From The Daily Beast:
“For most Americans, the third week of December is about wrapping up Christmas shopping and prepping for a whirlwind of family gatherings. But for the leaders of the Navajo Nation, it’s about something much heavier: suicide prevention.”
Article is HERE.
Here are the briefs in State of Alaska v. Akiachak Native Community:
2015-08-24 AK appeal brief vs Akiachak
Here are the materials in Estate of Redd v. Love (D. Utah):
An excerpt:
This case arises out of Dr. James D. Redd’s tragic suicide the day after federal agents arrested him and his wife for trafficking in stolen Native American artifacts, theft of government property, and theft of tribal property. Dr. Redd’s Estate brought this Bivens action against Bureau of Land Management Agent Daniel Love. The Estate claims Agent Love violated Dr. Redd’s Fourth Amendment right to be free from the use of excessive force when Agent Love sent over fifty-three federal agents, many of whom were heavily armed and wearing bulletproof vests, to raid and search Dr. Redd’s home.
Agent Love moves for summary judgment, arguing qualified immunity shields him from the Estate’s claim. After careful consideration, the court grants Agent Love’s motion.
The estate previously survived a federal summary judgment motion, and those materials are here.
On November 17th the Department of the Interior published a final rule on Rights-of-Way on Indian Lands. The new regulations go into effect on December 21, 2015 and will have a substantial impact throughout Indian Country, particularly in eliminating state taxation, creating opportunity for new revenue streams for tribes, and increasing compensation for “piggybacked” uses. Virtually every reservation has multiple rights-of-way for varied purposes. These regulations contain a great deal of opportunity for tribes, but will require action and attention.
To prepare for the implementation of this final rule, NCAI is hosting a webinar to review the Rights-of-Way regulations, and will include discussion with BIA Realty on how to get started reviewing your rights of way. We will also have a discussion on negotiating. Please join us on December 11, 2015 at 2:00 pm EST. Register here.
David Mullon, former Chief Counsel of Senate Committee on Indian Affairs will offer an overview of the regulations.
Sharlene Roundface, Chief, BIA Division of Real Estate Services will share information on how to find documentation of existing Rights of Way
Stephen LeCuyer, Tribal Attorney for Swinomish Tribe, will related the Swinomish Experience with implementing tax provisions in the similar BIA Leasing regualations.
David Harrison, past Director, BIA Office of Trust Services, will discuss experiences in negotiating rights-of-way.
DOI Rights-of-Way Regulations – Final Rule
Highlights of this final rule include:
NCAI Contact Information: Colby Duren, Staff Attorney & Legislative Counsel, cduren@ncai.org, or Christina Snider, Staff Attorney, csnider@ncai.org
Briefs and orders on the motion for summary judgment in re Commonwealth of Massachusetts v. The Wampanoag Tribe of Gay Head:
Plaintiffs’ Motion
Doc. 113 – Commonwealth’s memo in support of its motion
Doc. 117 – Town of Aquinnah’s memo in support of its motion
Doc. 121 – AGHCA’s memo in support of its motion
Doc. 133 – Wampanoag Tribe’s opposition brief
Doc. 144 – Town of Aquinnah’s reply brief
Doc. 145 – AGHCA’s reply brief
Doc. 147 – Commonwealth’s reply brief
Defendant’s Motion
Doc. 119 – Wampanoag Tribe’s memo in support of its motion
Doc. 131 – Plaintiffs’ opposition brief
Doc. 150 – Wampanoag Tribe’s reply brief
Doc. 151 – Memorandum and Order
Mass. District Court has granted summary judgment to the Commonwealth against the Wampanoag Tribe (Aquinnah) for its proposed class II gaming facility on settlement lands. The Court ruled that the Indian Gaming Regulatory Act of 1988 did not repeal the Massachusetts Settlement Act of 1987 which prohibited gaming on settlement lands.
The summary:
This final rule provides procedures for the disposition of unclaimed human remains, funerary objects, sacred objects, or objects of cultural patrimony excavated or discovered on, and removed from, Federal lands after November 16, 1990. It implements section 3(b) of the Native American Graves Protection and Repatriation Act.
Link to Memorandum here.
The Obama Administration advised the Departments of the Interior, Agriculture, Defense, EPA, and NOAA to avoid harming the environment by ensuring, at minimum, a “no net loss goal” for natural resources deemed important, scarce, or sensitive. The Departments will forgo development of resources deemed “irreplaceable.”
The new policy requires federal regulators to evaluate every proposed natural resource project from a large-scale context, including water-shed and landscape impacts. Going forward, the government’s policy will be to protect the environment by foreseeing and mitigating any damage ahead of time. The Departments have been given a time table for finalizing mitigation mechanisms and guidance.
This is the latest episode in a controversy over energy developments in Indian Country. Republicans in Congress are attempting to enact a law that would speed up energy development on Tribal lands after a GAO report criticized the 2005 federal process for transferring management of energy development to Tribes that has not resulted in any agreements (TERAs).
In support of S. 246, The Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act, Senator Heidi Heitkamp is highlighting Native youth from North Dakota on her Instagram account starting yesterday. It will continue over the next few days. There are a lot of challenges that Native kids face, but these profiles are meant to highlight kids who have overcome them using the hashtag #AgainstTheOdds.
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