Agenda after the jump:
Continue reading →“Form, Function, and Federal Indian Law” Thursday Afternoon Keynote + Panel(s)
“Form, Function, and Federal Indian Law” Thursday Morning Panels
New Mexico Federal Court Enjoins Eagle Harvest
Here are the materials in Pueblo of Santa Clara Pueblo v. National Park Service (D.N.M.):
Indian Law Articles in Michigan Bar Journal, Sept. 2026
American Indian Law Review, Vol. 50, Issue 2
Here:
Current Issue: Volume 50, Number 2 (2026)
Comments
When Tribal Sovereign Immunity and the Americans with Disabilities Act Collide, Who Wins?
Baylee M. Ogle
Native Gifts in an Electric Universe: Exploring Tribal Sovereignty Through Digital Data, Spectrum, and Technological Imaginings
Michael Johnson
In Pursuit of Federal Recognition: A Legal and Historical Analysis of the Duwamish Tribe’s Fight for Federal Tribal Recognition
Gabrielle Gollihar
Notes
Tribal Civil Jurisdiction: Lexington v. Smith and the Evolution of the Montana Framework
Will Speed
Navajo Nation is the first Tribe eligible for Clean Water Act NPDES permitting. What comes next?
On October 21, EPA Region 9 announced approval of the Navajo Nation’s application for “treatment in a similar manner as a state” (TAS) under the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES) and sludge management programs. The Navajo Nation is the first Tribe in the U.S. to obtain TAS status for these programs.
The approval doesn’t transfer permitting authority immediately. EPA currently issues NPDES permits for discharges on the Nation. The Navajo Nation Environmental Protection Agency (NNEPA) published proposed regulations in April 2026 to replace its 1996 rules. The proposed rule would require permits for
- discharging pollutants from any point source into waters of the Navajo Nation, and
- constructing, installing, modifying, or operating a treatment works, or any extension or addition to any treatment works, the operation of which would likely result in a discharge into waters of the Navajo Nation due to runoff, flow, or usage.
Once the regulations are final, NNEPA says it will apply to EPA for approval to implement its NPDES regulations in lieu of the U.S. EPA implementing federal NPDES regulations. If approved, the Nation could issue permits, regulate sewage sludge, and carry out enforcement functions.
NNEPA says the program will require adequate resources and continued federal support, and that Tribal administration should strengthen water protections without replacing federal responsibility.
See the NNEPA notice and proposed rules. The next milestones are final Tribal regulations, then EPA program authorization.
Resources
- EPA, Navajo Nation Becomes First Tribe Eligible to Administer Clean Water Act Permitting Programs (Oct. 21, 2026)
- NNEPA, Water Quality/NNPDES Program page
- NNEPA, Public Notice of Proposed Rulemaking (Apr. 23, 2026)
- EPA list of Tribes approved for TAS authority under federal environmental statutes
Logo of the Navajo Nation Environmental Protection Agency
Election Resources: Voter Hotline and Poll Watchers
On Election Day, Tuesday, November 3, 2026, 300 law student and attorney volunteers, trained by the Native American Rights Fund, will arrive at polling sites on or near reservations and pueblos across nine states to provide election protection support for Native voters.
NARF’s nonpartisan Native Vote Election Protection Project is the first and only election protection program to cover Indian Country at-large and coordinate the organizations, individuals, and Tribal Nations working to protect the Native vote.
Volunteers will serve as poll watchers and election observers at polling sites in Alaska, Maine, Michigan, Montana, New Mexico, Nevada, North Dakota, South Dakota, and Wisconsin. With the support of NARF staff attorneys and local counsel connections, the team will ensure that Native voters are able to cast their ballots and make sure they are counted.
Voters in any state who have questions or encounter challenges while voting can call the Election Protection Hotline at 1-866-OUR-VOTE (866-687-8683). Mention that you are calling from Indian Country or that you are a Native voter to be connected to NARF.
USDA seeking nominations for 8 appointments to Tribal Advisory Committee
Appointments will serve three-year terms, and the USDA encourages nominations from Tribes, Alaska Native Corporations, Tribal organizations, and national and regional organizations with expertise in Tribal food, forestry, and agricultural issues.
Nominations are due by December 8, 2026.
The USDA also announced on October 23 the appointment of three persons to the committee. These three appointments are separate from the eight vacancies that need to be filled:
- Mark Fox, Chairman, Mandan, Hidatsa, Arikara Nation; Great Plains Region
- Enjady Godfrey, General Manager, Mescalero Apache Telecom, Inc.; Southwest Region
- Evan Whitley, Director of Agriculture, Choctaw Nation; Eastern Oklahoma Region
Resources
- USDA Announcement
- Federal Register notice of solicitation for nominations for 8 vacancies on the USDA Tribal Advisory Committee, with instructions for submitting nominations
- Website of the USDA Tribal Advisory Committee with its charter, bylaws, annual reports, and committee meeting materials
Oklahoma Federal Court Dismisses UKB Citizen’s Effort to Avoid Cherokee Nation Prosecution
Here are the materials in Rodgers v. City of Talehquah (E.D. Okla.):
FCC opens comment period on Tribal Section 106 review for wireless infrastructure
The Federal Communications Commission has opened a comment period through a Further Notice of Proposed Rulemaking on its historic preservation review of wireless infrastructure. The notice seeks public input on possible changes to how the FCC applies Section 106 of the National Historic Preservation Act, which requires federal agencies to consider effects on historic properties, including places of religious and cultural significance to Tribal Nations.
The FCC asks whether construction connected to its spectrum licenses counts as an “undertaking” subject to Section 106. It also seeks comment on batching applications, reviewing existing towers and disaster repairs, and setting “more definite timelines” for Tribal consultation. The notice asks whether FCC staff should continue making follow-up calls during the 15-day period after a Tribe’s initial 30-day review period, given that the Commission already sends a letter or email reminder.
The FCC is also seeking comment on whether wireless infrastructure deployments are agency actions under the Endangered Species Act. These are questions in a proposed rulemaking; the FCC has not adopted changes.
Comments are due November 18, 2026; reply comments are due December 3. The proceeding is WT Docket No. 25-217.
Read the FCC notice and submit comments.
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