Here are the materials in Sierra Club v. Dept. of Transportation:
D.C. Circuit Briefs in Challenge to LNG Rule
Regulations
Comment on the U.S. Forest Service’s Proposed Rule, “Land Uses; Special Uses; Carbon Capture and Storage Exemption,” 88 Federal Register 75530 (Nov. 3, 2023)
(Belatedly, We Announce the) New 25 CFR Part 151 Land Acquisitions Rule
Here.
Been busy having fun out of the office . . . .
Coalition of Large Tribes Comments on the Tax Treatment of Tribally-Chartered Corporations and Other Entities Organized by Tribes Under Tribal Law
New Regulation, 25 C.F.R. Part 2 — Appeals From Administrative Actions
Here.
Summary:
The Department of the Interior (Department) is finalizing updates to its regulations governing the process for pursuing administrative review of actions by Indian Affairs officials. These updates provide greater specificity and clarity to the Department’s appeals process; and reflect changes in the structure and nomenclature within Indian Affairs.
Interior Proposes New Fee-to-Trust Regs and New Class III Compact Process Regs, Parts 151 and 293
Here.
From the notice:
The Department of the Interior (Department) invites Tribal Leaders to consult on the Notice of Proposed Rulemaking (NPRM) for the Department’s Land Acquisition regulations, 25 CFR Part 151, and the NPRM for the Department’s Class III Tribal State Gaming Compact Process, 25 CFR Part 293.
25 CFR Part 151, Land Acquisition
Since the Department first promulgated these regulations in 1980, it has developed extensive experience in the fee-to-trust acquisition process. Relying on that experience and input from Tribes, this proposed rule seeks to make the fee-to-trust process more efficient, simpler, and less expensive to support restoration of Tribal homelands.
- The proposed Part 151 rule published in the Federal Register at the following link on December 5, 2022: https://www.govinfo.gov/content/pkg/FR-2022-12-05/pdf/2022-25735.pdf
- The current regulations can also be found at: https://www.govinfo.gov/content/pkg/CFR-2021-title25-vol1/pdf/CFR-2021-title25-vol1-part151.pdf
25 CFR Part 293, Class III Tribal State Gaming Compact Process
The Department is developing proposed updates to Part 293 to provide clear guidance regarding the Secretary’s review and evaluation process for Tribal-State class III gaming compacts. The current regulations do not identify the factors the Department considers; rather, those factors are contained in a series of decision letters issued by the Department since the enactment of the Indian Gaming Regulatory Act in 1988. Recent and ongoing litigation highlights the need for the Department to clarify how it will review or analyze gaming compacts to determine whether they comply with federal law.
- The proposed Part 293 rule will be published in the Federal Register on December 6, 2022, and is currently on public inspection at the following link: https://public-inspection.federalregister.gov/2022-25741.pdf
- The current regulations can also be found at: https://www.govinfo.gov/content/pkg/CFR-2021-title25-vol1/pdf/CFR-2021-title25-vol1-part293.pdf
Tribal Consultation
The Department will conduct two virtual consultation sessions and one in-person consultation to obtain further Tribal input on the Part 151 NPRM and the Part 293 NPRM. The consultation sessions will be open to Tribal leadership and representatives of federally recognized Indian Tribes and Alaska Native Corporations. Please join us at one or more of the following consultations sessions.
If you would like to provide written comments, please email them to consultation@bia.gov by 11:59 p.m. EST on Wednesday, March 1, 2023.
Scotts Valley Band Responds to Feds’ Motion for Reconsideration
Here is the pleading in Scotts Valley Band of Pomo Indians v. Dept. of the Interior (D.D.C.):
Prior post here.
SCOTUS Denies Cert in Indian Tax Case — Albrecht v. Riverside County
Albrecht v. County of Riverside Cert Petition [Leasing Regs + Taxation Preemption]
Here:
Lower court materials here.
Questions presented:
- Do the federal regulations governing the leasing of Indian lands preempt state and local governments
from taxing the leasehold interest conveyed by the regulated leases? - Does the express preemption provision of the Indian Reorganization Act of 1934—which prohibits
state taxes on “any interest in lands” that the government “acquire[s] pursuant to this Act … in trust
for [an] Indian tribe or individual Indian”—apply when the government acquires extended trust rights
pursuant to the Act?
BIA Calls for Tribal Input on Part 151 [Land Acquisition] and Part 293 [Class III Compacting] Amendments
Here.
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