Albany Law School Symposium on Native American Law

AGLR Symposium March 10 2016
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Press Release: National Wildlife Federation Notice of Intent to Sue

National Wildlife Federation to Sue Pipeline Safety Administration to Protect Communities, Wildlife from Oil Spill in the Great Lakes

ANN ABOR, MICH. (February 22, 2016)—The National Wildlife Federation today officially sent a notice of intent to sue the federal agency largely responsible for overseeing oil pipeline safety. The notice asserts that the Pipeline and Hazardous Materials Safety Administration (PHMSA) had no authority to authorize the transport of oil through pipelines that run through the Straits of Mackinac and navigable waters in Michigan’s Upper and Lower Peninsulas.  PHMSA also incorrectly authorized the transport of oil through pipelines on land without assessing the impacts on the environment, fish, and wildlife, including the impacts on endangered and threatened species, such as the Piping Plover and Kirtland’s Warbler.

The National Wildlife Federation is asking PHMSA to comply with the law within 60 days by fully assessing and publicly disclosing the environmental impacts of the terrestrial sections of the controversial pipelines, known as Line 5, in consultation with the U.S. Fish and Wildlife Service. The National Wildlife Federation is further asking PHMSA to revoke its approval of oil spill response plans for the sections of Line 5 where it runs beneath the Straits of Mackinac and other navigable waters in Michigan’s Upper and Lower Peninsulas on its pathway from Superior, Wisconsin to Sarnia, Ontario.

The legal action is the latest effort by conservation groups, businesses, and communities to protect the state’s environment and economy from another oil spill disaster. Enbridge Energy, the company which operates Line 5, is responsible for the 2010 oil disaster near Marshall, Mich., which dumped more than 800,000 gallons of oil into the Kalamazoo River. That catastrophe remains the largest inland oil spill in U.S. history.

“We are taking action today to help protect people, communities, wildlife, and the Great Lakes from an oil disaster,” said Mike Shriberg, the National Wildlife Federation’s Great Lakes regional executive director. “Michigan is home to the largest inland oil disaster in U.S. history, and we need to make sure that we never experience that again.”

Read the National Wildlife Federation’s Notice of Intent to Sue at: http://bit.ly/24mrSQ8

By law, pipeline operators can transport oil only if they have oil spill response plans that are approved by the authorized federal official or agency. PHMSA violated several laws in approving Enbridge Energy’s oil spill response plans for Line 5 including:

  1. The National Environmental Policy Act, which requires PHMSA to assess impacts on the environment, including shorelines, beaches, fish, and wildlife. The agency failed to conduct an environmental impact assessment.
  2. The Endangered Species Act, which mandates that PHMSA assess impacts on endangered or threatened fish and wildlife. The agency failed to consult with the U.S. Fish and Wildlife Service in assessing impacts to these species.
  3. The Oil Pollution Act, because PHMSA lacked the authority to approve oil spill response plans for sections of Line 5 where it runs through the Straits of Mackinac and other navigable waters in Michigan’s Upper and Lower Peninsulas. Under the Oil Pollution Act of 1990, only the Secretary of the U.S. Department of Transportation is authorized to approve oil spill response plans for pipelines running in, on, or under inland navigable waters—not PHMSA.

“An oil spill, and a worst-case discharge of oil in particular, may significantly harm if not destroy the unique cultural and natural resources in the shadow of Line 5,” the National Wildlife Federation’s filing states. “So, too, a spill may significantly impact or destroy the bountiful fish and wildlife, as well as the recreation and tourism the ecological resources in the area support.”

BIA Launches New Summer Internship Program for Native Students

Acting Assistant Secretary Roberts Announces Launch of the Indian Affairs
2016 Student Leadership Summer Institute for Native Students

Summer Institute builds on President’s Generation Indigenous commitment to remove barriers to opportunities for success for Indian Country’s future leaders

WASHINGTON – As part of President Obama’s Generation Indigenous (“Gen-I”) initiative to remove barriers to success for Native Youth,Acting Assistant Secretary – Indian Affairs Lawrence S. Roberts today announced the launch of the 2016 Indian Affairs Student Leadership Summer Institute, a paid 10-week summer internship program with the agency that begins in early June.  The Institute will provide American Indian and Alaska Native post-secondary students with a unique opportunity to learn about federal policymaking and develop management and leadership skills within high-profile offices throughout the Indian Affairs organization.  Roberts made the announcement at the National Congress of American Indians’ “Tribal Nations Legislative Summit 114th Congress Executive Council” meeting.

“Indian Affairs is excited to offer the Indian Affairs Student Leadership Summer Institute, which will provide opportunities for Native students to gain experience and leadership skills to help serve Indian Country,” Acting Assistant Secretary Roberts said.  “Under the President’s Gen-I initiative we are privileged to provide learning opportunities for the next generation of Native leaders, and believe that this program is a chance to help our young people gain valuable experience that will serve them well throughout the rest of their careers.”

The Indian Affairs Student Leadership Summer Institute’s mission is to engage and support the next generation of Native students interested in rising to leadership levels within federal government.  The program will provide participants with:

  • An introduction to the government-to-government relationship between the United States and the 567 federally recognized tribal nations;
  • An understanding of how the federal government carries out its trust responsibilities to tribal and individual Indian trust beneficiaries;
  • How the tribal consultation process guides the development and implementation of federal Indian policies and regulations;
  • Real-world exposure to the Indian Affairs organization and its component bureaus, offices and programs that carry out its part of the Secretary of the Interior’s overall responsibilities to Indian Country.

The Institute is open to American Indian and Alaska Native students currently enrolled in undergraduate or graduate degree programs.  Between 15-to-20 students will be selected to work at either Indian Affairs’ headquarters offices in Washington, D.C., or at the Bureau of Indian Affairs’ (BIA) 12 regional offices.  Internships will begin in early June and end mid- August.

Application and Eligibility Requirements

I. To be eligible for the 2016 Indian Affairs Student Leadership Summer Institute, an applicant must:

  • Be a member of a federally recognized tribe.
  • Be currently enrolled and in good standing in an undergraduate or graduate degree program.
  • Be at least 18 years of age.
  • Have completed at least two years of an undergraduate degree program.

II. Applications must include the following requirements:

  • Personal Statement (700-word limit)The statement should discuss the applicant’s interest in the Indian Affairs Student Leadership Summer Institute and how it fits into his or her future goals of serving Indian Country.  It should also describe the applicant’s personal qualities or previous leadership experiences that will enhance the experience of other American Indian and Alaska Native program participants and an area of her or his education, experience in a certain field of policy, cultural background/familiarity (close ties to region) or any other information that would help determine the applicant’s proper placement or secure a placement preference within a specific Indian Affairs office.
  • ResumeA one-page resume is preferred, but must be no more than two pages in length.  It must list the following: education, honors and awards, work experience (including other internships), school activities (e.g., clubs, research, presentations), and/or any community activities (e.g., volunteer activities, leadership roles).
  • Indian Preference Verification Form BIA-4432Because preference in filling vacancies within Indian Affairs offices is given to qualified Indian candidates in accordance with the Indian Preference Act of 1934 (Title 25, USC, Section 472), an applicant must include Verification Form BIA-4432 with their application package prior to the closing date of the announcement, but only if claiming Indian Preference on the application.  Applicants selected under Indian Preference will be appointed under Excepted Service, Schedule A 213.3112 (a) (7) appointing authority.  For the form, go to http://www.bia.gov/cs/groups/xbie/documents/text/idc015515.pdf.
  • TranscriptsA full set of unofficial transcripts must be submitted at the time of application.  They will be used to evaluate the level for which an applicant qualifies, which then will determine the grade level and salary offered.

While applications will begin to be accepted on Monday, February 29, 2016, through the federal employment opportunities website www.USAJobs.gov, they are due by 11:59 p.m. EST on Friday, March 11, 2016.  Questions about the Indian Affairs Student Leadership Summer Institute program, eligibility, how to apply, and application requirements may be sent to IA_Institute@bia.gov.

Indian Affairs’ responsibility to the federally recognized American Indian and Alaska Native tribes is rooted in Article I, Section 8 of the United States Constitution and subsequently defined in treaties, acts of Congress, executive orders and actions, federal court decisions, and federal policies and regulations.

The Assistant Secretary – Indian Affairs supports the Secretary of the Interior in carrying out the Department’s responsibilities to the federally recognized tribes through BIA and BIE programs and services.  The BIA’s mission includes developing and protecting Indian trust lands and natural and energy resources; supporting social welfare, public safety and justice in tribal communities; and promoting tribal self-determination and self-governance.  For more information, visit www.indianaffairs.gov.

The BIE implements federal Indian education programs and funds 183 elementary and secondary day and boarding schools (of which two-thirds are tribally operated) located on 64 reservations in 23 states and peripheral dormitories serving over 40,000 students. BIE also operates two post-secondary schools, and administers grants for 28 tribally controlled colleges and universities and two tribal technical colleges, and provides higher education scholarships to Native youth.  For more information, visit www.bie.edu.

Registration for Next Week’s AIPRA CLE in Albuquerque

There is still time to register for the CLE on the American Indian Probate Reform Act next Tuesday, Feb. 23, 2016 in Albuquerque, New Mexico. This five-hour course will expose you to the principles, purposes, and implications of AIPRA with the last hour dedicated to the ethics of writing AIPRA-compliant wills.

Course instructors are:

Stephanie Hudson, Adjunct Clinical Professor for the Jodi Marquette American Indian Wills Clinic at Oklahoma City University School of Law
Gus Kerndt, Fiduciary Trust Officer with the Office of the Special Trustee for American Indians in the Department of the Interior
Christine Zuni Cruz, Dickason Professor of Law at the University of New Mexico

The session will be held in the Auditorium at the New Mexico State Bar, 5121 Masthead St. N.E., Albuquerque, NM 87109. The charge for attendance is $350 for attorneys receiving 5 CLE credits (pending). Admission is free for law students, and others may attend for a nominal contribution to the Indian Land Tenure Foundation. Lunch is provided.

Click here to register for the event.

Lewis & Clark Law School Talk with Frank Pommersheim on March 10, 2016

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USDOT Virtual Tribal Forum on the Future of Transportation in America (Beyond Traffic)

The U.S. Department of Transportation invites you to participate in

BEYOND TRAFFIC

Virtual Forum for Tribal Nations

A Discussion about the Future of our Nation’s Transportation System featuring the Honorable Anthony Foxx, Secretary, U.S. Department of Transportation

Thursday, February 18, 2016
2:30 P.M. (E.S.T.)

We hope you will join us for a robust and interactive discussion about the Beyond Traffic Draft Framework and the future of our nation’s transportation system.  The Beyond Traffic Draft Framework outlines key trends facing our nation’s transportation system and potential policy considerations.  Following an overview of the key trends facing our nation’s transportation system from senior DOT leaders, participants will have the opportunity to provide direct insights on the draft “Beyond Traffic” framework, intended to ignite a national conversation on how new technologies and public policy will shape U.S. transportation systems to enable new safety, mobility, growth, and economic benefits over the next 30 years.

Please note that the Beyond Traffic Draft Framework can be downloaded at www.transportation.gov/beyondtraffic.

Please RSVP at

https://www.surveymonkey.com/r/BeyondTrafficTribal

Thank you!

ABA Resolution #117 Adopted by House of Delegates

Link to final resolution and report here.

BIA Releases Scoping Report for Little River Band Casino

Download the report here.

Job Opening, Associate Counsel, Eastern Band Cherokee

Eastern Band Cherokee is searching for an Associate Attorney to work in the Attorney General’s Office, Civil Law Department. Requires at least 2 years experience with tribal law.

The job closes on February 12th at 4pm.
Applications can be mailed to: E.B.C.I Employment Department PO Box 553 Cherokee, NC 28719.

Applicants can also call 828-359-6388 and see if it’s possible to email/scan.

Full job description available here  Associate Counsel IV EBC

 

Applications forms available here 2013-revised-application EBC

Spokane County Bar Association Seventh Annual Indian Law Conference

Download agenda and registration form here.