From the Atlantic: “Trump’s Most Egregious ‘Pocahontas’ Joke Yet.”
An Early Look at the First Year of the Trump Administration
The forty-fifth president of the United States hung a portrait of Andrew Jackson in the Oval Office, placed prominently behind the president’s desk. The President has named Jackson as a model executive he hopes to emulate.
The 45th President has been absolutely clear about several policy goals that, if fully implemented, will lead Indian tribes to a Jacksonian-style existential crisis for tribal interests. The President’s first relevant policy goal is to support the oil and gas, coal, and mineral extraction industries completely, and to remove any and all laws and regulations restricting those industries in any way. The President’s second relevant policy goal, certainly related to the first, is to shrink national government by drastically cutting federal budgets and federal duties, which most definitely means limiting or perhaps eliminating the federal-tribal trust relationship. The President’s third relevant policy goal is to eliminate and drastically reduce programs and policies supporting minority and low-income Americans.
The 45th President’s actions and methods in the first year of his presidency also have the potential to create existential threats to Indian tribes. While most high profile initiatives of the Administration have been failures, lower profile efforts have been more successful.
The following working list is inspired by Amy Suskind’s “Experts in authoritarianism advise to keep a list of things subtly changing around you, so you’ll remember.”
Substantive Policy and Legal Moves and Statements
Fee to Trust
- Department of the Interior announces proposal to change fee to trust acquisitions regulations.
- Secretary of the Interior Ryan Zinke announces policy restricting off-reservation fee to trust acquisitions. High Country News profile.
“Off-Ramping” the Trust Responsibility
- Secretary of the Interior Ryan Zinke recommends Indian tribes to consider abandoning the federal-tribal trust relationship, to think about an “off-ramp” and possibly privatize their reservation and trust lands.
- Secretary of the Interior Ryan Zinke suggests tribes corporatize and “leav[e] Indian trust lands”
- The American Indian Empowerment Act bill would authorize Indian tribes to convert federal trust lands to tribal restricted fee lands.
- The hearing memorandum notes that “the federal ‘trust responsibility’ has ill-served Native people. . . .”
- The Department of the Interior representative testified, “If a tribe is going to take on complete decision-making control of land and resources, we believe liability on behalf of the federal government should be nonexistent.”
- 45th President’s transition team openly discusses termination of Indian tribes through the privatization of Indian lands. Markwayne Mullin. Financial trade blog.
Muscogee Reservation Boundaries Litigation
CBC Article on Indigenous Children in Foster Care
Coverage of some of the tremendous problems with Canada’s foster care system.
According to a report from B.C.’s representative for children and youth, although Indigenous children are less than 10 per cent of the population, they account for 62 per cent of children in government care.
New Issue of American Indian Law Review
Here:
Articles
The Fairness of Tribal Court Juries and Non-Indian Defendants – Julia M. Bedell PDF
Access to Energy in Indian Country: The Difficulties of Self-Determination in Renewable Energy Development – Nicholas M. Ravotti PDF
Federal Indian Law in the New Administration
States and Their American Indian Citizens – Matthew L.M. Fletcher PDF
The Tribal Labor Sovereignty Act: Do Indian Tribes Finally Hold a Trump Card? – Vicki J. Limas PDF
Continuing to Work for Indian Country in the 115th Congress – T. Michael Andrews PDF
Comments
Mega Sporting Events Procedures and Human Rights: Developing an Inclusive Framework – Abby Meaders Henderson PDF
Improving Microfinance Through International Agreements and Tailoring the System to Assist Indigenous Populations – Jacob Krysiak PDF
Indigenous People, Human Rights, and Consultation: The Dakota Access Pipeline – Walter H. Mengden IV PDF
Note
Yellowbear v. Lampert— Putting Teeth into the Religious Land Use and Institutionalized Person Act of 2000 – Nathan Lobaugh PDF
Special Feature
Winner, Best Appellate Brief in the 2017 Native American Law Student Association Moot Court Competition – Devon Suarez & Simon Goldenberg PDF
SCOTUS Denies Cert in Agua Caliente Water Rights Case
Public Service Co. of New Mexico v. Barboan Cert Petition
Here:
Questions presented:
1. Does 25 U.S.C. § 357 authorize a condemnation action against a parcel of allotted land in which an Indian tribe has a fractional beneficial interest, especially where (a) the the tribe holds less than a majority interest, (b) the purpose of condemnation is to maintain a long-standing right-of-way for a public utility, and (c) the statute was not “passed for the benefit of dependent Indian tribes.” Alaska Pacific Fisheries v. United States, 248 U.S. 78, 89 (1918)?
2. If 25 U.S.C. § 357 authorizes such a condemnation action, may the action move forward if the Indian tribe invokes sovereign immunity and cannot be joined as a party to the action?
Lower court materials here.
Kevin Gover: “Five Myths about American Indians”
In WaPo, here.
Linda Greenhouse: “A Conservative Plan to Weaponize the Federal Courts”
Here.
‘Thanksgiving:A Historical FAQ”
Here.
Register Now, American Indian Justice Conference
FREE TRAINING OPPORTUNITY
Register Now for the American Indian Justice Conference and Present Your Work at the All Nations Cafe
December 7-8, 2017
Renaissance Palm Springs
Agua Caliente Reservation, CA
All Nations Cafe Session at the AIJC:
Join us for the All-Nations Cafe. This session is designed for you to share your innovations and learn from your fellow participants! This activity is similar to a poster session and we encourage you to create something and become exhibitors. What you can do: develop a poster board or visual display describing the process (including the change-process); draft talking points and select a team member to present; bring brochures, fact sheets, sample forms or policies that you would like to share; bring business cards or provide contact information so participants will be able to reach you if they have additional questions or seek advice. If you are interested in participating please contact Cheri Ely atcely@ncjfcj.org to sign-up or ask questions. Raffle prizes will be drawn for both exhibitors and participants.
Registration for the Training: Register HERE. No cost for registration, but participants must cover the costs of travel, lodging, and per diem/food.
About: The goal of the Bureau of Justice Assistance sponsored AIJC is to provide training to enhance your tribal community’s response to combat alcohol and drug abuse, recognize how trauma impacts drug and alcohol abuse in tribal communities, and identify current trends and best practices for tribal justice systems to strengthen multi-disciplinary approaches to healing and justice. The five multi-disciplinary tracks include alcohol and substance abuse, tribal justice strategic planning, tribal courts, tribal security and probation, and tribal youth.
CTAS Purpose Area 1, 2, 3, 4, 5, 8, and 9 grantees may use grant funds to attend the AIJC. Please confirm with your Program Manager that you have adequate travel and training funds remaining in your award.
THIS CONFERENCE HAS RECEIVED FINAL APPROVAL BY THE DEPARTMENT OF JUSTICE.
Additional information available here: FREE TRAINING OPPORTUNITY
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