House Resources Committee Chair Demands BIA Reverse Obama Administration Gaming Decisions

Here:

2017-02-15 Bishop letter to Cason

Nooksack Tribe Sues Interior for Refusing to Recognize Tribal Council, Fund Contracts

Download(PDF): Complaint for Injunction, Writ of Mandamus, Declaratory Judgment, and Other Relief

Interior Solicitor’s Memo Opinions Issued Before Leaving Office

Downloads(PDF):

Opinion Regarding the Status of Mineral Ownership Underlying the Missouri River within the Boundaries of the Fort Berthold Reservation (1/18/2017)

Authority to Acquire Land into Trust in Alaska (1/13/2017)

News Release: Roberts Announces Inclusion of Updated CSC Policy into DOI Indian Affairs Manual

Download(PDF): Press Release

Excerpt:

Lawrence S. Roberts today issued an updated Contract Support Costs (CSC) Policy for the Indian Affairs Manual (IAM). The updated Policy reflects extensive tribal consultation and the work of the Bureau of Indian Affairs’ (BIA) CSC Workgroup, which is comprised of tribal and federal experts.

The updated Policy provides for the full payment of CSC and helps ensure that the payment of CSC is accurate, timely, and meets 100 percent of a tribe’s CSC need as calculated under the Policy. The Policy also simplifies and streamlines CSC calculation to expedite payment.

Interior Approves Craig Tribal Association’s Land-into-Trust Application

Download(PDF): Press Release

Link: Notice in Federal Register

Excerpt:

Principal Deputy Assistant Secretary – Indian Affairs Lawrence S. Roberts, who leads the Office of the Assistant Secretary – Indian Affairs, today announced the Department’s decision to place a 1.08-acre land parcel owned by the Craig Tribal Association, a federally recognized tribe headquartered in the City of Craig, Alaska, into federal Indian trust status. The decision is the first under the Department’s revised rule for taking tribal land into trust in Alaska.

VAWA Tribal Trial Advocacy Skills Training at Eastern Band Cherokee

EBC_VAWA_SaveTheDate

August 24-26, 2016
Harrah’s Cherokee Casino Eastern Band of the Cherokee Nation Cherokee, North Carolina

The BIA Office of Justice Services and the Eastern Band of the Cherokee Nation present a free training for tribal judges, prosecutors, public defenders and tribal leaders in trial advocacy skills and the Violence Against Women Act Reauthorization Special Domestic Violence Jurisdiction over Non-Indians.

Presenters Include:

Jill Rose, United States Attorney, Western District of North Carolina
Hon. Steve Aycock, National Council of Juvenile and Family Court Judges
John Pritchard, Assistant United States Attorney and Tribal Liaison, Western District of North Carolina
Leslie Hagan, National Indian Country Training Coordinator for the Justice

The Training is free of charge, but travel and lodging are at the participant’s expense. Rooms have been reserved at the Harrah’s Cherokee Casino Resort at a conference rate of $129 a night. Call 1-866-503-3904 to reserve rooms and use the conference code S08VAWA.

Please email and return the attached registration form to Tessa Turnbow at tessat@whitenergroup.biz

Article, “The Timbisha Decision – A Familiar Story and Dangerous Precedent”

Christopher Foley, attorney at The Indian Law Resource Center, has published an article criticizing the most recent court decision in the Death Valley Timbisha Shoshone case.

Link to article here

From the article:

The Death Valley Timbisha Shoshone Tribe was dealt another setback last week in its ongoing efforts to preserve its constitutional government in the face of persistent federal interference.

On May 27, 2016, the United States Court of Appeals for the Ninth Circuit issued a disappointing decision in the Tribe’s federal lawsuit asserting that the Interior Department’s installation of a new Timbisha government was illegal. The court did not rule on the claims of the Tribe that the Bureau of Indian Affairs had acted illegally. Instead, the court simply said that the case was moot, that deciding those issues would make no difference. The court erroneously found that a tribal constitution that was purportedly adopted in 2014 should retroactively govern this case, and it decided all this without any factual record and no trial at which to present evidence.

This is a familiar story. The United States government claims to support tribal sovereignty and to respect self-government, but when it wants to overrule or take over a tribe it simply does so. It is rarely stopped or restrained by the courts.

Previous coverage here

Notice of Proposed Rule Making on Native Hawaiian Self Governance

NPRM here.

Press release here.

WASHINGTON – The U.S. Department of the Interior announced today a proposal to create an administrative procedure and criteria that the Secretary of the Interior would apply if the Native Hawaiian community forms a unified government that then seeks a formal government-to-government relationship with the United States. Under the new proposal, the Native Hawaiian community — not the Federal government — would decide whether to reorganize a Native Hawaiian government, what form that government would take, and whether it would seek a government-to-government relationship with the United States.

Tribal Access to Name Based Background Checks for Emergency Placements

Tribal Access to Name Based Background Checks for Emergency Placements

For some time tribes have raised the issue of tribal child welfare agencies not having access to name-based background checks for emergency child placements.

The Bureau of Indian Affairs (BIA) Office of Justice Services is now authorized to do name-based background checks for tribal emergency placements for tribes with social services agencies.  The program is called, “BIA-OJS Purpose Code X Program.”  Children’s Bureau is working with BIA and the Department of Justice to inform tribes about the change and roll out of the process.  Two informational phone calls will be held to disseminate information about the name-based background checks and the process.  These calls will include partners with the Department of Justice and the Bureau of Indian Affairs who will be on hand to answer questions.

Two Opportunities to participate in an Informational Call-In about BIA-OJS Purpose Code X Program with Department of Justice, Bureau of Indian Affairs – Office of Tribal Justice, and Children’s Bureau:

Wednesday August 26, 2015

First Call:  3:00pm to 4:00pm (Eastern time) Noon to 1:00pm (Pacific time)

Participants can register for the conference by navigating to http://dpregister.com/10071565
Please note that registered participants will receive their dial in number upon registration.

Pre-registration fields of information to be gathered:  Name, Tribal Affiliation

Those without internet access or unable to pre-register may dial in by calling:
PARTICIPANT DIAL IN (TOLL FREE):           1-877-270-2148
PARTICIPANT INTERNATIONAL DIAL IN:  1-412-902-6510

Information gathered for unregistered parties:  Name and Company
Please ask to be joined into the United States Department of Justice call.

Second Call: 4:00pm to 5:00pm (Eastern time) 1:00pm to 2:00pm (Pacific time)

Participants can register for the conference by navigating to http://dpregister.com/10071577
Please note that registered participants will receive their dial in number upon registration.

Pre-registration fields of information to be gathered:  Name, Tribal Affiliation

Those without internet access or unable to pre-register may dial in by calling:
PARTICIPANT DIAL IN (TOLL FREE):           1-877-270-2148
PARTICIPANT INTERNATIONAL DIAL IN:   1-412-902-6510

Information gathered for unregistered parties:  Name and Company
Please ask to be joined into the United States Department of Justice call.

The U.S. Department of Justice announced on Wednesday, August 19, 2015 the Tribal Access Program for National Crime Information, or TAP, will allow federally recognized tribes to enter criminal records into and pull information out of national databases overseen by the Criminal Justice Information Services Division of the Federal Bureau of Investigation.

The U.S. Department of Justice (DOJ) has established the Tribal Access Program for National Crime Information (TAP) to provide tribes access to national crime information databases for both civil and criminal purposes. TAP will allow tribes to more effectively serve and protect their nation’s citizens by ensuring the exchange of critical data.  The new TAP program will support and train tribes as they connect with the system. Once established, they’ll be able to use the databases in the same way as outside law enforcement.

Also on Wednesday, August 19, Assistant Secretary – Indian Affairs Kevin K. Washburn announced a new Bureau of Indian Affairs’ Office of Justice Services (BIA-OJS) program to assist federally recognized tribal social services agencies seeking to place children in safe homes. “The BIA-OJS Purpose Code X Program will provide tribal social service agencies with the information they need to protect the children they place into care in emergency situations when parents are unable to provide for their welfare,” Washburn said. “This program provides BIA law enforcement personnel with the ability to provide our social service agency partners with much-needed information to help to make sure children requiring emergency placements will be placed in safe homes.” The BIA-OJS Purpose Code X Program arose out of a 2014 working group formed by the Departments of Justice (DOJ) and the Interior (DOI) that also developed the Tribal Access Program for National Crime Information (TAP).

BIA-OJS dispatch centers will be available to provide 24-hour access to criminal history records, so name-based checks can be done immediately. Protocols for operating under the new program are being developed by BIA-OJS and will be tested by a select number of tribes prior to a nationwide implementation of the program.

http://www.justice.gov/tribal/tribal-access-program-tap

Previous coverage here and here.

Department of Justice Announces Program to Enhance Tribal Access to National Crime Information Databases

DEPARTMENT OF JUSTICE ANNOUNCES PROGRAM TO ENHANCE TRIBAL ACCESS TO NATIONAL CRIME INFORMATION DATABASES

 Department of Justice Tribal Access Program (TAP) Will Improve the Exchange of Critical Data 

Department of the Interior Companion Program to Provide Name-Based Emergency Background Checks for Child Placement

WASHINGTON – The Department of Justice is launching an initial phase of the Tribal Access Program for National Crime Information (TAP) to provide federally-recognized tribes access to national crime information databases for both civil and criminal purposes.  TAP will allow tribes to more effectively serve and protect their communities by ensuring the exchange of critical data.

This initial phase of TAP was announced today in a meeting with tribes held during the 2015 Department of Justice/FBI Criminal Justice Information Services (CJIS) Division Tribal Conference in Tulsa, Oklahoma.

“Federal criminal databases hold critical information that can solve crimes, and keep police officers and communities safe,” said Deputy Attorney General Sally Quillian Yates.  “The Tribal Access Program is a step forward to providing tribes the access they need to protect their communities, keep guns from falling into the wrong hands, assist victims and prevent domestic and sexual violence.  Empowering tribal law enforcement with information strengthens public safety and is a key element in our ongoing strategy to build safe and healthy communities in Indian country. ”

“The FBI is pleased to participate in this initiative,” said Executive Assistant Director Amy Hess of the FBI’s Science and Technology Branch.  “This will be a positive step for the tribal agencies to receive valuable criminal information and also for those same tribal agencies to submit criminal information at the national level.  Through this partnership, information becomes richer and communities can become safer.”

TAP will support tribes in analyzing their needs for national crime information and help provide appropriate solutions, including a-state-of-the-art biometric/biographic computer workstation with capabilities to process finger and palm prints, take mugshots and submit records to national databases, as well as the ability to access CJIS systems for criminal and civil purposes through the Department of Justice.  TAP will also provide specialized training and assistance for participating tribes.

While in the Tribal Law and Order Act of 2010 Congress required the Attorney General to ensure that tribal officials that meet applicable requirements be permitted access to national crime information databases, the ability of tribes to fully participate in national criminal justice information sharing via state networks has been dependent upon various regulations, statutes and policies of the states in which a tribe’s land is located.  Therefore, improving access for tribal law enforcement to federal criminal information databases has been a departmental focus for several years.  In 2010, the department instituted two pilot projects, one biometric and one biographic, to improve informational access for tribes.  The biographic pilot continues to serve more than 20 tribal law enforcement agencies.

Departments of Justice and Interior Working Group

In 2014, the Departments of Justice and the Interior (DOI) formed a working group to assess the impact of the pilots and identify long-term sustainable solutions that address both criminal and civil needs of tribes.  The outcome of this collaboration was the TAP, as well as an additional program announced today by the DOI’s Bureau of Indian Affairs (BIA) that provides tribes with national crime information prior to making child placement decisions in emergency circumstances.  Under the BIA program, social service agencies of federally recognized tribes will be able to view criminal history information  accessed through BIA’s Office of Justice Services who will conduct name-based checks in situations where parents are unable to care for their children.

“Giving tribal government programs access to national crime databases through DOJ’s Tribal Access Program for National Crime Information is a tremendous step forward towards increasing public safety in Indian Country,” said Assistant Secretary Kevin K. Washburn for Indian Affairs at the Department of the Interior.  “The Bureau of Indian Affairs Office of Justice Services’ Purpose Code X program provides a much-needed tool for tribal social service agencies when they must find safe homes to place children during temporary emergency situations.”

In the initial phase of the TAP program, the biometric/biographic workstations will be deployed to up to 10 federally-recognized tribes who will provide user feedback.  This phase will focus on assisting tribes that have law enforcement agencies, while in the future the department will seek to address needs of the remaining tribes and find a long-term solution.  The department will continue to work with Congress for additional funding to more broadly deploy the program.

The Department of Justice’s Chief Information Officer manages TAP.

“It is our hope that TAP can minimize the national crime information gap and drive a deeper and more meaningful collaboration between the federal, state, local and tribal criminal justice communities,” said Chief Information Officer Joseph F. Klimavicz for the department.

For more information on TAP, visit www.justice.gov/tribal/tribal-access-program-tap.

For more information about the Justice Department’s work on tribal justice and public safety issues, visit: www.justice.gov/tribal.

For more information about the Department of the Interior Bureau of Indian Affairs, visit www.indianaffairs.gov/