Senate Probes Impact of HHS Cuts on Non-Indian Health Service Programs
On May 14, the Senate Committee on Indian Affairs heard testimony from tribal leaders and advocates on potential harm from the reorganization of the Department of Health and Human Services (HHS). The proposed reorganization would slash funding at HHS and lay off 20% of its workforce.
While Secretary of Health Robert F. Kennedy Jr exempted the Indian Health Service from the broader reorganization, other HHS programs that tribal nations rely on have faced budget cuts and staff reductions. Impacted programs include Tribal Head Start, Tribal Temporary Assistance for Needy Families (Tribal TANF), and Family Violence Prevention and Services Act (FVPSA).
Tribal leaders pointed out that the cuts have been made without any consultation with Native communities. Chairman Lisa Murkowski (AK) and Vice Chairman Brian Schatz (HI) both emphasized the importance of informed tribal consultation before changing programs.
Trump Proposes Gutting Bureau of Indian Education Funding
The President’s “Skinny Budget” Request, which outlined some of proposed cuts to federal programs, was released the first week of May. The budget proposes a drastic $187 million (79.7%) cut to the Bureau of Indian Education (BIE) Education Construction Fund. This reduces funding from $234.7 million (in 2024) to just $47.7 million for the coming fiscal year. The cut would undermine the BIE’s ability to address urgent safety hazards like gas leaks, mold, and asbestos. It would not even cover basic emergency and environmental repairs for BIE schools.
Though the administration cites program underperformance as the reason for these cuts, the underperformance has been driven by chronic underfunding. Decades of underinvestment have caused deferred maintenance costs to skyrocket to almost $1 billion. A 2024 Department of Interior Inspector General report identified underfunding, poor communication, and staffing shortages as core issues. The 2024 report recommends addressing deficiencies through improved oversight and compliance, not by cutting funds.
The Native American Affairs team at FCNL is focusing our FY26 appropriations work on fully funding the Education Construction Fund. Native families deserve to send their children to schools without worrying about potential exposure to natural gas, mold, or other environmental hazards. This is especially true for the children who live in the more than 30 boarding schools still operated by the BIE in collaboration with tribal nations.
Supreme Court Declines to Take Up Apache Sacred Site Case
On May 27, the Supreme Court decided against hearing a suit brought by a group of Western Apache who are attempting to stop the destruction of one of their most sacred sites, Oak Flat. The group, Apache Stronghold, had recently secured a court ruling temporarily halting the Trump administration’s plan to transfer the site from federal ownership to Resolution Copper. Resolution Copper plans to develop a massive copper mine on the site.
This mine is one of several critical minerals projects fast-tracked by the Trump administration this year. The planned to formally transfer the land to Resolution Copper before Apache Stronghold’s case could be heard by the Supreme Court. The Supreme Court’s decision not to hear the case clears the way for the land transfer.
Oak Flat, known in Apache as Chi’chil Biłdagoteel, has hosted sacred ceremonies for generations. The land was protected from mining until a last-minute provision in a 2014 defense bill authorized its transfer to Resolution Copper. The proposed mine on Oak Flat would leave a crater two miles wide and 1,100 feet deep, effectively destroying the sacred site.
Resolution Copper is owned by Rio Tinto, one of the world’s largest mining firms. It has faced public outcry for blowing up a sacred indigenous site in Australia.
