Author Archives: nativelawpolicy

Trump Reduces Bears Ears National Monument

President Trump announced he would reduce the size of two national monuments at the Utah State Capitol in Salt Lake City on Monday. CreditTom Brenner/The New York Times

SALT LAKE CITY — President Trump said he would dramatically reduce the size of a vast expanse of protected federal land in Utah on Monday, a rollback of some two million acres that is the largest in scale in the nation’s history.

The administration said it would shrink Bears Ears National Monument, a sprawling region of red rock canyons, by about 85 percent, and cut another area, Grand Staircase-Escalante, to about half its current size. The move, a reversal of protections put in place by Democratic predecessors, comes as the administration pushes for fewer restrictions and more development on public lands.

The decision to reduce Bears Ears is expected to trigger a legal battle that could alter the course of American land conservation, possibly opening millions of protected public acres to oil and gas extraction, mining, logging and other commercial activities.

“Some people think that the natural resources of Utah should be controlled by a small handful of very distant bureaucrats located in Washington,” Mr. Trump said, speaking at Utah’s domed State Capitol. “And guess what? They’re wrong.”

“Together,” he continued, “we will usher in a bright new future of wonder and wealth.”

President Barack Obama designated Bears Ears in 2016, and President Bill Clinton set aside Grand Staircase-Escalante in 1996. In both cases, Utah politicians said the actions were illegal abuses of a century-old law called the Antiquities Act.

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DC Circuit Court affirms land into trust for Buena Vista Rancheria in Amador County v. Dept of Interior

Here is the unpublished opinion in Amador County v. Dept. of Interior: CADC Unpublished Opinion Here are the briefs.

via D.C. Circuit Affirms Interior’s Indian Lands Determination on Buena Vista Rancheria Trust Parcels — Turtle Talk

An Early Look at the First Year of the Trump Administration…

The forty-fifth president of the United States hung a portrait of Andrew Jackson in the Oval Office, placed prominently behind the president’s desk. The President has named Jackson as a model executive he hopes to emulate. The 45th President has been absolutely clear about several policy goals that, if fully implemented, will lead Indian tribes […]

via An Early Look at the First Year of the Trump Administration — Turtle Talk

IS THE TRUMP ADMINISTRATION PREPARING TO GUT THE INDIAN REORGANIZATION ACT?

Turtle Talk

Last week, I posted an entry on this blog highlighting particular concerns with the Trump Administration’s proposed changes to Department of the Interior’s land-into-trust regulations.

I received a number of messages in response to that post, including one from a friend and colleague who asked this question: What if the purpose of these changes is to limit the Indian Reorganization Act’s land-into-trust provisions to the tribes that were allotted under the Dawes Act?

In my own mind, I’ve chalked-up the Trump Administration’s proposal to an attempt to slow or stop lands from going into trust, and to claim more authority to reject tribal applications. But, my colleague raised a question that merits a clear answer from the Administration.

There is a legal theory advanced in some circles that the Indian Reorganization Act’s land-into-trust language was merely intended as a remedy for those tribes that had their lands allotted and taken…

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US House Committee on Natural Resources Press Release: Tribal leaders and their advocates are embracing a once-controversial Indian land bill.


WASHINGTON, D.C., October 25, 2017
 –

Today, the Subcommittee on Indian, Insular and Alaska Native Affairs held a legislative hearing on H.R. 215, the “American Indian Empowerment Act of 2017.” Introduced by Chairman Emeritus Don Young (R-AK), the bill authorizes federally recognized tribes to lease and regulate their own lands and eliminate federal government restrictions that interfere with economic development.

“Today’s hearing is a step in the right direction for getting the federal government out of the way of America’s tribes,” Rep. Young stated. “This legislation gives tribes a critical tool to leverage when determining their futures and planning for responsible resource and infrastructure development of their lands. The ‘mother may I approach’ of the federal government – which has created endless roadblocks and costly bureaucratic hurdles – has often stood in the way of uplifting and empowering our tribes. It must change, which is why I’m committed to exploring new ideas and new legislation that gives tribes the freedom and flexibility they deserve on their lands.

Acting Assistant Secretary for Indian Affairs at the Department of the Interior (DOI) John Tahsuda testified that Indian tribes in government-to-government meetings have expressed the need “to grant tribes more autonomy and independence over their resources.”

The Department has “heard interest and requests for the Department [of the Interior] to delegate more authority to tribes, allowing them to make their own decisions on their own lands,” Tahsuda stated. [W]e are interested in accessing additional tools in our toolbox to better empower Indian country.”

A favorite saying at the Indian Land Tenure Foundation (ILTF) goes, “Nothing says sovereignty like asking for the Secretary’s permission!” according to ILTF President Cris Stainbrook.

[T]he paternalistic relationship with the federal government is continued and has continued for the past 130 years,” Stainbrook said.[V]irtually every land activity by Native nations that now requires the lengthy, time consuming Secretarial approval could be shortened by months, if not years. The many commercial development projects which dissolved because of the length of time in gaining approvals could now get down much more expeditiously.

Vice President of the Navajo Nation Jonathan Nez stressed the need for Indian land to be treated as “Tribal Nation land” rather than federal land, as his tribe has some of the highest rates for both lack of electricity and access to running water. These issues can’t be addressed without additional approval from DOI and other regulatory permits.

[O]ur land should be treated as ours and we should be allowed to manage and develop with minimal interference from other governments, whether they be federal, state or local,” Nez stated. “If we embrace this important idea, it can help the Navajo Nation in areas such as housing, utility infrastructure buildout, or economic development by eliminating unnecessary and duplicative bureaucratic reviews.”

Economic development is an important goal for tribes, and granting them the ability to capitalize on their own resources without federal impediments will go a long way toward improving socioeconomic conditions for a number of tribal nations,” Executive Vice President of Compass Lexecon and Research Affiliate at the Harvard Project on American Indian Economic Development Eric Henson added. 

[T]he ‘American Indian Empowerment Act’ is an opportunity to expand tribal self-governance by regaining complete control over our tribal land use,” Senior Council Member of the Lummi Nation Henry Cagey said. “That, in my view, is what tribal sovereignty is all about.”

Click here to view full witness testimony.

Indianz.com article on hearing

Article About the Little Traverse Reservation Boundary Case

Environmental Assessment Not Vacated on Remand in Dakota Access

The DC District Court demands defendants fulfill statutory obligations.

Turtle Talk

Here are the documents in the matter of Standing Rock Sioux Tribe et al v. U.S. Army Corps of Engineers et al (D.D.C. 16-cv-01534):

Doc. 283 – Order

Doc. 284 – Memorandum Opinion

Other materials posted here.

Excerpt:

In light of the “serious possibility” that the Corps will be able to substantiate its prior conclusions, the Court finds that vacatur is not the appropriate remedy in this case. That determination does not, however, excuse Defendants from giving serious consideration to the errors identified in this Court’s prior Opinion. Compliance with NEPA cannot be reduced to a bureaucratic formality, and the Court expects the Corps not to treat remand as an exercise in filling out the proper paperwork post hoc. After the agency’s further work on remand, the parties may well disagree over the sufficiency of its conclusion. If and when such a dispute arises, they will again have the…

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Congress approves yet another short-term extension for Indian diabetes program

Posted: Monday, October 9, 2017  Indianz.com  

Congress has renewed the Special Diabetes Program for Indians but only for three months, the shortest extension on record.The program, which has contributed to a reduction in diabetes in Indian Country, was due to expire on September 30. It was saved, albeit on a very temporary basis, by a provision in H.R.3823, the Disaster Tax Relief and Airport and Airway Extension Act, which President Donald Trump signed into law barely a day before the deadline.The provision, found in Section 301 of the measure, ensures that the IHS can distribute grants to tribes, Alaska Natives and urban Indians for the next three months. The program was funded with $37.5 million, which represents the usual level of funding.But while the new law averts a temporary crisis, the National Indian Health Board pointed out that it expires on December 31. The organization has been lobbying for longer extensions in order to maintain Indian Country’s successes in preventing and treating diabetes.”SDPI supports treatment and prevention in American Indian and Alaska Native communities impacted by type 2 diabetes at a rate of 15.1 percent, prevalence higher than any other minority population in the United States,” an October 2 letter to key members of Congress stated. “SDPI has resulted in a 54 percent reduction in kidney failure rates among Native American populations between 1996 and 2013.”American Indian (AI) and Alaska Native (AN) adults suffer from the highest rates of diabetes in the United States. Source: Centers for Disease Control and Prevention
According to the Centers for Disease Control and Prevention, 14.9 percent of Native men over the age of 18 have been diagnosed with diabetes, the highest among all racial and ethnic groups in the United States. And 15.3 percent of Native women suffer from the condition, again the highest rate in the nation.Grants from the SDPI have kept the rates from growing even higher, according to tribal advocates and key lawmakers. Yet Congress has been reluctant to authorize long-term extensions or provide more funding for the programAs a result, tribes have had to settle for two-year and one-year extensions, instead of the five-year extensions that were common in the past. The three-month extension is the shortest so far.There are efforts to attach SDPI to the Children’s Health Insurance Plan, an otherwise popular programthat expired at the end of September. A two-year extension has been included in H.R.3922, the Community Health And Medical Professionals Improve Our Nation Act, or the CHAMPION Act.H.R.3922 was approved by the House Committee on Energy and Commerce at a markup on October 4. It authorizes $150 million in grants for each of the two years, or the same level of funding in the current program.That same day, the Senate Finance Committee held a markup and approved S.1827, the Keep Kids’ Insurance Dependable and Secure Act (KIDS Act), to reauthorize the Children’s Health Insurance Plan. The bill does not include SDPI at this point.Separately, Rep. Norma Torres (D-California), the top Democrat on the House Subcommittee on Indian, Insular and Alaska Native Affairs, has introduced H.R.2545 to renew SDPI for five years. Her bill would also increase funding levels in the coming years.A newly-introduced bill, H.R.3917, reauthorizes the program for just two years. It maintains the $150 million funding level and takes into account the three-month extension that was just signed into lawwith H.R.3823.

The Administration for Native Americans Has Announced New Grant Awards and Trainings

From: Eastern Region of ANA: Congratulations to all those who were awarded this year. (Click here for a complete list of awards). We are proud to welcome 9 new grantees to the Eastern Region. Not only was this a very competitive grant cycle, but ANA made fewer awards due to the number of current grantee continuations.

The next grant cycle is just around the corner! We understand that applying for ANA grants is no easy task. That’s why the ANA Eastern Region Training and Technical Assistance Center is here to help. We can provide applicants with a complete support system from developing your project idea to submitting your grant, and beyond. Feel free to reach out to us at any time, for:

Unsuccessful Applications:
If your application was unsuccessful, you will receive a notification from ANA along with panel review comments that identify areas of improvement for next year. We are happy to help you understand these comments, and we can work with you to prepare for resubmission.

Trainings:
Attend one of our upcoming trainings! This is one of the best ways to develop your project and understand what ANA is looking for. Project Planning and Development Trainings are going on now! Learn more and register for a free, 3-day, in-person training by clicking one of the links below.

And don’t forget to keep an eye out for our Pre-Application Trainings. These are expected to take place in early 2018.
Resources:
Review the many resources available to you on our website by clicking here.

Phone Consultations:
No matter where you are in your process, we’re happy to answer any questions you might have. Simply reach out to us toll-free at 888-221-9686 or submit a request using our web form found here, and we’ll call you back!

**Please note that this is not a notice of award for anyone. Successful applicants are notified through the issuance of a Notice of Award (NOA) that sets forth the details of the amount of funds granted, terms and conditions of the grant, and so forth.

Eastern Region Training and Technical Assistance Center sponsored by ANA

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Paul Spruhan on the Law of the Certificate of Degree of Indian Blood (CDIB) Posted on October 10, 2017

Paul Spruhan posted “CDIB: The Role of the Certificate of Degree of Indian Blood in Defining Native American Legal Identity” on SSRN.

The abstract:

This essay discusses the “CDIB” or Certificate of Indian or Alaska Native Blood, a document that proves an individual’s quantum of Native American blood. The CDIB is a federal document issued by the Bureau of Indian Affairs or by tribal nations through a “638” self-determination contract, but without published regulations or even clear written guidelines. The essay discusses its mysterious origins, its primary purpose, and its role in defining Native American legal identity. It also suggests some provisions to be included in final regulations, should the Bureau of Indian Affairs revive its attempt to publish CDIB regulations.

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