Link to USAJobs announcement SOL-2016-0031 here.
Provides legal counsel and services primarily related to cultural and natural resource management including NAGPRA.
Link to USAJobs announcement SOL-2016-0037 here.
Provides legal counsel and services focused primarily on the Commercial Services Program.
Download job announcement here.
Download notice from the Federal Register here.
The Federal Highway Administration is announcing its intent to establish a negotiated rulemaking committee to develop a proposed rule to carry the Tribal Transportation Self-Governance Program (TTSGP) as required by Section 1121 of the Fixing America’s Surface Transportation (FAST) Act. The FHWA will select the tribal representatives for the committee from among elected officials of tribal governments (or their designated employees with authority to act on their behalf), acting in their official capacities and whose tribes have existing Title 23 U.S.C. funding agreements with the Department. To the maximum extent possible, FHWA will consider geographical location, size, and existing transportation and selfgovernance experience, in selecting tribal committee representatives. Per the FAST Act, the committee will assist in the development of a Notice of Proposed Rulemaking that contains the proposed regulations needed to implement the TTSGP.
Download materials in the matter of Klickitat County v. U.S. Department of Interior (E.D. Wash.):
Doc. 1 Complaint for Declaratory and Injunctive Relief
Link to previous coverage here.
Download decision here.
By using State v. Buchanon, 978 P.2d 1070 (Wash. 1999), the Oregon courts held that treaty hunting can only happen on traditional hunting grounds. The bighorn sheep were taken on land south of the Powder River, which state witnesses testified was the Nez Perce Tribe’s southern border due to historical conflicts with the Northern Paiutes.
Defendant was charged in November 2008 after bringing the sheep to the Oregon Department of Fish and Wildlife for tagging so they could be stuffed.
The case is State v. James Bronson, Jr., 586 P.3d 154 (Ore. Ct. of App. 2016).
Here are the materials, so far, in Littlefield et. al. v. U.S. Department of Interior (D. Mass.):
Doc. 1 – Complaint for Declaratory and Injunctive Relief
Doc. 10 – United States’ Memorandum of Law in Support of Motion for Partial Dismissal
Except:
Plaintiffs’ Fifth Cause of Action seeks a declaration that the IRA, enacted over eighty years ago, is unconstitutional. Plaintiffs specifically allege that the IRA’s provision authorizing the Secretary to acquire land in trust on behalf of federally-recognized Indian tribes somehow reflects an unconstitutional delegation of legislative authority. This legal question, however, has long been resolved against Plaintiffs by all courts to consider it, including the First Circuit in a decision binding on this Court. Federal courts have held, consistently and repeatedly, that the Secretary’s authority to acquire land in trust under the IRA does not violate the United States Constitution because there are sufficient intelligible principles provided in the statute and its legislative history to guide the Secretary’s discretion whether to acquire land in trust on behalf of a tribe. Moreover, it has been over 85 years since the Supreme Court invalidated any statute on the grounds of excessive delegation of legislative authority. The Supreme Court in fact has only found two statues to be a violation of the non-delegation doctrine, neither of which are comparable to the statute at issue here. Accordingly, the Court must dismiss Plaintiffs’ Fifth Cause of Action.
Trump Foreign Policy Advisor Tied To Montana Anti-Tribal Efforts
Excerpt:
Joseph Schmitz is well at home with the anti-Muslim tenor of Kogan’s anti-CSKT lawsuit, having supported Donald Trump’s call to bar Muslims from entering the United States, according to the Washington Post. Schmitz is a Senior Fellow with the Center for Security Policy (CSP), a Washington, D.C-based think tank and leading force promoting the idea that Islamic sharia law is taking over the United States.
Download job announcement here.
Instructions for FY 2017 CPS Applications
Applications due May 15, 2016.
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