IFAI Policy Brief May 27, 2025

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Summary

  • IFAI is working on a template letter for Tribes interested in commenting on USDA’s Food and Nutrition Service rescinding a 2023 final rule that removed “visual observation” by State agencies on the collection of race and ethnicity data. The template letter will be available next week in the policy brief, with comments due June 15 to USDA. 
  • Check out IFAI’s Blog Post on the USDA Secretarial Memo concerning the department’s unique government-to-government and political relationship with Tribes, Alaska Natives and the Native Hawai’ian Community. 
  • There are no congressional hearings this week, but the notes from last week’s hearing have been linked in this week’s brief. 

 

Calendar

Tribal Consultation/Listening Sessions/Advisory Committee Meetings

Title of Event: Indian Affairs Workforce Efficiency and Productivity – EO14210 

About: The U.S. Department of Interior Indian Affairs will conduct a series of Tribal consultations 

with federally recognized Tribes to receive formal input on how the Department and its agencies (including the Bureau of Indian Affairs) can implement operational improvements. The consultations vary in format: virtual and/or in-person.  

 

Date(s), Time, and Location: 

      • May 29, 2025, from 10:00 a.m. to 3:30 p.m. Central Time – Minnesota Register Here 
      • May 30, 2025, from 10:00 a.m. to 3:30 p.m. Eastern Time – Virtual Register Here 
      • June 3, 2025, from 10:00 a.m. to 3:30 p.m. Central Time – Oklahoma Register Here 
      • June 5, 2025, from 10:00 a.m. to 3:30 p.m. Eastern Time – Washington, DC Register Here 
      • June 6, 2025, from 10:00 a.m. to 3:30 p.m. Eastern Time – Virtual Register Here 

    Written comments must be submitted by July 7, 2025 either by email to consultation@bia.gov or by mail to the Department of the Interior, Office of Regulatory Affairs and Collaborative Action, 1001 Indian School Road NW, Suite 229, Albuquerque, NM 87104. 

    Tribal Consultation for 8(a) Business Development Program and Mentor-Protégé Program Issues and Best Practices 

    About: The U.S. Small Business Administration is hosting a Tribal consultation to seek feedback about how the 8(a) program is working in terms of efficiency and reducing regulatory burden. The link to the Federal Register Notice is here. 

    • Date(s), Time, and Location: 
      • June 13, 2025, from 9:30 a.m. to 12 p.m. Alaska  
    • Consultation will be held in person at Z.J. Loussac Public Library, 3600 Denali Street, Anchorage, AK 99503 
    • Pre-registration deadline is June 6, 2025 
    • Send pre-registration requests to attend and/or testify to Diane Cullo, Assistant Administrator, Office of Native American Affairs, U.S. Small Business Administration, 409 3rd Street SW, Washington DC 20416; or by email to Diane.Cullo@sba.gov; or Facsimile to (202) 481-2177. 
    • Individuals wanting to participate virtually can register here. 

    Title of Event: Tribal Consultation for the Department of Interior’s FY2026 – 2030 Strategic Plan 

    About: The Department of Interior (DOI) is hosting a series of consultations to obtain Tribal feedback about the Department’s FY2026 – 2030 Strategic Plan. All sessions will be virtual.  

    • Date(s), Time, and Location: 
    • June 17, 2025, from 3 to 4:30 p.m. eastern – East Coast Tribal Register Here 
    • June 18, 2025, from 3 to 4:30 p.m. eastern – Alaska Native Register Here 
    • June 24, 2025, from 3 to 4:30 p.m. eastern – West Coast Tribal Register Here 
    • June 26, 2025, from 3 to 4:30 p.m. eastern – Native Hawaiian Register Here 
    • The comment period will be open for 30 days after the last consultation. Session participants may submit written comments to consultation@bia.gov  

     

    Congressional Sessions:

     

    Looking back: 

    Hearing: House Appropriations Committee– May 20, 2025 

    Topic: Interior Department Budget 

    Highlights: The session focused on funding priorities, departmental restructuring, and policy direction under the new administration. There was a shared commitment to protecting public lands, supporting Tribal communities, and ensuring efficient use of taxpayer dollars.  

    Hearing: House Natural Resource Committee – May 20, 2025 

    Topic: Tribal Forest Management Activities 

    Highlights: During the hearing, lawmakers and Tribal leaders broadly supported the bill’s goals, though concerns were raised about legal complexities, environmental safeguards, and funding stability.  

    Hearing: House Natural Resources Committee– May 21, 2025 

    Topic: Pending Legislation 

    • H.R. 2130 – Tribal Trust Land Homeownership Act of 2025 
    • H.R. 2388 – Lower Elwha Klallam Tribe Project Lands Restoration Act 
    • H.R. 2815 – Cape Fox Land Entitlement Finalization Act of 2025 
    • H.R. 3073 – Shivwits Band of Paiutes Jurisdictional Clarity Act 

    Highlights: The Markup went over the details of each of the bills and included supportive testimony from several Tribal witnesses. 

    Hearing: Senate Agriculture, Nutrition, and Forestry Committee– May 21, 2025 

    Topic: Nomination hearing— Agriculture Undersecretary for Marketing and Regulatory Programs, Agriculture Undersecretary for Research, Education, and Economics. 

    Highlights: The hearing emphasized the urgent need to fill these roles due to ongoing agricultural challenges, such as avian flu, New World screwworm, and staffing shortages at the USDA. Tribes were mentioned by Senator Amy Klobuchar (D-MN), who highlighted the importance of USDA research agencies in 1994 land-grant institutions and Tribal colleges. 

    Hearing: Senate Appropriations Committee- May 21, 2025 

    Topic: Interior Department Budget Fiscal Year 2026 

    Highlights: Members of the Subcommittee on Interior, Environment, and Related Agencies discussed the proposed budget as well as recent Departmental cuts and reorganizations. Each subcommittee lead shared a common concern about getting through FY2025. 

    Hearing: Senate Appropriations Committee– May 22, 2025 

    Topic: Food and Drug Administration Budget Fiscal Year 2026 

    Highlights: The Senate Appropriations Subcommittee hearing on the FDA’s FY26 budget focused on balancing public health priorities with regulatory efficiency, highlighting concerns over staffing cuts, drug approval delays, and food safety oversight. Senators also emphasized the importance of protecting agriculture from overregulation, ensuring innovation in infant formula, and addressing emerging threats like bird flu.  

    Looking ahead:

    There are no hearings relevant to Indian Country Food and Ag this week. 

    Regulatory/Rulemaking Actions

    Title: Notice of Termination of Seven Discretionary Federal Advisory Committees 

    • USDA is terminating seven discretionary federal advisory committees because of a February 19, 2025, Executive Order called “Commencing the Reduction of the Federal Bureaucracy”.  
    • The Secretary of USDA determined that the seven advisory committees should include Advisory Committee on Agriculture Statistics, National Advisory Committee on Meat and Poultry Inspection, and the National Wildlife Services Advisory Committee.  
    • Inquiries may be sent to Cikena Reid, USDA Committee Management Officer at cikena.reid@usda.gov  

    Posted: Week of May 19, 2025 

    Title: Supplemental Nutrition Assistance Program: Rescission of Changes to Civil Rights Data Collection Methods 

    • USDA’s Food and Nutrition Service is proposing to rescind a final rule issued on December 14, 2023, about regulatory language that removed “visual observation” as an example of when State agencies might collect race and ethnicity data when SNAP participants do not voluntarily provide race and ethnicity information on the application form.  
    • This proposed rule is expected to have little impact on States and local governments.  
    • Comments must be received by June 16, 2025 

    Posted: Week of May 19, 2025 

    Title: Child and Adult Care Food Program: Rescission of Obsolete Data Collection Requirements 

    • USDA’s Food and Nutrition Service (FNS) has finalized a rule that will rescind an obsolete data collection requirement in regulations regarding Child and Adult Care Food Program (CACFP).  
    • Effective May 2, 2007, FNS implemented a final rule called “Data Collection Related to the Participation of Faith-Based and Community Organizations”.  
    • The rule required State agencies that administer CACFP to collect and report data related to participating institutions for each fiscal year from 2006 to 2009, ceasing in 2010.  
    • The final rule to rescind this data collection requirement is effective July 11, 2025. 

    Posted: Week of May 12, 2025 

    Title: Food Labeling: Front-of-Package Nutrition Information; Extension of Comment Period 

    • The proposed rule requires certain nutrient information to be displayed on the principal display panel of the product packaging.  
    • FDA would also like to align certain nutrient content claims with current nutrition science. 
    • The new deadline for comment submission is May 16, 2025. 

    Posted: Week of May 12, 2025