Ninth Circuit Materials in Slockish v. FHA

Here:

Opening Brief

Indian Law Scholars Amicus Brief

Religious Groups Amicus Briefs

Religious Liberty Scholars Amicus Brief

Federal Answer Brief

Reply

Lower court materials here.

 

Kevin Washburn on Tribal Co-Management of Federal Public Lands

Kevin Washburn has posted “Simple Tribal Co-Management: Using Existing Authority to Engage Tribal Nations in Co-Management of Federal Public Lands” on SSRN.

Abstract:

Each year Native American tribal nations enter hundreds of federal contracts worth billions of dollars to run federal Indian programs. By substituting tribal governments for federal agencies, these “self-determination contracts” have been enormously successful in improving the effective delivery of federal programs in Indian country. However, tribal governments wish to do more. Tribes wish to co-manage federal public lands, including lands that lie outside their reservations, and they have a lot to offer in this area. For example, a tribe might seek to contract with the Fish & Wildlife Service to operate a wildlife refuge, or with the National Park Service to manage a park or monument or even with the Bureau of Reclamation to operate a federal dam. Tribes are natural partners for much of this work. Many federal units are located on lands that are, or were, tribal aboriginal lands. Although the federal government has had the legal authority to enter such contracts since 1994, federal agencies have been slow to enlist tribes in the management of federal public lands. A review of the few existing successful cases suggests that tribes confront dramatically different dynamics when seeking to contract functions with agencies beyond the Bureau of Indian Affairs or Indian Health Service and other agencies providing services to Indian people. At a time when indigenous-led conservation is crucial to addressing climate change and our national conservation goals, this article examines the obstacles to tribal co-management of public lands and proposes solutions.

Always good to see new scholarship from Dean Washburn.

Federal Court Rejects Water District’s Affirmative Defenses against US/Walker River Paiute Tribe Water Rights Claims

Here are the materials in United States v. Walker River Irrigation District (D. Nev.):

2638 Federal-Tribal Joint Motion for Summary J

2649 Principal Defendants’ Response

2659 Reply

2677 DCT Order

Eighth Circuit Affirms Federal Duty to Provide “competent physician-led healthcare” to Rosebud Sioux Tribe Members

Here is the opinion in Rosebud Sioux Tribe v. United States.

Briefs:

US Opening Brief

Tribe Answer Brief

Reply

Lower court materials here.

D.C. Circuit Partially Reverses Fort McDermitt Tribe Win

Here is the opinion in Fort McDermitt Paiute & Shoshone Tribe v. Becerra.

Briefs here.

Lower court materials here.

Ninth Circuit Briefs in Stephen C. v. Bureau of Indian Education [Havasupai]

Here:

Opening Brief

Tribal Orgs Amicus Brief

Admin Law Profs Amicus Brief

Advocacy Orgs Amicus Brief

Havasupai Tribe Amicus Brief

Indian Law Profs Amicus Brief

Lower court materials here.

New Report on Tribal Co-Management of Federal Public Lands

Highly recommended.

Monte Mills and Martin Nie have published “Bridges to a New Era: A Report on the Past, Present, and Potential Future of Tribal Co-Managment on Federal Public Lands” in the Public Land & Resources Law Review.

DOI: “Secretary Haaland Announces Federal Indian Boarding School Initiative”

Here.

Related Secretarial Memo here:

Secretarial Memo

Campo Band Allowed to Intervene in Suit Challenging Wind Energy Project

Here are materials so far in Backcountry Against Dumps v. Bureau of Indian Affairs (S.D. Cal.):

42 Amended Complaint

46-1 Terra-Gen Motion to Dismiss

49-1 Campo Band Motion to Intervene

55 Opposition to Motion to Intervene

56 Campo Reply in Support of Motion to Intervene

60-1 BIA Motion to Dismiss

61 Backcountry Response to BIA Motion to Dismiss

62 BIA Reply in Support of Motion to Dismiss

63 Terra-Gen Reply

65-1 Backcountry Motion for PI

74 DCT Order Granting Motion to Intervene

SCOTUS Denies Cert in Challenge to Indian Health Service Contract with Cheyenne River Sioux Tribe

Here is today’s order list.

Here is the case page for Gilbert v. Weahkee.