Skenandore Wilson LLP

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.

06/23/2026

SBA 8(a) Proposed Rule Threatens Individual Indian Contractors

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 [email protected] or 608-608-1210.

06/02/2026

Skenandore Wilson LLP is thrilled to announce the addition of our Summer Associate, Sarah Skrzypczak, a 3L at the University of Wisconsin-Madison, to our Midwest Office, in Madison, Wisconsin!

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.