Turtle Talk

Published California Court of Appeals ICWA Notice Case

August 12, 2015Kate Fort

Here. Out of the Second Appellate Division, L.A. County. The State has the ongoing duty to send updated notices when they receive additional information.

The issue presented in this case is whether there is a duty under the ICWA to send updated notices to the relevant tribes when additional information regarding the child‟s ancestors (such as previously omitted birthdates, aliases, and/or alternate spellings) is obtained after the original ICWA notices were sent. We conclude there is such a duty. Because the Los Angeles County Department of Children and Family Services (the Department) in this case failed to send updated notices after it obtained additional information, we reverse the order terminating the parental rights of appellant W. H. (mother) with regard to her daughter, I.B.,2 for the limited purpose of compliance with the ICWA.

JOB OPENING: Navajo Nation seeks Government and Legislative Affairs Associate for Washington, D.C. Office

August 12, 2015August 12, 2015bryannewland

The Navajo Nation Washington Office seeks a motivated and experienced government and legislative affairs associate to join our team. As an integral part of the Navajo Nation’s advocacy team in the Nation’s capital, you will conduct, review and provide analysis and research on proposed and pending legislation and policy initiatives. You will draft budgetary and appropriations requests, legislative bills, policy proposals and position papers; prepare and provide detailed reports on the activities of Congress to the Nation; advocate and communicate extensively with Congress and federal agencies to provide briefings and background on the issues and positions of the Nation; analyze existing federal regulations to protect the interests of the Nation; analyze legislative, policy and budgetary initiatives developed by the federal government; provide reports to the Nation outlining the political and policy ramifications of these initiatives and provides strategic recommendations on how the Nation should address these initiatives.

Link to job posting here.

NPS Reopens Comment Period for Proposed Rule

August 12, 2015Sarah M Donnelly1 Comment

The National Park Service has a proposed rule that would allow members of federally-recognized tribes traditionally associated with specific national parks to gather and remove plant materials from those national parks so long as the tribe and the federal government create an agreement that regulates the practice.

Originally the deadline for comments was July 20, 2015, but today the NPS extended that deadline to midnight September 28, 2015.

Comments for “NPS RIN 1024-AD84” can be submitted online or to the following mailing address:

Joe Watkins, Office of Tribal Relations and American Cultures
National Park Service
1201 I St NW
Washington DC 20005

Crowe & Dunlevy Seek Experienced Indian Law & Gaming Attorney

August 12, 2015Leah Jurss

Crowe & Dunlevy, one of Oklahoma’s oldest and largest law firms with offices in Oklahoma City and Tulsa, seeks an attorney with 7-9 years of experience to serve in our expanding Indian Law & Gaming practice group. The firm’s Indian Law & Gaming practice group serves numerous tribal governments and their entities and organizations, as well as international gaming companies.

Full application and more information available here.

Possible Hate Crime Motive in Fatal Wyoming Shooting

August 12, 2015Leah Jurss

In late July, two Northern Arapaho men were shot while inside an alcohol and drug detox facility in Riverton, Wyoming. The FBI has started an investigation into a possible hate crime motive for the fatal shooting. Wyoming is one of only five states not to have a hate crime charge.

Full story here.

HEARTH Act Regulations, Federal Preemption of State & Local Taxes, and the Seminole Case

August 12, 2015bryannewland1 Comment

This week, the Department of the Interior published notice in the Federal Register that it has approved HEARTH Act Regulations for the Seminole Tribe of Florida. The Federal Register Notice is here.

In the notice, the Assistant Secretary explained that tribal leasing regulations adopted under the HEARTH Act will preempt state and local taxation in the same manner as under the BIA’s own leasing regulations:

The strong Federal and tribal interests against State and local taxation of improvements, leaseholds, and activities on land leased under the Department’s leasing regulations apply equally to improvements, leaseholds, and activities on land leased pursuant to tribal leasing regulations approved under the HEARTH Act. Congress’s overarching intent was to ‘‘allow tribes to exercise greater control over their own land, support self-determination, and eliminate bureaucratic delays that stand in the way of homeownership and economic development in tribal communities.’’ 158 Cong. Rec. H. 2682 (May 15, 2012). The HEARTH Act was intended to afford tribes ‘‘flexibility to adapt lease terms to suit [their] business and cultural needs’’ and to ‘‘enable [tribes] to approve leases quickly and efficiently.’’ Id. at 5–6.

The Department of the Interior published similar statements earlier this summer.

The Seminole Tribe of Florida is presently litigating whether the BIA’s leasing regulations preempt the State of Florida’s taxes on activities occurring on its trust lands. That case is pending before the Eleventh Circuit Court of Appeals. Materials are here.

The Seminole Tribe’s leasing regulations under the HEARTH Act don’t appear to impact that pending case.

DOI’s interpretation of the HEARTH Act is consistent with the recent shift in federal policy supporting preemption of state and local taxes in Indian country. See, the Federal Government’s intervention supporting the Tulalip Tribes in their tax dispute with the State of Washington.

It will be interesting to see how DOI’s interpretation of the HEARTH Act will play out in the future, if when state and local governments try to levy taxes on lands subject to tribal leasing regulations under the HEARTH Act. Stay tuned.

Media Coverage of Michigan’s Underfunded Native Tuition Program

August 12, 2015August 12, 2015Sarah M Donnelly2 Comments

This Detroit News article has a premise that supports the need for Michigan to appropriate more money to the tuition waiver and does an adequate job of summarizing the history of the program, except for this small paragraph about the purpose of the Mt. Pleasant boarding school:

The native boarding schools were part of a national movement aimed at educating native children so they could get training in a skill to sustain a livelihood. In shutting down the exchange, the state agreed to fund higher education for Native Americans.

This is a sugar-coated annotation for what was really a disturbing and disgraceful time in American history.