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Category Archives: trust relationship
Interior Starts Process to Undo Eagle Act Regulations to Allow Non-Indians to Access Eagle Feathers
Here is the notice: 2019-04-30 FR An excerpt: We, the U.S. Fish and Wildlife Service (Service), have received a petition for rulemaking, which asks the Service to revise the existing rules pertaining to the religious use of federally protected bird feathers. The petition is being published … Continue reading
New GAO Report Recommending Improved Tribal Consultation on Federal Pipeline Projects
Here is the report. Update:
Fletcher Book Review — ” Protectors: The Indian Trust and Killers of the Flower Moon”
My review of David Grann’s Killers of the Flower Moon has been published in the Michigan Law Review. You can download the paper here or here. An excerpt: Killers of the Flower Moon will be an eye-opener for those who are … Continue reading
Cedar Band Paiutes Sue HUD over New Mortgage Guidance that Destroyed Its Business
Here are the materials in Cedar Band of Paiutes v. Department of Housing and Urban Development (D. Utah): 2 Complaint 6 Motion for PI 6-2 Mortgagee Letter 6-3 Whipple Dec
“Waters of the United States” Comments by Michigan Tribal Interests
CORA, GTB, and Bay Mills comments on EPA’s proposal to change the definition of “Waters of the United States.” Bay Mills-WOTUS Comments Regarding EPA-HQ-OW-2018-0149 CORA Comments WOTUS 2019 GTB 4-12-19 letter +map
Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Michigan Indian, Regulations, Research, treaty rights, trust relationship
Tagged Bay Mills Indian Community, Chippewa Ottawa Resource Authority, Environmental Protection Agency, EPA, Grand Traverse Band of Ottawa and Chippewa Indians, waters of the United States
Fletcher Testimony on the RESPECT Act before the House Indigenous Peoples Subcommittee
Worth a look, most especially for Dylan Minor’s excellent artistic rendering of the treaty cessions by Michigan Indian nations (skip ahead to page 15); available on SSRN here. It was cherry blossom time, too! And on the way over, we … Continue reading
Narragansett NHPA Consultation Suit
Here is the complaint Narragansett Indian Tribe v. Federal Highway Administration (D.R.I.): 1-complaint-2.pdf An excerpt: The Tribe brings this action to challenge the termination of a programmatic agreement(“PA”) entered into pursuant to the regulations of the National Historic Preservation Act … Continue reading
Tribal Amicus Brief in Texas v. United States [ACA Appeal in Fifth Circuit]
Here: texas-tribal-amicus-final-4-1-19-as-filed-1.pdf 4-1-2019-letter-to-doj-re-texas-v-us-and-ihcia-impacts-final.pdf
Cross-Motions for Summary Judgment Denied in Seminole/IHS Dispute
Here are the materials in Seminole Tribe of Florida v. Azar (D.D.C.): 9 Seminole MSJ 14 US Response + Cross Motion 15 Seminole Reply 17 US Reply 20 DCT Order Complaint here.
SCOTUS Decides Sturgeon v. Frost II
Here is the opinion. Materials here. Update — footnote 2 of the majority: As noted earlier, the Ninth Circuit has held in three cases—the so called Katie John trilogy—that the term “public lands,” when used in ANILCA’s subsistence-fishing provisions, encompasses navigable waters … Continue reading
