Congressional Research Service Lists Recess Appointments Possibly Affected by D.C. Circuit Ruling

Here is the CRS report., via the NYTs. Here is Canning v. NLRB.

Indian law related (loosely speaking) appointments include:

Tadd Johnson
Chairperson, National Indian Gaming Commission

Montie R. Deer
Chair, National Indian Gaming Commission

Donald L. Fixico
Member, National Council on the Humanities

Sue Ellen Wooldridge
Solicitor, Department of the Interior

Peter Schaumber
Member, National Labor Relations Board

Harold Monteau Critique of Congressional Research Service Report on VAWA Reauthorization


The CRS report at issue is here.

The law professor letter (spearheaded by Sarah Deer) is here.

Congressional Research Service Looking for Atty to Focus on Federal Indian Law!!!!

Legislative Attorney (Federal Indian Law) (Vacancy #: 100217)
GS-0905-13 — Congressional Research Service — $89,033.00 – $115,742.00
Opening Date: Oct 6, 2010
Closing Date: Nov 3, 2010

The Congressional Research Service (CRS) American Law Division is seeking a Legislative Attorney to provide analysis of legal questions that emerge from the work of Congress related to American public law, including federal Indian law (such as land-into-trust, water rights, Indian gaming, taxation, Indian child welfare, Indian health issues, etc.).

This is a non-litigating position that emphasizes qualifications and interest in legal research and writing in a public service legislative context. Candidates with research experience in American public law and federal Indian law who demonstrate strong research, writing and oral communication skills and possess a portfolio of high quality legal analytical writing are encouraged to apply.

The Legislative Attorney prepares objective, non-partisan legal analysis and descriptive and background memoranda and reports on legal issues of national significance; provides personal consultation and assistance to congressional committees, Members, and staff on legal issues throughout the legislative process; and participates on or leads team research projects and seminars. The Legislative Attorney is expected to develop over time the skills necessary to provide legal analysis and consultation to congressional committees, Members, and staff at increasingly sophisticated levels.

Application Information


Gaming on Newly Acquired Lands Rule Apparently Not Submitted to GAO

A recent Congressional Research Service (CRS) report detailed the number of agency rules which were not passed on to the Government Accounting Office (GAO).  Hat tip, Constitutional Law Prof Blog.  The report concludes that over 1,000 rules over the past 10 years had not been submitted to the GAO.  The reason for this requirement, according to the CRS report is as follows:

Agency regulations generally start with an act of Congress, and are the means by which statutes are implemented and specific requirements are established. Therefore, Congress has a vested interest in overseeing the regulations that agencies issue pursuant to those statutes. Because congressional authority over agency rulemaking was believed to have waned in recent decades (while presidential authority over rulemaking had increased), the CRA was enacted in an attempt to reclaim a measure of congressional control.107 Although Congress can learn about the issuance of agency rules in many ways, the requirement in Section 801(a)(1)(A) of the CRA that agencies submit all of their final rules to GAO and Congress before they can take effect helps to ensure that Congress will have an opportunity to review, and possibly disapprove of, agency rules.

Curious, we decided to try to find out if the recent advisory letter turned rule regarding gaming on newly acquired trust lands (with the 25 mile radius or near a “significant number of tribal members” requirement) was one that hasn’t been submitted to the GAO pursuant to the Congressional Review Act.   It appears it is.  25 CFR 292, “Gaming on Trust Lands Acquired After October 17, 1988” does not come up in a search of the GAO’s database Federal Rules Database.

CRS Reports — Additional Available Reports

We previously offered links to Congressional Research Service reports related to Indian law here.

Since then, we’ve located a few more:

Federal Taxation of Tribes and Indians (2007)

American Indian Education Programs (2007)

Religious Freedom Restoration Act (2006)

Small Business Administration Programs (2007)

Congressional Research Service Reports

If anyone out there wants to find out what “secret” reports Members of Congress and their staffers read when confronted with an Indian law question, check out some of these CRS reports, now starting to appear online.

Indian Reserved Water Rights: An Overview (2005)

United States v. Lara (2003)

IGRA: Gaming on Newly Acquired Lands (2006)

Wagnon v. Prairie Band Potawatomi Nation (2005)

Cobell (2005)

Contract Support Costs: Cherokee Nation v. Leavitt (2005)

NAGPRA (2005)

Adam Walsh Act (2007)

Native Hawaiian Recognition (2005)

There are more reports at