October 2026: Policy Update
BIA Consultations
This week, the Bureau of Indian Affairs (BIA) is holding virtual consultations October 26-29 regarding an Update to their Records Schedule, and specifically, the Department’s framework for categorizing records that are permanent versus those that can be destroyed after a set amount of time.
Intertribal Agriculture Council (IAC) is closely monitoring the BIA’s record classifications proposals, particularly those records classified as not permanent, such as general administrative/programmatic activities, or Indian Trust Records. Under the new Records Schedule, these would be destroyed every 15 and every 50 years, respectively. This data may be crucial to BIA maintaining its trust responsibilities to Tribes and Tribal Members, and IAC encourages Tribal Leaders and advocates to attend these consultations and submit letters reminding BIA of their obligation to maintain important records indefinitely. This is the Department’s first attempt to update the record schedule since Cobell and other records-related lawsuits.
Written Comments Deadline: Written comments on the proposed Indian Affairs Records Schedule updates should be submitted by email to consultation@bia.gov by November 30, 2026.
USDA Tribal Advisory Committee Appointments & Nominations
On October 23, 2026, USDA announced the appointment of four members to the USDA Tribal Advisory Committee and a call for nominations to serve on the Committee.
3 Appointments made by USDA’s Secretary Rollins include:
Mark Fox, Chairman, Mandan, Hidatsa, Arikara Nation - Great Plains Region
Enjady Godfrey, General Manager, Mescalero Apache Telecom, Inc. - Southwest Region
Evan Whitley, Director of Agriculture, Choctaw Nation - Eastern Oklahoma Region
1 Appointment made by Representative Angie Craig, Ranking Member of the House Committee on Agriculture, is:
Dr. Bradford Hall, President of Blackfeet Community College, to serve the remainder of a vacant term ending in December 2026.
USDA is soliciting nominations for 8 upcoming appointments to the TAC. Appointments for the seats are made by:
Chair and Ranking member of the House Committee on Agriculture;
Chair and Ranking member Senate Committee on Indian Affairs
Chair and Ranking member Senate Committee on Agriculture, Nutrition, and Forestry.
Appointments made under this new solicitation will be for three-year terms. USDA encourages nominations from federally recognized Tribes, Alaska Native Corporations, Tribal organizations, or national or regional organizations with expertise in Tribal food, forestry, and agriculture issues.
Nominations are due by December 8, 2026.
Trump Administration & USDA Initiatives
On October 6, 2026, the USDA released the American Seed Sovereignty Initiative. Tribes and Tribal seed banks are questioning the implications this initiative could have on heirloom seeds stewarded by Tribes and individual Tribal members. The Initiative calls for the “sequenc[ing of] collections…to unlock the tremendous potential of the plant genetic resources the United States holds."
There is no Tribal consultation or comment period for this initiative; however, Tribes and Tribal members may still communicate their concerns to USDA. IAC will create and share resource materials, such as template letters and background information, to support Tribes considering weighing in on the Initiative with Tribal interests and concerns.
The Administration has released a number of Executive Orders and initiatives related to ranching, more fully described here. IAC is tracking the implementation of these Executive Orders. As always, IAC will advocate for Tribes’ position at the table in these conversations, specifically on the “Promoting Fair Competition in Livestock Markets and Expanding Market Access for American Meat Producers” Executive Order.
Many Tribes have been investing in meat processing resources for a decade and have significant experience and expertise to offer as USDA aims to support rural, small-sized processing facilities and their role in local food economies. IAC is glad to see continuing commitments from the federal government to support technical assistance resources for small and very small meat processors.
Bipartisan American Affordability & Jobs Act
IAC is closely monitoring the Bipartisan American Affordability and Jobs Act of 2026, sponsored by Senators Heinrich (D-NM), Lee (R-UT), Capito (R-WV), and Whitehouse (D-RI). Specifically, its title on Section 106 National Historic Preservation Act has concerning implications for Tribes and their right to consultation throughout the Section 106 process; Tribal consultation is only required once the federal agency releases its own Section 106 report.
Further, it threatens the positions of Tribal Historic Preservation Offices (THPOs). With this bill’s language, THPOs would face recurring federal inspections; if a THPO doesn’t meet the requirements of federal inspections, including consultation timelines that THPOs have no part in setting, the federal government would assume the function, thus replacing Tribal evaluation with federal evaluation. This bill is a significant concern for Tribal governments and Tribal-serving institutions, and IAC is weighing in with examples of how THPOs are important to Tribal farming and ranching operations.
Action on this bill is expected in the week following the Senate’s return from recess.
