Seed Preservation Program Gets Green Light, But No New Budget and Limited Court Oversight

The Native American Seeds Act of 2025 directs the Secretary of the Interior to establish a new program focused on collecting, producing, and preserving Native American seeds—meaning seeds that hold traditional or cultural significance to an Indian Tribe (Sec. 2). The program is designed to support the development of seed banks and nurseries, and crucially, requires the Secretary to consult with Indian Tribes on all activities (Sec. 1). Within a year of enactment, the Secretary must work with Tribes to determine which seeds qualify and how to support Tribal agricultural systems that nurture these vital resources (Sec. 3).

The Good News: Protecting Cultural Heritage

For Native American communities, this bill offers a substantial, federally mandated framework to protect essential cultural and agricultural heritage. The bill specifically requires the Secretary to support Tribal efforts to protect these seeds and related facilities, acknowledging the importance of traditional Tribal agriculture systems (Sec. 3). Furthermore, if a Tribe shares information with the Department of the Interior—say, the location of a rare seed or a sensitive cultivation technique—and designates it as culturally sensitive or proprietary, the Secretary cannot disclose it, overriding any other law that might require public release (Sec. 3). This strong confidentiality clause is a major win for Tribes, ensuring they don't have to choose between preservation and privacy.

The Catch: Zero New Funding

Here’s where the rubber meets the road, and the road looks a little bumpy. While the bill establishes this important program, it includes a massive asterisk: No additional federal funds are authorized for these activities (Sec. 3). This means the Department of the Interior has to run this new, complex program—which involves establishing seed banks, nurseries, and extensive Tribal consultation—using money already budgeted for other things. Think of it like being told to buy a new, expensive piece of equipment for your job, but being told you have to pay for it out of your existing grocery budget. It’s a classic unfunded mandate, which often leads to programs that exist only on paper or severely underperform because they are constantly fighting for scraps of existing agency budgets. The intent is great, but the resources are non-existent.

The Fine Print: Less Oversight for the Secretary

Perhaps the most unusual section of the bill is Section 4, which deals with judicial review. Normally, if a federal agency interprets a law in a way that someone disagrees with, that interpretation can be challenged in court using standard procedures (Section 706 of title 5, U.S. Code). This bill explicitly overrides that standard. Instead, if a court is reviewing an ambiguous part of this Act, it must defer to the Secretary of the Interior’s reasonable interpretation (Sec. 4). This means the Secretary gets a significant boost in authority. If the Secretary interprets a vague part of the law—say, how much consultation with a Tribe is actually required—a court can’t easily overturn that decision, provided the Secretary’s interpretation is deemed “reasonable.” This effectively limits the ability of Tribes or other interested parties to challenge the Secretary’s actions in court, potentially reducing accountability and judicial oversight of the program’s implementation.