Bureau of Indian Affairs – Page 8

Final Rule: Patchak Patch

November 18, 2013Matthew L.M. Fletcher

Here:

Excerpt:

“This rule provides greater certainty to tribes in their ability to develop lands acquired in trust for purposes such as housing, schools and economic development,” said Assistant Secretary Washburn. “For such acquisitions, the rule will create a ‘speak now or forever hold your peace moment’ in the land-into-trust process. If parties do not appeal the decision within the administrative appeal period, tribes will have the certainty and peace of mind to begin development without fear that the decision will be later overturned.”

Quantum Entertainment Ltd. v. Dept. of Interior Cert Petition — “Old” Section 81 Appeal

October 14, 2013Matthew L.M. Fletcher1 Comment

Here:

Quantum Entertainment Cert Petition

Question presented:

Whether the court of appeals erred in holding that Landgraf v. USI Film Products, 511 U.S. 244 (1994), implicitly overruled McNair v. Knott, 302 U.S. 369 (1937), and Ewell v. Daggs, 108 U.S. 143 (1883), by requiring the conclusion that a statute eliminating legal impediments to the enforcement of contracts has an impermissible “retroactive effect” when applied to a contract that was entered into before the statute’s enactment but performed without complaint until afterwards.

Lower court materials here.

Blackfeet Housing Sues BIA over Failure to Maintain Storm Drains and Flood Damage

September 26, 2013Matthew L.M. Fletcher

Here is the complaint in Blackfeet Housing v. United States (D. Mont.):

1 – Complaint

An excerpt:

9. During the winter of 2011, the Blackfeet Indian Reservation had significant snowfall. The streets in Browning were covered with snow, and huge snow banks were created from plowing. In June of 2011, Browning also had significant rainfall. Given the unusual amount of precipitation, Blackfeet Housing had many rental units with a significant amount of water in the basements. In order to address the magnitude of this problem, Blackfeet Housing sent an engineer to look at the homes and determine the reason for the flooded crawl spaces. He discovered that the storm drains were clogged, the water had nowhere to go, and as a result, the water was backing up into the homes. The water in some of the homes filled the entire crawl space. The result was significant damage to the structure of the unit.

10. Each year after the snow melt and spring storm, the neighborhood flooding will continue to increase in frequency, duration, and intensity until storm drain systems are cleaned and repaired.

11. The storm drain and catch basic cleaning and repair is now well beyond the scope of routine maintenance.

12. Repair of residence flood damages is well beyond the scope of routine Blackfeet Housing house maintenance.

Spirit Lake Employee Group’s Contract Claims against Feds Dismissed

August 29, 2013Matthew L.M. Fletcher2 Comments

Here are the materials in Council for Tribal Employment Rights v. United States (Fed. Cl.):

1-Council for Tribal Employment Rights Complaint

25-US Motion to Dismiss

46-Council Response

48-Council Motion for Partial Summary J

49-US Reply

53-US Opposition

DCT Order Dismissing Complaint

An excerpt:

Council for Tribal Employment Rights (“Council”), a national intertribal nonprofit organization which represents the employment interests of certain Indian tribes, seeks $500,000 in damages for the alleged breach of two agreements which involved the Council, the Office of Indian Energy and Economic Development (“the Office”), a component of the Bureau of Indian Affairs (“the Bureau”), U.S. Department of the Interior, and the Spirit Lake Tribe (“Spirit Lake” or “the Tribe”), a federally recognized Indian tribe. Both agreements were executed as amendments to an existing contract between the Office and Spirit Lake. The first, Amendment 2, involved the provision of funds to support a Native Construction Careers Initiative (“NCCI”) commercial construction training program, and called upon the Council to conduct the training program. The second, Amendment 6, allocated funds to support training projects approved by the Federal Highway Administration (“FHWA”). The statement of work for that Amendment referenced an FHWA training program agreement which contemplated that the Council would provide training to develop certain certification programs for road construction activities.

Tenth Circuit Rejects Tribal Membership Claim by Alleged Choctaw Freedman Descendant

August 2, 2013Matthew L.M. Fletcher1 Comment

Here is the opinion in Greene v. Impson.

An excerpt:

The question in this appeal is whether officials from the Bureau of Indian Affairs (BIA) violated Charles Greene’s constitutional rights by failing to provide him an application form to allow descendants of Choctaw Indian Freedman to apply for federal recognition as an Indian.

Briefs:

Greene Appellant Brief

Federal Appellee Brief

Greene Reply Brief

The Patchak Patch

May 24, 2013May 24, 2013Matthew L.M. Fletcher

See Press Release here.

Excerpt:

Today, Assistant Secretary-Indian Affairs Kevin K. Washburn issued for public comment a proposed rule designed to demonstrate the Administration’s commitment to restoring tribal homelands and furthering economic development on Indian reservations. The proposed rule will provide for greater notice of land-into-trust decisions and clarify the mechanisms for judicial review depending on whether the land is taken into trust by the Assistant Secretary for Indian Affairs, or by an official of the Bureau of Indian Affairs.During the public comment window, Indian Affairs will also conduct tribal consultation.

For the Bureau of Indian Affairs trust acquisition decisions, which are generally for non-gaming purposes and constitute the vast majority of land-into-trust decisions, the proposed rule will ensure that parties have adequate notice of the action and clarifies the requirement that exhaustion of administrative remedies within the Department is necessary to seek judicial review.

“The principal purpose of this proposed rule is to provide greater certainty to tribes in their ability to develop lands acquired in trust for purposes such as housing, schools and economic development,” said Assistant Secretary Washburn. “For such acquisitions, the proposed rule will create a ‘speak now or forever hold your peace moment’ in the land-into-trust process. If parties do not appeal the decision within the administrative appeal period, tribes will have the peace of mind to begin development without fear that the decision will be later overturned.”

Pre-publication version.

Update from Interior:

Since the Obama Administration took office in January of 2009, the Department has approved more than 1175 applications for land into trust, including 12 for Indian Gaming, and the total acquisitions include more than 205,000 acres.

D.C. Circuit Decides “Old Section 81” Case

April 30, 2013Matthew L.M. Fletcher2 Comments

Here is the opinion in Quantum Entertainment Limited v. Department of the Interior:

Quantum Entertainment v Dept of Interior

Briefs are here.

Lower court materials are here.

Paul Ryan on the Impacts of a Federal Government Shutdown on Indian Affairs

January 23, 2013Matthew L.M. Fletcher4 Comments

Here:

How would a potential shutdown affect Indian Affairs? How would affect services on Reservations?
According to staff at the House Committee on Natural Resources, the Bureau of Indian Affairs (BIA) manages or supervises many of the day-to-day affairs of Indian Reservations, particularly the large land-based tribes west of the Mississippi. They are under the assumption that if money were cut off to the BIA they expect “critical” services relating to law enforcement (i.e., BIA police), Indian Health Services relating to life and limb, resource protection will continue. But other operations, such as reviewing and approving a lease of Indian or tribal land to building a house, to sending a check to an Indian, to providing day care, running some dams and irrigation projects, drilling oil and gas, running Indian school operations would shut down. Non-essential personnel, such as a receptionist in a health clinic, might be furloughed. They are under the impression that essential personnel (i.e. doctors, etc) must work. Also, under a certain law, many tribes throughout the U.S. effectively bypass the BIA and receive appropriated money directly – they then provide services through tribal structures rather than through the BIA bureaucracy. Unless the tribes have amassed some reserves, their funding would cease. While well over a hundred tribes operate casinos, not all provide large profits. Most of them receive federal dollars.