Department of Interior

Interior Board of Indian Appeals Decides Newtok Village Leadership Dispute

Sarah M Donnelly

IBIA order affirming the decision of the Acting Alaska Regional Director here.  The Board held that the Acting Alaska Regional Director’s decision was not arbitrary or capricious.

Newtok Village Council suit in federal court to prevent further interference from Newtok Traditional Council previously reported here.  No new updates on that case.

The Newtok Village in Alaska needs to be relocated nine miles inland to avoid erosion, but a leadership controversy was preventing the release of $6.5 million from the federal government.  The Tribe elected a new council in October 2012 and reaffirmed the election in a membership meeting June 2013, but the old council was still requesting funds and contracts with the BIA.  The old council appealed the Regional Director’s decision to the DOI in August 2013.  The new IBIA order will now allow the Tribe to move forward with the planning stages of the relocation, but many financial issues that arose under the old council’s mismanagement still need to be settled and at least one old council member has said that he will appeal: “It’s not even close to over yet.  We are going to the highest court, even to the top of the White House.”

Press Release: Interior Announces $1.2 Million to Be Awarded to Tribes to Take Control, Operate Their Bureau of Indian Education-Funded Schools

Victoria Sweet2 Comments

As part of the Obama Administration’s historic commitment to ensure that all students attending Bureau of Indian Education (BIE)-funded schools receive a world- class education, U.S. Secretary of the Interior Sally Jewell and Assistant Secretary – Indian Affairs Kevin K. Washburn today announced that six federally recognized tribes have been awarded $1.2 million in Sovereignty in Indian Education (SIE) enhancement funds to promote tribal control and operation of BIE-funded schools on their reservations. The funds implement a recommendation contained in the Blueprint for Reform of the Bureau of Indian Education issued on June 13, 2014, by the American Indian Education Study Group convened by Secretary Jewell and U.S. Education Secretary Arne Duncan.

“Increasing tribal control over BIE-funded schools not only promotes tribal self-determination, but also provides greater tribal discretion in determining what American Indian children should learn, increasing accountability throughout the school system,” Secretary Jewell said. “With school management authority, these communities will have more power to create lessons with tribal cultural values and Native languages, both of which can ensure their children stay connected to their heritage and help them to succeed in the future. These enhancement funds can make the difference in an effective, relevant and rigorous education for American Indian children.”

The following tribes will receive enhancement funding:

  • Gila River Indian Community, Sacaton, Arizona
  • Standing Rock Sioux Tribe, Fort Yates, North Dakota
  • Turtle Mountain Band of Chippewa, Belcourt, North Dakota
  • Tohono O’Odham Nation, Sells, Arizona
  • Navajo Nation, Window Rock, Arizona
  • Oglala Sioux Tribe, Pine Ridge, South Dakota

 

Full press release here.

Recent Decision Applying BIA Leasing Regulations Signals a Shift in Indian Tax Law

bryannewland5 Comments

By: Del Laverdure and Bryan Newland

Last week’s decision out of the U.S. District Court in Southern Florida in Seminole Tribe of Florida v. Florida could signal a potential shift in Indian tax law.

For many tribal leaders and Indian law practitioners, tax law in Indian country is an intimidating jurisdictional maze – often times allowing state and local taxes to apply in Indian country in spite of tribal territorial sovereignty. The outcome of an Indian tax case depends upon a combination of the type of tax or government fee imposed, the government doing the taxing, the individual or entity being taxed, and the location of the activity, individual, or property being taxed.

Many states have levied taxes on non-Indians and non-Indian businesses working in Indian country; and, in recent years, these efforts have been upheld under the Supreme Court’s decision in White Mountain Apache Tribe v. Bracker. Under that case, a reviewing court must balance the interest of the tribe, the state, and the federal government when deciding whether state taxes in Indian country are preempted by federal law. In many losing cases, tribal litigants have tried to invalidate state taxation without a clear statement of the federal government’s interest.

In the Seminole case, the State of Florida was attempting to impose two different taxes on tribal lands: a “rental tax” on businesses leasing property from the Tribe; and, a “utility tax” on electricity delivered to the Tribe’s lands. The Court held that Florida’s rental tax was preempted by federal laws governing leasing on Indian lands (it also invalidated the utility tax because the legal incidence of the tax fell on the Tribe).

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Randall Akee: “The press for Native Hawaiian federal recognition is presumptuous”

Matthew L.M. Fletcher

From the Hawaii Independent. A response to this news.

An excerpt:

In moving forward, what should be done? The process for Federal recognition was a knee-jerk reaction to the Rice v. Cayetano decision. Surely there are other legal strategies and plans that the Office of Hawaiian Affairs and State officials can undertake to protect the OHA trust assets and Native Hawaiian entitlement programs. In the 14 years since the decision, the trust and programs have survived without a serious attack. It should be noted that political winds change all the time and there is no absolute certainty with Federal recognition either. For instance, during the 1940s, 1950s and 1960s the US Federal government’s policy was to terminate the legal and political existence of some Federally recognized American Indian tribes in California, Oregon and a number of other US States. During the Civil Rights era of the 1960s and 1970s, the US Federal government made a significant change in that policy and worked to empower tribal governments. However, it is impossible to guarantee that future US Federal policies will not shift back in that direction again. 

DOI Considers Procedures to Reestablish Government-to-Government Relationship with Native Hawaiians

Kate Fort1 Comment

Press release here.

Federal Registry Advance Notice of Proposed Rulemaking here.

2000 DOI/DOJ Report on the Reconciliation Process here.
FAQ here.

Federal Inter-Agency Progress Report on Collaborating to Protect Sacred Sites

Matthew L.M. Fletcher

Here is “Progress Report on Implementation of the Memorandum of Understanding
Regarding Interagency Coordination and Collaboration for the Protection of Indian Sacred Sites,” released by the Departments of Defense, Interior, Agriculture, Energy, and the
Advisory Council on Historic Preservation:

SacredSitesWorkingGroup- ProgressReport

American Bird Conservancy Plans to Sue Interior over 30-Year Eagle Kill Rule

Matthew L.M. Fletcher

Here.

An excerpt:

A leading bird conservation organization—American Bird Conservancy (ABC)—has announced its intention to sue the Department of the Interior (DOI), charging DOI with multiple violations of federal law in connection with its December 9, 2013, final regulation that allows wind energy companies and others to obtain 30-year permits to kill eagles without prosecution by the federal government. The previous rule provided for a maximum duration of five years for each permit.

Notice of Intent to Sue (PDF)

Federal Court Rules Against Feds in Lower Elwha Fish Hatchery Challenge

Matthew L.M. Fletcher1 Comment

Here are the materials in Wild Fish Conservancy v. National Park Service (W.D. Wash.):

153 Wild Fish Conservancy Motion for Summary J

164 Federal Cross Motion for Summary J

191 DCT Order

Prior posts are here, here, here, here, and here.

Interior Proposed Findings for Two Federal Acknowledgment Petitioners

Kate Fort1 Comment

In today’s Friday afternoon release from Interior:

WASHINGTON, DC – Assistant Secretary – Indian Affairs Kevin K. Washburn today issued proposed findings for two petitioners under the Federal Acknowledgment Process. The decisions include a proposed finding to acknowledge the petitioner known as the Pamunkey Indian Tribe (Petitioner #323) as a federally recognized Indian Tribe, and a proposed finding to decline acknowledgment for the petitioner known as the Meherrin Indian Tribe of North Carolina (Petitioner #119b).

Release here.

The proposed findings and Fed Register notices are not yet up here, though the release indicates they will be soon.

Meherrin Indian Tribe Interior page is here.

Interior Proposes to Recognized Pamunkey Indian Tribe

Matthew L.M. Fletcher1 Comment

Here is a press release from the tribe:

1 l7 2014 Press Release (FINAL)