Skenandore Wilson LLP

11/09/2026

Let the 5th Annual ICIA D.C. Policy Summit begin!

11/09/2026

OMB PROVIDES INADEQUATE TRIBAL CONSULTATION ON INCREASED RESTRICTIONS AND REQUIREMENTS FOR FEDERAL AWARDS

WASHINGTON, D.C. – On November 4, 2026, the Office of Management and Budget (“OMB”) issued a Dear Tribal Leader Letter inviting Tribal Leaders to participate in consultation on proposed revisions to Title 2 of the Code of Federal Regulations (“2 C.F.R.”), which governs administrative requirements, cost principles, and audit requirements for federal awards, contracts and grants. OMB provided just three business days notice of this consultation, which is a totally inadequate amount of time to conduct meaningful Tribal consultation, engagement and input.
Rather than comply with federal Tribal consultation requirements,

OMB cites to its prior public comment period and acknowledges that it is conducting Tribal consultation on this critical issue, which will impact Tribes all across Indian Country, “on an expedited basis.”

OMB’s proposed revisions would significantly impact how Tribes and Tribal entities access, administer, manage, and account for federal funding. Changes to 2 C.F.R. also have the potential to directly affect Tribal governments, Tribal schools, and other Tribal entities’ ability to implement programs, meet federal requirements, exercise self-governance, and deliver essential services to their citizens and stakeholders.

OMB is offering the following opportunities to provide Tribal input:

IN-PERSON CONSULTATION
o Monday, November 9, 2026, 11:00 am – 12:30 pm (EST), Eisenhower Executive Office Building, 1650 Pennsylvania Ave NW, Washington, DC 20504, Room 430 [Registration for this event has already closed].

VIRTUAL CONSULTATION
o Tuesday, November 10, 2026, 4:30 pm to 6:00 pm.
o To RSVP for the Virtual Consultation, or ask questions: Contact the Office of Federal Financial Management at [email protected].

WRITTEN COMMENTS
o OMB states that written comments will be accepted for up to 5 business days following the consultation sessions.

In summary, OMB’s proposed Tribal Consultation schedule does not amount to meaningful government-to-government consultation and would leave critical Tribal perspectives out of decisions that directly impact Tribal programs, resources and services.

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 [email protected] or 608-608-1210.

11/09/2026

Skenandore Wilson LLP Recognized as a Tier 1 Wisconsin Best Law Firm in Native American Law for a Second Year in a Row!

According to U.S. News - Best Lawyers, the firm's national ranking reflects a comprehensive evaluation based on exceptional client feedback and the high regard the firm has earned among its peers in the legal profession.

Skenandore Wilson LLP a majority Native and woman-owned full-service national law firm has offices in Madison, Wisconsin, and Washington, D.C., represents Tribal Nations, Tribal businesses, Tribal organizations, and individual Tribal members throughout Indian Country. The firm is dedicated to advancing Tribal interests through premier legal services, government relations, business development, and litigation strategies focused on protecting Tribal sovereignty, jurisdiction, economic interests, and natural and cultural resources.

We are honored to receive this recognition for a second year in a row and remain committed to serving our clients and Indian Country with excellence, integrity, and dedication.

10/08/2026

Skenandore Wilson LLP is grateful to the National Intertribal Tax Alliance for the opportunity to share insights on the ever-evolving Tribal cannabis industry at the 28th Annual National Intertribal Tax Alliance's Annual Tax Conference being held at the Chinook Winds Resort in Lincoln City, Oregon. Skenandore Wilson's Chris Murray provided a summary of how rescheduling cannabis affects the bottom line for tribal cannabis businesses, how state taxes apply on and off reservation lands in certain states, where federal policy creates uncertainties, and introduced some of the latest models of tribal operations. Partner Samantha Skenandore provided an in-depth summary of the evolution and rapid development of the Tribal cannabis industry as the Firm tracks and supports the tribal sovereign right to govern and regulate plant medicine in their jurisdictions.

09/03/2026

Interior Finally Releases Guidance for Review of Tribal Wind and Solar Projects

WASHINGTON, D.C. – Indian Tribes interested in developing wind and solar projects on Tribal lands finally got some clarity from the Department of the Interior on the review process for those projects. More than one year ago, on July 15, 2025, Interior released an internal memorandum requiring all wind and solar projects on Tribal lands to be reviewed by Interior’s Office of the Secretary. The memorandum included 69 specific actions for the Secretary to review and did not provide any indication on how long the process would take or the standard of review. The memorandum was issued under President Trump’s Executive Order No. 14315, entitled “Ending Market Distorting Subsidies for Unreliable, Foreign-Controlled Energy Sources.”

Even though Interior has a Trust Responsibility to support the development of Tribal resources for the benefit of Indian Tribes, under the memorandum, Indian Tribes and their partners could not determine if wind and solar projects would ever get approved. The uncertainty created by the memorandum froze most wind and solar development on Tribal lands. The memorandum is available on our website.

On July 30, 2026, Interior released two National Policy Memoranda that provide more insight into the process, but also set out new requirements that are not included in the regulations. The Memoranda are entitled “Guidance on Actions Relating to Wind and Solar Projects,” and “Guidance on National Environmental Policy Act (NEPA) Routing Framework Relating to Wind and Solar Projects.” Both are available on our website. The Memoranda provide guidance on the role that specific officials will have in the review process and the information required to be submitted.

The Memoranda provide some insight into the wind and solar review process, but the process still ends with elevated review by the Office of the Secretary. For a well-developed project, Indian Tribes may be able to use the Memoranda to create a foundation for efficient review by the Secretary. However, more information is needed about the standard of review that the Secretary will apply and how Interior can create new requirements that are not included in the regulations. The Secretary’s standard of review must include Interior’s Trust Responsibility to support development of Tribal resources for the benefit of 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 [email protected] or 608-608-1210.

08/25/2026

📢⚠️⚖️ BREAKING: Department of the Interior Order to “Streamline and Expedite” Section 106 Process Issued without Tribal Consultation

WASHINGTON, D.C. – On August 20, 2026, Interior Secretary Doug Burgum issued Secretarial Order No. 3452 directing the Department of the Interior to “streamline and expedite” compliance with Section 106 of the National Historic Preservation Act (NHPA). The Secretarial Order will have significant impacts on Indian tribes, Tribal Historic Preservation Officers, and historic and cultural properties across the United States and was issued without any Tribal Consultation.

Section 106 of the NHPA requires that federal agencies consider the impacts of their undertakings on historic and cultural properties. The Section 106 process is set out in the regulations at 36 C.F.R. Part 800. The Secretarial Order is available here.

Secretarial Order No. 3452 represents the third major attack on the Section 106 review process in less than a year. On October 29, 2025, the Senate Energy and Natural Resources Committee held a hearing to examine the Section 106 process in which Chairman Mike Lee (Utah) called the Section 106 process “a narrow procedural safeguard that has evolved into a sprawling unpredictable process.” And, on July 24, 2026, the Advisory Council on Historic Preservation (ACHP) voted to move forward with a Notice of Proposed Rulemaking that would gut the Section 106 process. The ACHP is expected to release its proposed rule soon.

Meanwhile, the Secretarial Order is focused on the existing Section 106 regulations and undertakings in or about to enter the review process. Secretarial Order No. 3452 claims that under the existing regulations, bureaus and agencies “are forced to unnecessarily extend the decision-making process for undertakings, with little or no benefit.” The Secretarial Order requires Interior officials to:

• weigh historic preservation values alongside other policy objectives;
• identify and disseminate lists of categories of undertakings that do not have the potential to impact historic properties; and
• adhere to 30-day deadlines throughout the Section 106 process.

Even though Secretarial Order No. 3452 has already been issued, under Executive Order No. 13175 Consultation and Coordination with Indian Tribal Governments (November 6, 2000) and Interior’s Policy and Procedures on Consultation with Indian Tribes at 512 DM 4 and 5, the Secretary is required to consult with Tribes on the Order and its impacts. In addition, the Secretary must consult with Tribes on the “other policies objectives” to be weighed against the requirements of the NHPA, as well as any lists of categories of undertakings that do not impact historic properties. In an unprecedented move by Interior, none of the required Tribal Consultation took place.

Under the Secretarial Order, Tribes must immediately prepare for Section 106 processes that are rushed and potentially insufficiently scoped, whether already initiated or to come, as a part of the Identification and Evaluation of Historic Properties under 36 C.F.R. § 800.4 and the Assessment of Adverse Effects under 36 C.F.R. § 800.5. Together these steps in the Section 106 review process require technical expert analysis on eligibility for the National Register of Historic Places, potential effects of the undertaking, and proper assessment of adverse effects the undertaking may have on the historical, architectural, archaeological, or cultural qualities of those properties. These measures are in place to avoid or mitigate often permanent and irreversible damages to historic and cultural properties.

Secretarial Order No. 3452 appears to be focused on clearing the slate of federal undertakings currently in the Section 106 review process or ripe to begin the Section 106 review process just on the cusp of the ACHP’s highly anticipated publishing of its Notice of Proposed Rulemaking in the Federal Register in the coming weeks. Tribes will need to prepare to submit robust comments in response to the ACHP’s proposed rulemaking to protect their interests within the standard 30-day public comment period. We are here to help.

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 [email protected] or 608-608-1210.

08/21/2026

🏆⚖️🏅🌟🪶🎉 Congratulations to Skenandore Wilson LLP Partner Samantha Skenandore for being listed by Best Lawyers®️ in Native American Law in 2027!

08/06/2026

Today is August 6 and this date marks the anniversary of the American Bar Association establishing its special committee on legal assistants in 1968. The committee aimed to raise the paralegal profession and other paralegal organizations subsequently formed -- later collaborating to create a unified national observation of this very critical component of the legal services industry.

At our Firm, our incredible paralegal team comprised of Melissa and Ellen, truly keeps our firm running in top-notch form and function.

As a national multi-jurisdictional law firm, nothing is routine at Skenandore Wilson LLP, and our paralegals always take on any challenge.

We ask a lot, and they deliver. Our Firm rises every week because of their dedication, contributions, and teamwork.

Melissa and Ellen bring endless energy to the office, approach each assignment with positivity and responsiveness, and keep our entire firm on track. They observe true teamwork on the job and we all benefit.

Today we celebrate the driving force behind our deliverables, and thank you, Melissa and Ellen, for your hard work behind the scenes and maintaining constant dedication to our clients. Our firm is successful because of you, and we take pause to say… we see you and we appreciate you!

Please join us in wishing Melissa and Ellen a Happy National Paralegal Day!

07/23/2026

⚠️ 📢 🚨 BREAKING NEWS: The Advisory Council on Historic Preservation (ACHP) is planning to issue a catastrophic blow to Tribal rights through possible proposed rule changes to Section 106 of the National Historic Preservation Act.

What's next? The ACHP is slated to vote on these proposed rules tomorrow, July 24, and the requisite federal comment period will then be observed.

What can Tribes and the public do if they oppose the rule changes? Make your voice count and preserve your interests surrounding the impact these rule changes will have on your Tribal Nation or community, especially those that must be timely raised prior to possible litigation.

✅️ Tribes may weigh in directly to the ACHP now and before they vote to proceed with the proposed rule changes.

✅️ Timely prepare and submit substantive and concise comments on the proposed new rules and the 13 questions posed by the ACHP within the pre-publication notice.

✅️ Offer alternative language to the agency.

✅️ Tribes may additionally consider submitting comments to the National Association of Tribal Historic Preservation Officers (NATHPO) at their July 28th Forum (link provided below).

🚨 See our Article covering the proposed rule changes and contact Skenandore Wilson LLP should you require professional legal and policy services.

⚖️ Our team has been at the Section 106 table securing Tribal rights and interests for decades and we stand ready to help.

The Advisory Council on Historic Preservation (ACHP) is planning significant revisions to the “Section 106 Process” that would eliminate protections for historic and cultural properties. The proposed changes would eliminate tribal consultation requirements and reduce tribal involvement in the Se...

06/26/2026

IHS Director Nominee faces Critical Questions at Senate Confirmation Hearing

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 and the full hearing can be viewed on the Senate Committee on Indian Affairs’ website.

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 [email protected] or 608-608-1210.