Fletcher Statement to the Secretarial Commission on Indian Trust Administration and Reform

The Commission honored me with an invitation to submit a statement and present it at their April Nashville meeting, but I was unable to attend. However, my statement is available at SSRN here.

Saginaw Chippewa Files Sixth Circuit Petition for Review of NLRB Jurisdictional Decision

Here are the materials so far in Saginaw Chippewa Indian Tribe v. NLRB:

Petition for Review – Filed Case No. 13-1569

Docketing Letter – 5-3-13

The NLRB decision is here.

A parallel decision and petition for review in the Sixth Circuit by the Little River Band of Ottawa Indians is here.

Tomorrow — Webinar on IRS General Welfare Guidance

NCAI & Partner Organizations Host Webinar on Comments to IRS General Welfare Guidance
this Thursday, May 9th

 Join NCAI and our partners on a webinar this Thursday, May 9, 2013 at 2:00 p.m. eastern time to review draft comments and provide input on the IRS’ General Welfare Exclusion.

During the 2012 White House Tribal Nations Summit, the IRS released Proposed Guidance in Notice 2012-75 for how its Office of Indian Tribal Governments will examine certain programs administered by tribal governments, including programs for housing, education, elder and travel assistance, as well as cultural programs. In that notice, the IRS designated a June 3 comment deadline for tribes to submit suggestions and comments on the proposed guidelines.

NCAI, in partnership with the United South and Eastern Tribes (USET), the Affiliated Tribes of Northwest Indians (ATNI), the California Association of Tribal Governments (CATG), the United Indian Nations of Oklahoma, Kansas and Texas (UINOKT), the Midwest Alliance of Sovereign Tribes (MAST) and the Native American Finance Officers Association (NAFOA), has developed Draft Joint Comments on behalf of tribal nations.

Please join us as we discuss the Draft comments and seek additional views from tribal nations on the content of these collective draft comments.

After registering, you will receive a confirmation email containing information about joining the webinar.

New Scholarship on Arizona v. California (1963)

Lawrence J. MacDonnell published Arizona v. California Revisited in the Natural Resources Journal last fall. Here is the abstract:

The U.S. Supreme Court’s 1963 decision in Arizona v. California profoundly influenced uses of Colorado River basin water in those two states and throughout the basin. This article takes an in-depth look at this litigation, the decision, and its consequences. It argues the decision should be limited to the issues directly decided as the basin states and Mexico now consider ways to deal with a diminished water supply.

 

Arizona COA Decides that Navajo Nation Elected Officials Not Eligible for State Unemployment Insurance

Here is the opinion in Robbins v. Arizona Dept. of Economic Security:

Robbins v Ariz Dept Econ Sec Opinion

We posted a brief from this case back on random brief day in February.

Tohono O’odham Nation Largely Prevails in Compact Breach Dispute with Arizona — One Issue Remains

Here is yesterday’s order in Arizona v. Tohono O’odham Nation (D. Ariz.):

DCT Order

An excerpt:

Defendant Tohono O’odham Nation (the “Nation”) plans to construct and operate a major casino on unincorporated land within the outer boundaries of the City of Glendale, Arizona, which is in the greater Phoenix metropolitan area. The State of Arizona, the Gila River Indian Community, and the Salt River Pima-Maricopa Indian Community (collectively “Plaintiffs”) argue that the proposed casino violates the 2002 Gaming Compact between the State of Arizona and the Nation (“the Compact”), and ask the Court to enjoin the casino’s construction. The parties have filed cross-motions for summary judgment, and the Court heard oral arguments on April 9, 2013. For reasons explained below, the Court will grant the Nation’s motion for summary judgment on all but one of Plaintiffs’ claims, and will require additional briefing on the remaining claim.

Briefs are here.

Montana SCT Decides ICWA Active Efforts Case

Here is the opinion in In re D.S.B.

The briefs:

Appellant brief

Appellee brief

Reply brief

The Guardian on Influence of American Indians on European Art

Here.

Jenny Reardon and Kim Tallbear on DNA, Genomics, and Anthropology

Last year, Jenny Reardon and Kim Tallbear published “‘Your DNA is Our History’: Genomics, Anthropology, and the Construction of Whiteness as Property” in Current Anthropology. PDF here.

Important paper.

The abstract:

During the nineteenth century, the American School of Anthropology enfolded Native peoples into their histories, claiming knowledge about and artifacts of these cultures as their rightful inheritance and property. Drawing both on the Genographic Project and the recent struggles between Arizona State University and the Havasupai Tribe over the use of Havasupai DNA, in this essay we describe how similar enfoldments continue today—despite most contemporary human scientists’ explicit rejection of hierarchical ideas of race. We seek to bring greater clarity and visibility to these constitutive links between whiteness, property, and the human sciences in order that the fields of biological anthropology and population genetics might work to move toward their stated commitments to antiracism (a goal, we argue, that the fields’ antiracialism impedes). Specifically, we reflect on how these links can inform extralegal strategies to address tensions between U.S. and other indigenous peoples and genome scientists and their facilitators (ethicists, lawyers, and policy makers). We conclude by suggesting changes to scientific education and professional standards that might improve relations between indigenous peoples and those who study them, and we introduce mechanisms for networking between indigenous peoples, scholars, and policy makers concerned with expanding indigenous governance of science and technology.

“Indian Reservation Safety Improvement Program: A Methodology and Case Study”

Study here.

Abstract:

The need to reduce fatal and injury crashes on Tribal lands has been recognized for years. The U.S. has realized a decline in fatal crashes over the past several years but fatal crashes continue to increase on Tribal lands. Little progress has been made in improving safety on Tribal lands. Limited resources and lack of coordination across jurisdictions has made it difficult for Native American communities to address their roadway safety concerns. The rural nature of many of their roadways and lack of crash data has also made it difficult for Tribes to implement an effective safety improvement program. A methodology that is able to address these challenges is presented in this paper to assist Tribes in reducing fatal and injury crashes. The proposed methodology has been implemented successfully in the Wind River Indian Reservation. Key to the success of such a process is collaboration among safety stakeholders, namely the state departments of transportation, Tribal leadership, Local Technical Assistance Program (LTAP), Tribal Technical Assistance Program (TTAP), Bureau of Indian Affairs (BIA), and local and Tribal law enforcement.