Skenandore Wilson LLP

05/28/2026

House and Senate Take Actions to Reject President’s FY 2027 Proposed Cuts to Indian Affairs

WASHINGTON, DC – 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 [email protected] or 608-608-1210.

05/11/2026

OMB Finally Releases FY 2025 CDFI and Native CDFI Funding

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 [email protected] or 608-608-1210.

04/25/2026

Follow Skenandore Wilson LLP for regular and concise alerts and news affecting Indian country. We built the right team with nealy 100 years of successful legal experience in representing tribes and stand ready.

04/24/2026

DOJ Issues Order to Re-schedule Medical Ma*****na

WASHINGTON, D.C. - On April 22, 2026, the Department of Justice (DOJ) issued an Order re-scheduling certain medical ma*****na 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 ma*****na license. The DOJ Order is available here.

The Order also directs the Drug Enforcement Agency (DEA) to provide a process for state licensed medical ma*****na entities to register as manufacturers, distributors, or dispensers of medical ma*****na. 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 ma*****na, it is unclear how the Order applies to Tribes. The Order does not recognize Tribally-issued medical ma*****na 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 ma*****na has not been re-scheduled. Instead, DOJ scheduled a new hearing on the full re-scheduling of ma*****na for June 29, 2026. DOJ states that this new hearing is intended “to move more efficiently toward the completion of ma*****na’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.

04/19/2026

President’s FY 2027 Budget Proposes Significant Cuts to Indian Affairs Programs

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.

Tribes are encouraged to contact their Congressional Delegations prevent these cuts. The Bureau of Indian Affairs (BIA) Budget in Brief and Bureau of Indian Education Budget in Brief and other agency budget documents can be found on our website and agency websites.

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 [email protected] or 608-608-1210.

04/13/2026

Skenandore Wilson LLP 's Senior Associates Concetta Tsosie de Haro and Chris Murray attended the 51st Annual Federal Bar Association's Indian Law Conference held on April 9–10, 2026, at Talking Stick Resort in Scottsdale. This year's event brought together the most prolific leaders from across Indian country's legal industry representing the strength of our community and the importance of collaboration.

04/06/2026

Skenandore Wilson LLP is thrilled to announce the addition of Associate Elizabeth "Elle" Schwab to its Washington, D.C. Office. A 2024 graduate of the University of Oregon School of Law, Elle is an experienced civil litigation attorney representing tribal clientele in federal court in matters involving natural resources, environmental protection, and Tribal sovereignty. Elle externed for the U.S. Department of the Interior’s Office of the Solicitor (Twin Cities) where she worked on matters involving the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the Bald Eagle Protection Act. Elle also interned for the Rincon Band of Luiseño Indians, Office of the Attorney General.

"Through my work experience during and after law school, I have witnessed, firsthand, how massive and daunting the field of Indian law is, as well as the impacts of these laws on tribal sovereignty and tribal communities’ rights to water, natural resources, and a healthy environment. The perpetual stream of unexpected changes in these sectors requires constant preparation and adaptation by attorneys to protect the sovereignty of tribal nations. Rather than intimidate me, these challenges greatly attract me to the work."
- Elle Schwab

04/06/2026

We are pleased to announce that Chris Murray has joined Skenandore Wilson LLP 's Midwest Office! Chris earned his J.D. from the University of Idaho College of Law in 2019, Cum Laude, and previously served the Leech Lake Band of Ojibwe as its General Counsel and Legal Director. As a proven legal advocate for Tribal Sovereignty in the economic development, cannabis and ancestral land restoration spaces, Chris is no stranger to Tribal Nation Building on all levels.

"Joining Skenandore Wilson as a Senior Associate provides the opportunity to grow and develop my practice, while expanding my impact through the representation of a broader group of clients... and further focus my experience and knowledge on exigent and emergent legal needs for Skenandore Wilson's clients." - Chris Murray

Chris joins the Firm's Midwest Office, ranked by Best Lawyers® as a Tier 1 Law Firm in Native American Law.

03/25/2026

03/15/2026

Interior Cuts NEPA Regulations and Adds Expedited Processing for a Fee

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 [email protected] or 608-608-1210.