Putting Tribal Sovereignty
FAYETTEVILLE, ARK. – As Congress returns from the August recess this month, it faces a tight legislative schedule to finish must-pass legislation before the end of the year. Here’s a rundown of major pending legislation related to Indian Country food and agriculture.
Farm Bill
The House of Representatives notched a win back in April, passing its version of the Farm Bill, the Farm, Food, and National Security Act of 2026. The Senate’s efforts, however, have stalled. The Senate’s Farm Bill proposal, the Agricultural Act of 2026, failed to advance out of committee in July. The committee was divided down party lines, with a potential tie-breaking vote unavailable due to the absence of committee member Sen. Mitch McConnell (R-KY).
Senate Agriculture Chairman John Boozman (R-AR) plans to reconvene the Committee for a second vote on the Agricultural Act of 2026 on Wednesday. With Sen. McConnell’s return to the Senate on Monday, the legislation is expected to advance. Without Democrat support however, the Agricultural Act of 2026 lacks the votes to pass the Senate.
Senate Democrat support for the Agriculture Act of 2026 hinges on inclusion of a two-year delay of a new SNAP benefit cost-share requirement implemented under the One Big Beautiful Bill Act. The current legislation includes a one-year delay of the cost-share requirement but increases the maximum cost-share percentage from 15 percent to 20 percent for States with the highest SNAP payment error rates.
Sen. Boozman could consider further negotiations with Senate Ag Democrats. However, he has stated that the current legislation and the one-year SNAP cost-share delay is his “best and final offer.” He has made clear that the White House would not accept a two-year delay; moreover, it is unlikely that Republicans in the House would support the change. Senate Republicans may instead attempt to attach the Agricultural Act of 2026 to another, must-pass legislative package, such as the annual appropriations bills or the National Defense Authorization Act.
The new Farm Bill is almost three years late. The last time Congress passed a Farm Bill was in 2018, which originally expired in 2023. Congress has since extended Farm Bill authorities’ numerous times and may be on track to do so for a fourth time.
Government Funding
Congress successfully passed a Continuing Resolution (CR) that extends current government funding levels through Dec. 11. The CR keeps the federal government open and ensures USDA operations and services continue as normal.
Even with the CR, however, Congress is behind on advancing the annual appropriations bills. Of the 12 annual appropriations bills, the House has only passed three: Agriculture, Military Construction and Veterans Affairs, and State and Foreign Operations. The remaining bills, which including funding for the Bureau of Indian Affairs (BIA) and Health and Human Services, have not yet advanced. The Senate Appropriations Committee has yet to introduce any appropriations bills, and none have been signed into law.
The House is only in session for 24 days, and the Senate for 30 days before the current CR expires. With other legislative priorities, the upcoming midterm elections, and profound partisan disagreements on topline funding levels, Congress may need to pass a second short-term funding patch to give themselves more time or risk a lapse in government funding.
Last year’s record-breaking government shutdown caused significant disruption to food and agriculture programs in Indian Country. A potential disruption of Supplemental Nutrition Assistance Programs (SNAP) due to lack of funding led to significant concerns among Native communities who feared being unable to put food on tables. Some eligible households opted to switch to the Food Distribution Program on Indian Reservations (FDPIR), but administrative delays in processing changes — especially on such short notice and at such volume — led to delays getting benefits. Native producers were unable to get two-party checks endorsed at Farm Service Agency (FSA) county offices, receive payments for conservation practices, get Title Status Reports (TSRs) and essential documents from the BIA, and receive other essential services.
Reconciliation 3.0
Republicans in Congress have successfully passed two reconciliation bills and are looking to pass a third this fall, including new funding for farm aid. The two chambers currently have competing reconciliation proposals. The blueprint passed by the House last July would provide up to $12 billion in farm aid, among other things. The Senate proposal also includes $12 billion in farm aid but interestingly also directs the Senate Committee on Indian Affairs (SCIA) to identify up to $1 billion in new funding.
The House Agriculture Committee has not indicated how they plan to allocate farm aid, but it will likely be directed towards producers of commodity and row crops, whose markets have been impacted by trade disruptions. The last farm aid package, which provided $12 billion in early 2026, primarily went to commodity growers, with only $1 billion directed to specialty crop producers. If Reconciliation 3.0 follows a similar allocation, smaller and more diversified producers may only see limited assistance.
Similarly, the Senate Committee on Indian Affairs has not indicated how it will allocate the $1 billion in new funding it will receive if the Senate’s reconciliation blueprint advances. One potential opportunity would be the bipartisan Native Children’s Commission Implementation Act, a comprehensive legislative package investing into the health and wellbeing of Native families and youth. The legislation includes improvements to the National School Lunch Program for Native Youth and new self-determination authority for federal nutrition programs.