversight-hearing-entitled-impacts-of-government-shutdowns-and-agency-reductions-in-force-on-native-communities/ 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.

11/5/2025 Washington, D.C. – On October 29, 2025, the Senate Committee on Energy and Natural Resources held a hearing to examine the Section 106 consultation process under the National Historic Preservation Act (NHPA). Chairman Lee opened the hearing commenting that “When a law written to protect our past starts to block our future, it can be worth examining where we are and how we got here.” He continued by calling the NHPA and Section 106 process “a narrow procedural safeguard has evolved into a sprawling unpredictable process.” Senator Lee claimed that the Section 106 process and broad or ambiguous terms defining the Area of Potential Effects (APE) caused delays in approving energy projects. Senator Lee cited 5 projects in his opening remarks. All of these projects would impact tribal historic and cultural resources. In contrast, Ranking Member Heinrich stated that “We can and must build the energy infrastructure our economy and our climate need while also preserving our history and our heritage. We can do both.” He also cited the loss of staff and resources needed to process permits as resulting in permit delays. He stated, “If there is no one at the desk, you cannot get a permit.” Witnesses included the Pueblo of Acoma Tribal Historic Preservation Officer, the Utah State Historic Preservation Officer, and the Environmental Manager for the Montana-Dakota Utilities Companies. Witnesses discussed the importance of consulting with Tribes early in the process to ensure projects are completed in a timely or quick manner. Witnesses also indicated that Tribal Historic Preservation Offices (THPOs) need more funding, as new THPOs are created without a corresponding increase in the budget. When Senator Cortez Masto asked how federal reductions in force (RIF) have affected the work of states and Tribes, witnesses described the pressure to do the work and carry the additional load that would otherwise be done by federal employees. The hearing and witness testimony may be viewed at the Committee website ( https://www.energy.senate.gov/hearings/2025/10/full-committee-hearing-to-examine-section-106-of-the-national ). 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.

06/17/2025 Washington, D.C. – President’s Discretionary Budget Request can be found here . Technical Supplement to the Budget Request can be found here . Department of the Interior’s Budget in Brief, which oversees a majority of Indian Country programs, can be found here . Indian Health Service Congressional Justification Plan can be found 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.

05/20/2025 Washington, D.C. – Over the last month, the U.S. Department of the Interior (“Interior”) issued two tribal consultation notices: first, on the reorganization of Interior, and second, on the streamlining of energy permits.  These two consultation notices have been combined into a single consultation that will address two serious and significant issues facing tribal nations.  Regional tribal consultations on both issues start today, May 20, 2025, and written comments on both are due on July 7, 2025. On April 14, 2025, the Acting Assistant Secretary for Indian Affairs (the “Acting ASIA”), Scott Davis, issued a notice for Tribal Consultation on the Proposed Reorganization of the Department of the Interior .  Some may recall former Interior Secretary Ryan Zinke’s efforts under the first Trump Administration to reorganize Interior.  Tribes successfully advocated to be excluded from that reorganization due to potential impacts on treaty and trust responsibilities. Interior is now proposing “restructuring of Indian Affairs to support more efficient interactions with Tribes.”  This includes efforts “to improve efficiency through staffing changes, resource sharing, process improvements, and potential consolidation of programs and offices.”  Interior is also proposing to increase support for Tribal Self-Governance and Self-Determination contracts and “provide Tribes with improved flexibility to foster economic growth, address the specific local needs of their communities, and increase pathways to self-determination and self-governance.” On May 1, 2025, the Acting ASIA issued a second notice for Tribal Consultation on Interior’s Energy Emergency Procedures  to take place at the same time as the first consultation.  Interior’s Energy Emergency Procedures were released following the President Trump’s declaration of a National Energy Emergency and are already being implemented by Interior.   Interior’s Energy Emergency Procedures  address streamlining under the National Environmental Policy Act (“NEPA”), Endangered Species Act (“ESA”), and National Historic Preservation Act (“NHPA”). Under NEPA, the procedures provide that Interior should complete review of qualified energy projects within 28 days. Under the ESA, Interior will provide expedited consultation on impacts to threatened or endangered species. Under NEPA, the procedures provide that Interior should complete review of qualified energy projects within 14 days for an EA and 28 days for an EIS. Please find attached the: 1) April 14, 2025 Consultation Notice on the Reorganization of the Department of the Interior; 2) May 1, 2025 Consultation Notice on Energy Emergency Procedures; and 3) Energy Emergency Procedures for NEPA, ESA, and NHPA. 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.