Update in Desert Water Agency v. Bureau of Indian Affairs — Suit over BIA Leasing Regulations

Here are the new materials:

12-3 Mot Dismiss – Proposed Order 6-7-2013

12-1 Mot Dismiss – Memo ISO Mot Dismiss 6-7-2013

12-2 Mot Dismiss – Decl Elizabeth Appel ISO Mot Dismiss 6-7-2013

DESERT WATER AGENCY_ FOIA Response fm US Dept. of the Interior

TM10_-_Kenny_Wilson_REDACTED

Agua_Caliente

— EO 13175

— 318 DM 5

Prior post here.

Draft 25 CFR Part 83 Regs (Office of Federal Acknowledgment)

Here:

idc1-022123

Quick Comments:

This revision strikes me as a response in some ways to the Carcieri decision. The first obvious change is that tribal groups need only to prove existence (for lack of a better word so early in the morning) dating back to 1934 instead of 1900. As a result, some of the substantive criteria has been changed due to the date change, and perhaps even liberalized to the benefit of petitioning groups.

Finally, there appears to be some changes allowing for expedited decisions favoring tribes previously recognized in some contexts, perhaps ala Tejon.

DOJ Publishes Notice of VAWA Pilot Program

Here.

Description:

This notice proposes procedures for an Indian tribe to request designation as a participating tribe under section 204 of the Indian Civil Rights Act of 1968, as amended, on an accelerated basis, pursuant to the voluntary pilot project described in section 908(b)(2) of the Violence Against Women Reauthorization Act of 2013 (“the Pilot Project”), and also proposes procedures for the Attorney General to act on such a request. This notice also invites public comment on the proposed procedures and solicits preliminary expressions of interest from tribes that may wish to participate in the Pilot Project.

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.

Thurston County Response to Chehalis Request for Judicial Notice of Federal Leasing Regs

Here:

Thurtson County Response to Motion for Judicial Notice

The motion is here.

Chehalis Asks Ninth Circuit to Take Judicial Notice of New Interior Regulations re: Taxability of Trust Land Improvements

Here is the motion in Confederated Chehalis Tribes v. Thurston County Board of Equalization:

Chehalis Motion to Take Judicial Notice

The federal regs are here. 25 CFR 162.017 reads:

Subject only to applicable Federal law, permanent improvements on the leased land, without regard to ownership of those improvements, are not subject to any fee, tax, assessment, levy or other charge imposed by any State or political subdivision of a  State. Improvements may be subject to taxation by the Indian tribe with jurisdiction.

Briefs are here. Lower court materials here.

Final Regulation on Leasing Approval Process

The regulation is part of the implementation of the HEARTH Act and updates regulations originally established in 1961.

Press Release here.

Final Rule here.

Fact Sheet here.

DOJ Issues New Eagle Feather Policy re: Tribal Members

Here. The full policy is here.

From the press release:

The policy provides that, consistent with the Department of Justice’s traditional exercise of its discretion, a member of a federally recognized tribe engaged only in the following types of conduct will not be subject to prosecution:

·          Possessing, using, wearing or carrying federally protected birds, bird feathers or other bird parts (federally protected bird parts);

·          Traveling domestically with federally protected bird parts or, if tribal members obtain and comply with necessary permits, traveling internationally with such items;

·          Picking up naturally molted or fallen feathers found in the wild, without molesting or disturbing federally protected birds or their nests;

·          Giving or loaning federally protected bird parts to other members of federally recognized tribes, without compensation of any kind;

·          Exchanging federally protected bird parts for federally protected bird parts with other members of federally recognized tribes, without compensation of any kind;

·          Providing the feathers or other parts of federally protected birds to craftspersons who are members of federally recognized tribes to be fashioned into objects for eventual use in tribal religious or cultural activities.

Absentee Shawnee/Okla. Seminole Challenge to HUD Funding Allocation Regulation Fails

Here are the materials in Absentee Shawnee Housing Authority v. HUD (W.D. Okla.):

DCT Order Rejecting Challenge to HUD Decision

Plaintiffs’ Brief

HUD Response

Plaintiffs’ Reply

Great Lakes NWF Report on Fracking in Michigan and Ohio

Here.

An excerpt from the website:

A new legal analysis by the National Wildlife Federation finds that laws in Michigan and Ohio need to be improved to protect the region’s streams, rivers, lakes, and wildlife from the risks of hydraulic fracturing, or “fracking.” Energy companies use this controversial technique to extract natural gas from fine-grained shale, injecting a mix of water, chemicals, and sand into a well at high pressures to crack open the rock. The natural gas then flows out into the well and is captured aboveground.

Fracking has raised significant environmental concerns, including the potential for impacts on water quality and water-dependent natural resources.

“Our analysis shows that Michigan and Ohio are doing some things right, but the states remain vulnerable to risks associated with fracking,” said Sara Gosman, water resources attorney for the National Wildlife Federation’s Great Lakes office and lecturer at the University of Michigan Law School. “We urge Michigan and Ohio to strengthen their laws to protect public health, wildlife and water resources now and for generations to come.”

Download the full report: Hydraulic Fracturing in the Great Lakes Basin: The State of Play in Michigan and Ohio