Regulations – Page 5

Judge Ron Whitener and Kate Fort Presentations at NCJFCJ Annual Conference

July 20, 2016July 21, 2016Victoria Sweet

Judge Ron Whitener, Chief Judge of the Tulalip Tribal Court, was the first ever Native plenary speaker at NCJFCJ’s Annual Conference. He gave a presentation entitled “How State and Tribal Court Judges Can Work Together to Improve Outcomes.” Judge Whitener’s presentation was very well-received by the judges, and he received a standing ovation from the audience.

In addition, Kate Fort presented a well-attended session entitled “What State Court Judges Need to Know About ICWA.” Kate gave a brief update on recent court activity around ICWA and then summarized some key provisions in the new ICWA regulations. The judges were thrilled to receive this brand new and important information.

Thanks to both of them for their contributions to the conference and to NCJFCJ for its continuing commitment to tribal courts, tribal issues, and tribal-state collaborations.

Draft ROW Bill Requests Tribal Comments By July 13th

July 8, 2016Sarah M Donnelly2 Comments

Download proposed rule here.

NCAI has been asked to share this draft of the Rights-of-Way bill with Tribes for feedback before it is introduced next Friday by Congressman Luján (D-NM). Turnaround time to provide comments is by middle of next week.

Please review and if you have any feedback, thoughts, or questions, please contact Graham Mason, Legislative Director, Office of Congressman Luján at Graham.Mason@mail.house.gov.

D.C. Circuit Affirms Interior Decision to Acquire Land into Trust for Alaska Native Tribes

July 5, 2016July 5, 2016Matthew L.M. Fletcher1 Comment

Here is the opinion in Akiachak Native Community v. Dept. of Interior.

Briefs here.

Vulture Fund Files to Hold U.S. Liable for Lower Brule Sioux’s Debt

June 29, 2016November 2, 2016Sarah M Donnelly1 Comment

Here are materials in Great American Life Ins. Co. v. U.S. DOI, 16-cv-00699 ( S.D. Ohio):

Doc. 1 – Complaint for Declaratory, Injunctive, and Other Relief

Interior Board of Indian Appeals Order Affirming Decision

Updated Materials:

10 US Motion to Dismiss

D. Wyoming Finds BLM Fracking Regulations Unlawful

June 27, 2016Sarah M Donnelly

Here are materials in Wyoming v. U.S. Dept. of Interior, et al, 15-cv-00043 (Jun. 21, 2016):

Doc. 176 – Brief in Support of Wyoming, Colorado, and Utah’s Petition for Review of Final Agency Action

Doc. 180 – Ute Indian Tribe of the Uintah and Ouray Reservation Merits Brief

Doc. 191 – Respondents’ Merits Brief in Response to the Ute Tribe of The Uintah and Ouray Reservation’s Merits Brief

Doc. 193 – Federal Respondents’ Brief in Response to Merits Briefs of Industry and State Petitioners

Doc. 197 – Reply in Support of Wyoming, Colorado, and Utah’s Petition for Review of Final Agency Action

Doc. 199 – Ute Indian Tribe of the Uintah and Ouray Reservation’s Reply in Support of its Merits Brief

Doc. 207 – Order on Petitions for Review of Final Agency Action

The DOI and respondents have filed a leave to appeal.

Link to previous coverage here.

Mille Lacs County Cancels Cooperative Law Enforcement Agreement with Mille Lacs Band

June 22, 2016Matthew L.M. Fletcher

Here is the news coverage.

The County resolution is available on Melanie Benjamin’s official Facebook page: https://www.facebook.com/ChiefExecutiveMelanieBenjamin/?fref=ts

The Interior Solicitor’s M opinion on the reservation boundaries is here.

ICWA Regs to be Public at 2PM Eastern

June 8, 2016June 8, 2016Matthew L.M. Fletcher

Army Corps of Engineers Rejects Gateway Pacific Terminal

May 18, 2016Sarah M Donnelly

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.

FHWA Request for Comments and Nominations for Negotiated Rulemaking Committee

April 25, 2016Sarah M Donnelly

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.