Download Memorandum for Record here.
The Corps has denied the permit to build a coal export facility near Cherry Point after deciding the impact to Lummi Nation fishing would violate their treaty rights.
Environmental
25,000 Native Artifacts Found on Proposed Wisconsin Golf Course
Link to “Proposed Kohler golf course laden with Native American artifacts” from The Political Environment here.
One of Governor Walker’s big donors, Herbert Kohler Jr., is seeking DNR approval for a world-class golf course on the shoreline dunes and wetlands between Lake Michigan and the Black River. The amount of artifacts found qualify the site for the National Register of Historic Places.
La Cuna De Aztlan Sacred Sites Protection Circle Advisory Committee v. DOI Cert Stage Briefs
ACHP Letter re: Dakota Access Pipeline Project
Article Published by ABA, Enforcing Tribal Environmental Laws without “Treatment as a State”
Jill Grant has published an article on the Navajo Nation’s innovative petroleum storage tank inspection and enforcement program. The Resource Conservation and Recovery Act lacks a “treatment as a state” provision for Tribes, but the Navajo Nation has found other ways to develop a noteworthy program that enhances environmental protection, Tribal sovereignty, and self-determination.
Link to article here.
Interior Attorney-Advisor Vacancies with National Park Service
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.
FHWA Request for Comments and Nominations for Negotiated Rulemaking Committee
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.
Karuk Tribe Complaint against National Marine Fisheries Service
Here is the complaint in Karuk Tribe v. Stelle (N.D. Cal.):
An excerpt:
This is a civil action against the National Marine Fisheries Service (“NMFS”) of the U.S. Department of Commerce, and the United States Forest Service (“USFS”) of the U.S. Department of Agriculture. Plaintiffs allege NMFS violated the Endangered Species Act (“ESA”) when it issued a Biological Opinion (“BiOp”) and Incidental Take Statement (“ITS”) for the Westside Fire Recovery Project on Forest Service lands in the Klamath River watershed. Plaintiffs further allege the USFS violated the National Environmental Policy Act and National Forest Management Act when it issued a Record of Decision (“ROD”) approving the Westside Fire Recovery Project on the Klamath National Forest.
Federal Court Dismisses Suit to Force BIA to do More to Protect Eagles affected by Wind Energy
Here are the materials in Protect Our Communities Foundation v. Black (S.D. Cal.):
34-1 Ewiiaapaayp Band of Kumeyaay Indians Motion
43 Ewiiaapaayp Band of Kumeyaay Indians Reply
EWI Protect Our Communities Order Granting Motion for Judgment on Pleadings_3-29-16
An excerpt:
This case concerns the construction of the second phase of an industrial-scale wind farm and the well-being of eagles who nest in or pass through the same general area. More particularly, Plaintiffs, with the noble goal of protecting these eagles, challenge a federal agency’s approval of the project despite its potential to harm eagles. The issue in this case and for these Motions is not whether the agency and those involved in building the wind farm may simply disregard the eagles’ well-being. Harming or killing eagles is a serious offense that subjects offenders to civil fines, criminal fines, and even imprisonment. That is not in dispute. Rather, the question in this case and for these Motions is whether the agency that Plaintiffs sued—BIA—was obligated to take further steps to protect these birds under federal law. Because BIA did not have a legal obligation to proactively ensure that Tule would not violate other federal laws and because, after BIA issued its decision, there was no remaining major federal administrative agency action that would require supplemental environmental analysis, the Court GRANTS Tule’s, the Tribe’s, and BIA’s Motions.
News Profile of Klamath River Dam Removal Plan
Here.
More here:
http://www.krcrtv.com/north-coast-news/news/dam-removal-along-klamath-river-moves-forward-with-agreement/38903812
http://www.capitalpress.com/Water/20160406/state-federal-officials-sign-new-klamath-dam-agreements
Coverage focusing on the tribal impact: http://www.takepart.com/article/2016/04/06/removal-klamath-river-dams-california-oregon
Turtle Talk 
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