Press Release: Obama Administration Exceeds Ambitious Goal to Restore 500,000 Acres of Tribal Homelands

Sarah M Donnelly1 Comment

Date: October 12, 2016 Contact: Interior_Press@ios.doi.gov
(AS-IA) Nedra Darling 202-219-4152

Administration makes good on promise to place at least one half million acres of land into trust for tribal nations, working to make tribal communities whole again

WASHINGTON – U.S. Secretary of the Interior Sally Jewell and Principal Deputy Assistant Secretary – Indian Affairs Lawrence S. “Larry” Roberts today announced that the Obama Administration has exceeded its goal of placing half a million acres of tribal homelands into trust for federally recognized tribes.

“Restoring tribal homelands has been a pillar of President Obama’s commitment to support tribal self-determination and self-governance, empowering tribal leaders to build stronger, more resilient communities,” Secretary Jewell said. “The Administration broke the logjam on trust land applications in 2009 and has worked steadily, collaboratively and effectively to restore Native lands that will help strengthen tribal economies and make their nations whole again.”

The 500,000 acre goal was surpassed Friday when President Obama signed into law the bipartisan Nevada Native Nations Lands Act, which conveys more than 71,000 acres of Bureau of Land Management and U.S. Forest Service lands to the U.S. Department of the Interior to place into federal trust status for six Nevada tribes. The tribes will use their newly acquired lands to expand housing, provide economic development opportunities and promote cultural activities for and by their tribal members.

“Secretary Jewell announced early on a goal of restoring 500,000 acres to Indian Country by the end of the Obama Administration and we view this as a meaningful start to correcting the enormous loss of tribal homelands Indian Country has endured,” Principal Deputy Assistant Secretary Roberts told tribal leaders at the opening session of the National Congress of American Indians’ 73rd Annual Convention in Phoenix, AZ earlier this week.

Roberts further said, “I want to thank the Bureau of Indian Affairs Director Mike Black for his implementation of this important policy, the Regional Directors and their staff for their hard work to make it a reality. While our fee-to-trust process remains rigorous and tribes must expend precious resources to address the Carcieri decision, tribes continue to prioritize the return of their homelands, investing their own resources to ensure a land base for future generations.”

Restoring tribal homelands has been a key part of the Obama Administration’s Indian Country priorities, representing a shift from historic federal policy that previously resulted in tribes losing millions of acres of land across the U.S. over several hundred years. Since 2009, the Bureau of Indian Affairs has processed 2,265 individual trust applications and restored more than 542,000 acres of land into trust. And in partnership with tribes and agency staff at all levels, Indian Affairs continues to process additional applications for land into trust.

As part of President Obama’s pledge to work nation-to-nation with tribal leaders to strengthen their communities and build their economies, the Administration also has overhauled antiquated leasing regulations to provide tribes greater control over their homelands and issued new regulations to allow the Interior Department to accept land into trust for federally recognized Alaska tribes, thereby advancing tribal sovereignty and closing a long-standing gap that had not extended this eligibility to Alaska Natives.
The Secretary of the Interior is authorized by the Indian Reorganization Act of 1934 to acquire land into trust for federally recognized tribes. Lands held in federal Indian trust status, which cannot be sold, alienated, or transferred to non-Indians or non-Natives, benefit their American Indian and Alaska Native tribal owners through federal programs for business development, housing, and environmental and cultural protection. Typical uses of trust land include governmental operations, cultural activities, agricultural/forestry activities, housing, economic development, social and community services, and health care and educational facilities.

Eighth Circuit Rejects Employment Discrimination Claim against Shakopee

Matthew L.M. Fletcher

Here is the unpublished order in Nawls v. Shakopee Mdewakanton Sioux Community Gaming Enterprise – Mystic Lake Casino.

Briefs here:

nawls-brief

shakopee-brief

reply-brief

National Indian Law Library Bulletin (10/10/2016)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 10/10/16.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petition for Certiorari was granted in Lee v. Tam  (Trademarks)
Petition for certiorari was denied in these four cases:
Flute v. U.S. (Fiduciary Duty)
Jones v. Norton (Bad man clause)
Kelsey v. Bailey (Tribal Jurisdiction; Indian Civil Rights Act)
Pro-Football v. Blackhorse, et al. (Trademarks)

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Standing Rock Sioux Tribe v. United States Army Corps of Engineers

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature a story about a law passed by Congress to restore land to several tribes in Nevada.

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
A.D. v. Washburn (Indian Child Welfare Act)
Sisseton-Washington Oyate of the Lake Traverse Reservation v. U.S. Corps of Engineers (Sacred Places; National Historic Preservation Act; Clean Water Act)

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Who’s in and who’s out: Congressional power over individuals under the Indian Commerce Clause.
Indigenous identity, cultural harm, and the politics of cultural production: a commentary on Riley and Carpenter’s “Owning Red.”
Making resources, making management.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
The Environmental Protection Agency has issued proposed rules on federal baseline water quality standards for Indian reservations.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
One bill became law:
H.R.2733: Nevada Native Nations Land Act.
One bill was added:
H.R.3682: Reducing Employer Burdens, Unleashing Innovation, and Labor Development Act of 2015.

Linda Hogan: “Why We Are Singing for Water—In Front of Men With Guns and Surveillance Helicopters”

Matthew L.M. Fletcher1 Comment

From Yes! Magazine, here.

Nooksack Tribal Court TRO Against Northwest Intertribal Court System; Nooksack Forms Tribal Supreme Court

Matthew L.M. Fletcher2 Comments

Here is the order in Nooksack Indian Tribe v. Northwest Intertribal Court System (Nooksack Tribal Court):

order-granting-nit-tro-against-nics

Prior posts in this matter here and here.

Here are pleadings in a matter captioned In re Orders Entered by Nooksack Tribal Court of Appeals after May 30, 2015 (Nooksack Supreme Court):

in-re-orders-entered-by-nooksack-tribal-court-of-appeals-declaration-of-service-petition-for-review-and-motion-for-accelerated-review

in-re-orders-entered-by-nooksack-tribal-court-of-appeals-nooksack-indian-tribes-motion-for-accelerated-review-and-vacation-of-void-orders-of-the-court-of-appeals

in-re-orders-entered-by-nooksack-tribal-court-of-appeals-order-accepting-nooksack-indian-tribes-petiton-for-expedited-review-of-nooksack-tribal-court-orders

in-re-orders-entered-by-nooksack-tribal-court-of-appeals-plaintiff-nooksack-tribes-petition-for-review

 

Federal Judge Orders Satellite Polling Places on Two Nevada Reservations

Sarah M Donnelly

Here are the briefs and order in the matter of Sanchez et al v. Cegavske et al, 16-cv-00523 (D. Nev. Oct. 7, 2016):

Doc. 1 – Verified Complaint for Injunctive and Declaratory Relief

Doc. 10 – Verified First Amended Complaint for Injunctive and Declaratory Relief

Doc. 26 – Emergency Motion for Preliminary Injunctive and Declaratory Relief and Memorandum or Points and Authorities in Support Thereof (Oral Argument Requested)

Doc. 37 – Defendant Secretary of State’s Opposition to Plaintiff’s Emergency Motion for Preliminary Injunction and Declaratory Relief

Doc. 39 – Mineral County Defendants’ Opposition to Plaintiff’s Emergency Motion for Preliminary Injunction

Doc. 43 – Statement of Interest of the United States of America

Doc. 45 – Reply to Defendant Secretary of State’s Opposition to Emergency Motion for Preliminary Injunction and Declaratory Relief

Doc. 46 – Reply to Mineral County Defendants’ Opposition to Plaintiffs’ Emergency Motion for Preliminary Injunction

Doc. 60 – Order on Plaintiffs’ Motion for Preliminary Injunction

Univ. of Washington NALSA Stop DAPL Project

Matthew L.M. Fletcher

Call for Submissions:Dear Turtle Talk Community, 

The University of Washington Native American Law Student Association (NALSA) is asking for photos (digital or print) documenting the myriad of ways & moments during which native people gathered in direct action opposing the DAPL protest. As law students, we hope one day to advance causes for Indian Country in the courtroom, but today we want to celebrate and feature the strength and character shown at the “Stop DAPL” encampment through a photography exhibition. 

On the first floor of our Law building, there exists a common space that rotates art each 3 to 6 months. The NALSA of the University of Washington will select 7 to 10 of the submissions for display (printing them if not already printed) to recognize the ongoing effort to protect Native American sacred space. The print will be in this art space for the next 3 to 6 months with acknowledgement to the photographer.

Once the “Stop DAPL” encampment exhibition is complete, NALSA will return the printed piece to the contributor as a token of our appreciation. Or in the alternative, the contributor could donate it to our student Association for auction at our annual dinner in Feb. 2017.

With heartfelt thanks,

University of Washington Native Law Students.

Contact, Tony Aronica, aronicat@uw.edu

California Indian Law Association 16th Annual Indian Law Conference & Gala

Sarah M Donnelly

CILA is pleased to announce that its 16th Annual Indian Law Conference & Gala will take place at the Viejas Casino and Resort in Alpine, California.  Attorneys attending the Conference may receive 6.00 Regular MCLE credits.

Registration Page

Agenda at a Glance

Thursday, October 13, 2016 (6:00 pm – 8:00 pm)
Gala & Keynote Presentation

  • Devon Lomayesva, Chief Judge, Intertribal Court of Southern California

*Dinner will be provided

Friday, October 14, 2016 (8:30 am – 5:00 pm)
Presentation of the Award for Outstanding Achievement in California Indian Law

  • Carole Goldberg, Jonathan D. Varat Distinguished Professor of Law, UCLA School of Law

Conference Panels

  • AB 52 and its Implementation

Moderator: Adam Bailey, President, CILA
Panelists: Michele Hannah, Deputy General Counsel, Pechanga Band of Luiseño Indians; Courtney Coyle, Attorney at Law

  • Sovereign Immunity Under Siege: Litigating Tribal Entity, Official, and Employee Immunity

Moderator: William Wood, Board Member, CILA
Panelists: Nicole Ducheneaux, Partner, Fredericks Peebles & Morgan LLP; Sam Coffman, Member, Dickinson Wright PLLC; Tuari Bigknife, Attorney General, Viejas Band of Kumeyaay Indians

  • Current Taxation Issues in Indian Country 

Moderator: Adam Crepelle, Board Member, CILA
Panelists: Tom Gede, Of Counsel, Morgan Lewis & Bockius LLP, and Wendy Pearson, Of Counsel, Hobbs, Strauss, Dean, & Walker, LLP

  • Update on California Indian Law Litigation & Legislation 

Moderator: Lindsey Fletcher, Vice President, CILA
Panelists: Seth Davis, Assistant Professor, UC Irvine School of Law; Lauren van Schilfgaarde, Tribal Law Specialist, Tribal Law & Policy Institute

*Continental breakfast and lunch will be provided

AVCP Names First Chief Executive Officer

Sarah M Donnelly

Link: For the first time, a woman leads this big Alaska Native organization. Her grandfather was a founder by Lisa Demer from Alaska Dispatch News

At its annual convention on Saturday, the Association of Village Council Presidents in Alaska announced Vivian Johnson Korthuis as its first Chief Executive Officer after Tribal delegates decided to reorganize AVCP’s leadership structure.  The CEO replaces the President of the non-profit with firing authority vested with an executive board that now has 3-year term limits.  AVCP’s last President resigned in May amid growing concern over financial accountability within the organization.

Excerpt:

AVCP is one of the region’s most significant institutions, with a $52 million budget and some 400 employees – about half in villages — running programs in areas that include Head Start, tribal welfare and public safety.

Into the top job steps Korthuis, 52. She grew up in small rural villages and became an Ivy League graduate. She has worked for AVCP for 14 years, most recently as the organization’s vice president of programs, and before that was a leader at the Yukon-Kuskokwim Health Corp.

D.C. Circuit Court Dissolves Emergency Injunction Pending Appeal on Dakota Access Pipeline

Kate Fort

As has been reported elsewhere, the D.C. Circuit denied Standing Rock’s injunction of building the pipeline pending appeal. Order here. Previous coverage here.

The court wrote:

Although the Tribe has not met the narrow and stringent standard governing this extraordinary form of relief, we recognize Section 106 of the National Historic Preservation Act was intended to mediate precisely the disparate perspectives involved in a case such as this one. Its consultative process—designed to be inclusive and facilitate consensus—ensures competing interests are appropriately considered and adequately addressed. But ours is not the final word. A necessary easement still awaits government approval—a decision Corps’ counsel predicts is likely weeks away; meanwhile, Intervenor DAPL has rights of access to the limited portion of pipeline corridor not yet cleared—where the Tribe alleges additional historic sites are at risk. We can only hope the spirit of Section 106 may yet prevail.

Joint Statement from DOJ, DOI, and Army Corps:

FOR IMMEDIATE RELEASE OPA
MONDAY, OCTOBER 10, 2016 (202) 514-2007
WWW.JUSTICE.GOV TTY (866) 544-5309

JOINT STATEMENT FROM DEPARTMENT OF JUSTICE, DEPARTMENT OF THE ARMY AND DEPARTMENT OF THE INTERIOR REGARDING D.C. CIRCUIT COURT OF APPEALS DECISION IN STANDING ROCK SIOUX TRIBE V. U.S. ARMY CORPS OF ENGINEERS

WASHINGTON – The Department of Justice, the Department of the Army and the Department of the Interior today issued the following statement regarding the D.C. Circuit Court of Appeals’ decision in Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers:

“We appreciate the D.C. Circuit’s opinion.

“We continue to respect the right to peaceful protest and expect people to obey the law.

“The Army continues to review issues raised by the Standing Rock Sioux Tribe and other Tribal nations and their members and hopes to conclude its ongoing review soon. In the interim, the Army will not authorize constructing the Dakota Access Pipeline on Corps land bordering or under Lake Oahe. We repeat our request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe.

“We also look forward to a serious discussion during a series of consultations, starting with a listening session in Phoenix on Tuesday, on whether there should be nationwide reform on the Tribal consultation process for these types of infrastructure projects.”

# # #

16-1184

PLEASE DO NOT REPLY TO THIS MESSAGE. IF YOU HAVE QUESTIONS, PLEASE USE THE CONTACTS IN THE MESSAGE OR CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007.

The dear Tribal Leader letter and the consultation dates are here.