Tribal Nations are navigating a volatile economic landscape characterized by administrative and regulatory bottlenecks and legislative inequities. Achieving sustainable economic growth requires addressing structural flaws in the tax code and federal contracting rules that continue to penalize Tribal governments. Access to capital remains the single largest barrier to Tribal economic sovereignty. Trust land restrictions, specifically complex land tenure and the inability to use trust assets as collateral, limit the ability of Tribal governments and Native entrepreneurs to finance infrastructure, housing, and sustainable businesses.

This policy portfolio focuses on ensuring parity with state and local governments, protecting critical federal economic programs, expanding access to capital, and securing the timely release of authorized funding needed to support long-term Tribal prosperity.

Focus Areas and Goals

Small Business Administration (SBA) 8(a) Program Oversight and Reform

Advocate for due process, clarity, and rules that explicitly recognize the unique community-benefit structure of Tribal ownership within the SBA 8(a) program. Current audit practices are threatening Tribal enterprises and discouraging participation in a program that successfully drives wealth creation. Additionally, Tribal participation in the 8(a) Program must not be conflated with broader diversity, equity, and inclusion efforts.

Native Community Development Financial Institution (CDFI) Funding Impoundment

Advocate for the immediate release of FY 2025 Native American CDFI Assistance (NACA) Program awards. The Administration has withheld these funds for nine months, creating a functional impoundment that forces small Native lenders to deny loans to first-time homebuyers and agricultural producers.

Protecting CDFI Fund Capacity

Oppose proposed Reduction in Force actions and any efforts to eliminate the CDFI Fund. Maintaining staff is essential for administering New Markets Tax Credits, which drive Indian Country economic development, and for certifying Native CDFIs to leverage private capital.

Tax Parity and Access to Tax-Exempt Bonds

Support passage of the Tribal Tax and Investment Reform Act of 2025 (S. 2022). This legislation would remove the outdated "essential government function" test, providing Tribal Nations with the same ability as state and local governments to issue tax-exempt bonds for infrastructure and economic development projects.

Restoring the BIA Loan Guarantee Program

Protect the BIA Loan Guarantee Program from proposed budget cuts that threaten the only federal mechanism capable of bridging the collateral gap on trust land. The program is profitable for the government and must be restored and strengthened.

Implementing the Indian Community Economic Enhancement (ICEE) Act

Call upon the Department of Commerce to fully implement the ICEE Act of 2020 by elevating the Office of Native American Business Development and appointing a Director. Push for a comprehensive action plan governing coordination between Commerce, Interior, and Treasury to support economic development.

Monitor key federal economic policy developments, programs, and opportunities, and provide education on those most relevant to Tribal Nations, including, but not limited to: banking, contracting, financing, gaming, small business development, taxation, trade, and other topics related to the development of economies, the private sector, and general commerce.

Associated Organizations

• Native American Finance Officers Association

• National Center for American Indian Enterprise Development

• Native American Contractors Association

• Indian Gaming Association

• Native CDFI Network (NCN)

Associated NCAI Bodies

Associated Committees and Subcommittees:

• Economic, Finance, and Community Development Committee

• Litigation and Governance Committee

• Economic Development, Finance, and Employment Subcommittee

• Taxation Subcommittee

• Tribal Gaming Subcommittee

Associated Task Forces:

• Budget

• Cannabis

• Indian Gaming Association-NCAI Task Force

• Tax and Finance

Associated Legislation

• Tribal Tax and Investment Reform Act of 2025 (S. 2022)

• ICEE Act of 2020 (Public Law 116-261)

• Small Business Act (specifically the SBA 8(a) Business Development Program)

• H.R. 5371 (Continuing Resolution)

• Tribal Trust Land Reaffirmation Act / Carcieri Light Fix (H.R. 5257)

• AFFORD Act

• Native American Entrepreneurial Opportunity Act (H.R. 7396/S. 2832)

• Tribal Labor Sovereignty Act (H.R. 1723/S. 1301)

Past Year Achievements

NCAI worked to protect Tribal sovereignty, support access to capital, and defend federal trust responsibilities. Key accomplishments include:

Protecting CDFI Fund Staffing and Operations

Through coordinated advocacy, the coalition supported a continuing resolution passed on November 12, 2025, which helped prevent further disruptions to CDFI Fund staffing and ensured the fund could continue certifying lenders and administering programs.

Securing Program Funding

Advocacy efforts helped defend authorized funding for the NACA Program, resulting in $28 million for FY 2025 and positioning the program for increased support in FY 2026.

Defending Native Federal Contracting

On December 10, 2025, NCAI Executive Director Larry Wright submitted a statement for the record to the U.S. Senate Committee on Small Business and Entrepreneurship. NCAI unequivocally supported the integrity of federal contracting conducted by AI/AN Tribal Nations, Alaska Native Corporations, and Native Hawaiian organizations. NCAI defended the SBA 8(a) Business Development Program as the most successful tool for Native economic self-determination.

Advancing Native Homeownership

NCAI and partners successfully championed bipartisan support for making the United States Department of Agriculture (USDA) Section 502 Native Relending Program permanent. Amendment #3732 in the FY 2026 National Defense Authorization Act (NDAA) proposed a $50 million annual appropriation to expand homeownership opportunities across Indian Country.

At the 2025 NCAI Annual Conference, the Policy Team supported Tribal leaders and Committee co-chairs in passing key resolutions to unify federal engagement strategies:

1. Resolution #SEA-25-109: Urged Congress and the Administration to protect the CDFI Fund and maintain the $35 million NACA Program funding target.

2. Resolution #SEA-25-099: Advanced the Tribal Tax and Investment Reform Act of 2025 (S. 2022) for full tax jurisdiction parity for Tribal governments.

December 2025 (Defense of Native Contracting & 8(a) Due Process): Submitted a statement for the record to the Senate Committee on Small Business and Entrepreneurship defending the SBA 8(a) Business Development Program and Native-owned enterprises against arbitrary suspensions and regulatory overreach. Demanded adherence to due process under the Horne Bros. standard, clarified complex subcontracting rules under 13 C.F.R. § 125.6, reaffirmed the constitutional baseline of Tribal preferences under the Mancari doctrine, and urged enhanced enforcement of the Buy Indian Act.

March 2026 (SBA 8(a) Pre-Decisional Consultation): Formally called on the SBA to pause proposed 8(a) rulemaking (RIN 3245-AI66) and conduct pre-decisional government-to-government consultation prior to OMB/OIRA review. Guided by Resolutions #SPO-16-059, #SAC-22-020, and #SEA-25-109, urged the SBA to appoint a designated senior Tribal official to ensure Tribal leaders shape federal procurement policies impacting Native economic self-sufficiency.

May 2026 (Treasury Modernization & Priority Guidance): Submitted structural recommendations for the Department of the Treasury's 2026–2027 Priority Guidance Plan (Notice 2026-23) to resolve persistent tax administration gaps:

• Tax-Exempt Bond Access: Advocated for broadening the "essential governmental function" standard under 26 U.S.C. § 7871(c) to align with state and local bond parity and grant tax-exempt financing flexibility for Tribal economic development.

• Partially Owned Entities & Joint Ventures: Requested formal regulations establishing a proportional tax immunity framework and clarifying Section 6417 direct-pay eligibility under the Inflation Reduction Act for partially owned Tribally chartered entities.

• Subdivision Determinations & FUTA Parity: Urged replacing outdated Revenue Procedures 84-36 and 84-37 with a streamlined self-certification process for Tribal political subdivisions and issuing guidance confirming FUTA tax parity.

Next Year Goals

Ensure Permanent Protection for CDFI Fund Staff

Continue active advocacy to pressure the Administration to abandon any plans to abolish the CDFI Fund and to permanently protect staff from future RIF actions.

Make NACA Statutory and Increase Funding

Pursue legislation to codify the NACA Program in statute, as nearly half of Native communities lie in banking deserts. Concurrently, advocate for funding the NACA Program at $50 million annually for FY 2027 and in future years.

Pass the Access to Fair Financing for Opportunity and Resilient Development Act (AFFORD Act)

Continue advocacy for the AFFORD Act to increase Native CDFI liquidity and make the USDA Section 502 Native CDFI pilot relending program permanent nationally.

Secure Key FY 2027 Funding Targets

Advocate for $75 million for the Indian Community Development Block Grant to support infrastructure and housing, and request $65 million for HHS Native American Programs to help develop Tribal commercial codes and master plans.

Pass S. 2022

Continue building congressional support to pass the Tribal Tax and Investment Reform Act of 2025. This remains a top priority to achieve full tax jurisdiction parity and secure access to tax-exempt bonds for Tribal governments.

Expedite CDFI Certification

Push for regulatory and administrative reforms to expedite the CDFI Fund certification, annual recertification, and Emerging CDFI processes. This includes ongoing advocacy for the adoption of a one-year cure period for minor issues.

Pass a 2026 Resolution on Prediction Markets

Draft and secure the passage of a formal resolution during the 2026 conventions to explicitly condemn unregulated prediction markets. This resolution will formalize our mandate to combat platforms that offer sports event contracts, bypass the Indian Gaming Regulatory Act, and threaten the Tribal gaming revenues that fund essential community services.