Press release from the Tribal Prosecutor’s office here.
Eastern Band Cherokee Convict Another Using VAWA
Press release from the Tribal Prosecutor’s office here.
Author: Sarah M Donnelly
EPA Releases Internal Report on Gold King Mine Accident
EPA internal report here.
[T]he Team concludes that the Adit blowout was likely inevitable. Actions taken by the EPA OSC to pull out the site personnel and crew from and near the Adit, just prior to the blowout, probably avoided any fatalities from the pressurized Adit blowout.
Although the removal investigation team was quite experienced and followed standard procedures of a well thought out work plan that included state and ARSG involvement, the underestimation of the water pressure in the Gold King Mine workings is believed to be the most significant factor relating to the blowout.
The Senate Committee on Indian Affairs will hold a hearing about the incident on Wednesday, September 16, 2015. Chairman Barasso’s (R-Wy) announcement here.
Jobs: NIGC Management Specialist in D.C.
National Indian Gaming Commission
Job Title: Records and Information Management Specialist
Job Announcement Number: NIGC-8000-15-KH-006(EX)
Salary Range: $76,378.00 to $99,296.00 / Per Year
Open Period: Wednesday, August 26, 2015 to Wednesday, September 2, 2015
Duties
The major duties of this position include, but are not limited to the following:
- Assists and provides comments and recommendations on agency-wide records management policy in order to help develop, establish, manage, and maintain an active and continuing records management program at the agency
- Assists in the development of long-range strategic goals and resource projections for the records and information management program
- Recognizes records management needs for the design or modification of all electronic information and/or electronic recordkeeping systems, which will ensure that records and necessary technical and programmatic information about records (metadata) are created, linked to disposition authorities, maintained in a useable format as long as required by the agency, and protected by security and user access controls.
- Monitors the review of all existing records management operations, procedures and processes in effect at all levels of the agency in order to make recommendations for a more effective records management processes
- Communicates within the agency and government-wide, assists with training, and evaluates, and assists members of the records management structure in the accomplishment of agency objectives.
How to Apply
Your complete application, including required documents, must be received by 11:59 p.m. Eastern Time (ET) on the closing date of this announcement. To apply on-line, you must complete and submit an application by accessing the USAJOBS website at www.usajobs.gov. To begin, click the Apply Online button near the bottom of this screen and follow the prompts to register into your USAJOBS account, answer the questions, and submit all required documents. To return to your saved application, log in to your USAJOBS account at www.usajobs.gov and click on “Application Status.” Click on the position title, and then select Apply Online to continue. For details, go to this link: https://www.usajobs.gov/GetJob/ViewDetails/413871400
NITA Annual Conference Announcement
National Intertribal Tax Alliance 17th Annual Tax Conference 2015 to Include Litigation Updates from Glen A. Stankee, Counsel of Record for the Seminole Tribe v. State of Florida Case on Rental and Utility Tax
Today, August 26, 2015, the Eleventh Circuit Court of Appeals ruled that Florida’s Rental Tax is preempted by Federal Indian law, but not Utility Tax. Seminole Tribe of Florida v. Stranburg (State of Florida). Full decision can be found on Turtle Talk: https://turtletalk.wordpress.com/…/eleventh-circuit-holds-…/
Glen A. Stankee, Counsel of Record in this Seminole litigation (Akerman LLP), will be providing litigation updates on this case as well as other tribal taxation cases for 2015 at the National Intertribal Tax Alliance (NITA) 17th Annual Conference scheduled this year at the Seneca Niagara Resort & Casino, Niagara Falls, NY – September 16-17, 2015.
NITA’s Conference Brochure is available on the website and contains information the conference agenda and registration information. For more information on NITA’s tax conference visit: http://www.intertribaltaxalliance.org or email Marilyn White, NITA Conference Coordinator. mwhite@intertribaltaxalliance.org
ACHP invites public comment in order to resolve 33-year permit suspension for oil well on Blackfeet Reservation
US D-D.C. Court order in the matter of Solonex LLC v. Sally Jewell, et. al, here.
DOI Schedule here.
ACHP invitation to comment here.
On July 27, 2015, the D.C. District Court ruled the Department of the Interior (DOI) is violating federal law in delaying decision on a natural gas exploratory permit that has been suspended since 1985. The DOI was given 21 days to submit a schedule for the final resolution of the suspension and on Monday that schedule was released. Highlights include:
- The Advisory Council on Historic Preservation (ACHP) to gather comments to give to the Secretary of Agriculture before September 21, 2015.
- The Forest Service will review the comments and submit its recommendation on the potential for adverse effects to historic properties and ideas on mitigating effects to the Bureau of Land Management (BLM) by October 31, 2015.
- BLM has to make a final decision to lift the suspension or initiate cancellation by November 31, 2015.
- Compliance with the National Environmental Policy Act could delay conclusion until July 15, 2017.
ACHP has scheduled its 3-hour public meeting for Wednesday, September 2, 2015, in Choteau, Montana. Designated representatives from all parties, including the Blackfeet Tribe, will speak first then comments will come from those who report their name and organization before the meeting. Any other comments will be heard as time permits. ACHP is accepting written comments until 5PM EDT on Friday, September 4, 2015.
If you would like to officially speak at the meeting or write a comment:
Email: www.106permittodrill@achp.gov
Fax: (202) 517-6381
Mail: Ms Katry Harris
Advisory Council on Historic Preservation
401 F St NW Suite 308
Washington DC 20001 2637
Cloud Peak Energy invests with Gateway Pacific Terminal to ship coal mined on Crow Reservation
News coverage of the event here.
LA Times article about Lummi Nation’s opposition here.
The Crow Tribe signed an agreement August 7, 2015, to become a 5% shareholder of Gateway Pacific Terminal, which is a partnership to open shipping ports in Washington. The deal coincides with Cloud Peak Energy’s arrangement to pay Gateway Pacific Terminal $32 million to construct a port on Puget Sound that can ship 60 million tons of exports a year including coal mined on the Crow Reservation to Asian markets. The Tribe leased coal to Cloud Peak Energy from its sole mine in 2013, but a new mine on the reservation could bring 20 million tons annually through the new port.
Although the Tribe does not owe any money up front it could be responsible for 5% of an estimated $700 million construction budget. Final approval is still required from the Crow Tribe and the federal government. Environmental surveys and plans are being conducted currently and there is opposition from both environmental and native groups including the Lummi Nation, who exercise fishing rights near the proposed port site.
Protest of Senate Bill 750, Would Allow Border Patrol Unregulated Access to Sacred Lands
Link to media coverage here.
Full text of Arizona Borderlands Protection and Preservation Act here.
Native advocates protested a meeting today at Tucson Electric Power headquarters where Senator John McCain (R) was meeting. The protest was largely a response to the passing of a rider on last December’s National Defense Authorization Act that transfered title to sacred lands over to mining companies. It also passed along another message: No on S.R. 750.
Arizona Senators John McCain and Jeff Flake (R) introduced the Arizona Borderlands Protection and Preservation Act in March 2015 and it would allow unfettered access to federal lands in Arizona and parts of California. It was voted out of committee in May, but has yet to make an appearance on the Senate floor.
The bill calls for the Secretaries of Agriculture and the Interior to “provide U.S. Customs and Border Protection personnel with immediate access to Federal lands for border security activities, including routine motorized patrols and the deployment of communications, surveillance, and detection equipment.”
Environmental and tribal advocates are perturbed by what Arizona representatives are suggesting: unfettered entry and occupation of reservations and national parks situated within a hundred miles of the border.
This bill would waive all laws on federal public and tribal lands for 100 miles north of the U.S. Mexico Border, affecting Apache, Tohono O’odham, Hia-Ced sacred sites and the very existence of all tribal people residing on those lands. – Nellie David, Tohono O’odham
McCain believes the border will not be “secure” until 100% of it is being monitored, but analysts are not so sure this is possible:
No state has ever prevented all attempted unauthorized entries into its territory. Roberts et al. (2013) review several historical cases, including East Germany during the Cold War, which experienced mass outmigration in the 1950s and attempted to stop it completely by establishing a “kill zone” on its borders and severely punishing those who were caught and not killed. Even under such an extreme approach, in the late 1970s, 5 percent of those trying to cross succeeded. -Bipartisan Policy Center Feb. 2015 report
Even the Department of Homeland Security has criticized previous bills that purportedly expand the Border Patrol’s powers without providing additional funding.
A community forum will meet August 20, 2015, at 7:30PM at the Alliance for Global Justice at 225 E. 26th St. in Tuscon where panelists include U.S. Rep. Raúl Grijalva, who introduced a house bill to repeal the Oak Flat giveaway.
Job Posting: Legal Aid of Nebraska seeks Domestic Violence Staff Attorney
Legal Aid of Nebraska, a law firm providing free civil legal services to low-income persons, seeks an attorney to serve Native American victims of domestic violence in Western Nebraska. Must be admitted to practice in Nebraska or have a Nebraska license pending, and be licensed or willing to become licensed in the Ponca, Winnebago, Omaha and Santee Tribal Courts. This position entails extensive travel throughout panhandle and Cherry counties.
Duties will include but will not be limited to:
- Provide assistance to members of the Omaha, Ponca, Santee, and Winnebago and to other Native Americans who are victims of domestic violence primarily residing in the panhandle and Cherry counties.
- Training law enforcement;
- Making community presentations;
- Conducting outreach to Native American victims of domestic violence;
- Developing culturally appropriate materials providing legal information and information about Legal Aid of Nebraska’s Native American Project and domestic violence;
- Fostering relationships with the Tribes, tribal members, domestic violence agencies and other service providers.
The attorney in this position also provides quality and aggressive representation of low-income Native American domestic violence victims who are clients of LAN primarily in state court, and, engages in the day-to-day practice of law according to the priorities and practices set by Legal Aid of Nebraska. Ideal candidate will possess expertise in the area of domestic violence and have a connection to Native American issues. This is a full-time position requiring a committed individual. Company cell phone and laptop will be provided. Location in Scottsbluff, Nebraska.
Legal Aid of Nebraska offers excellent supervision, training and support, and state-of-the-art technology. Loan assistance repayment may be available assuming eligibility for Legal Aid’s repayment program. Experience-based competitive salary. Excellent benefits package. Please send resume, references, writing sample, and cover letter via email to: Jonathan Seagrass, Managing Attorney of Legal Aid of Nebraska’s Native American Project, at jseagrass@legalaidofnebraska.org. EOE. Position open until filled.
Keystone XL permit renewal before the South Dakota Public Utilities Commission
Previous coverage of the Keystone XL pipeline in South Dakota.
TransCanada received a permit with conditions in 2008, but lack of DOS approval led to it expiring before the foreign company could start construction on the Keystone XL pipeline. Several tribes and state citizens are fighting renewal before the South Dakota Public Utilities Commission, which recently concluded nine days of hearings about the pipeline. Tribes asserted TransCanada had not met its burden of satisfying federal law as a condition of the permit.
Link to recordings and documents on the SDPUC website.
There already is a Keystone pipeline that runs through South Dakota. The Phase 1 pipe starts in Canada, at the same location the Keystone XL pipeline will start, then cuts east across Saskatchewan and Manitoba before going south to Nebraska. The XL version is bigger, obviously, and will cut an almost straight line from Alberta to Nebraska on its way to the Gulf of Mexico to take advantage of the Bakken crude boom in Montana and the Dakotas. PUC previously concluded that the negative effects generated from billions of gallons of oil pumping over the State’s water sources unsupervised was greatly outweighed by its benefits, namely the $9.1 million in tax revenue it was supposed to pay counties. However, the full amount was never paid and now TransCanada promises to pay even more money and still guarantees job growth that DOS has reported is negligible.
NPS Reopens Comment Period for Proposed Rule
The National Park Service has a proposed rule that would allow members of federally-recognized tribes traditionally associated with specific national parks to gather and remove plant materials from those national parks so long as the tribe and the federal government create an agreement that regulates the practice.
Originally the deadline for comments was July 20, 2015, but today the NPS extended that deadline to midnight September 28, 2015.
Comments for “NPS RIN 1024-AD84” can be submitted online or to the following mailing address:
Joe Watkins, Office of Tribal Relations and American Cultures
National Park Service
1201 I St NW
Washington DC 20005
Turtle Talk 
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