US Administrative Conference Recommends Repeal/Reform of 28 U.S.C. § 1500

Here. PDF of report.

Here are background materials.

Department of Justice opposes, which is unfortunate, given that the Department specifically asked for tribal comments on the proposal to repeal or reform the statute.

Updated Materials on Proposal to Amend/Repeal Section 1500

Here:

NCAI letter on 28 U S C § 1500 to DOJ

Section 1500 Letter w_Attachments 11_9_12

Nez Perce Tribe Comments to DOJ 11_09_12

Defs Post-Hearing Brief inSuuport of Sec 1500 Dismissal CFC 02_28_08

1500 Filing Facts 11_01_12

Prior posts here and here.

Administrative Conference Recommends Repeal and Replacement of Section 1500

Tribal support needed. Here are the materials:

S 1500_ Revised draft recommendation _ 09202012

ACUS 1500 Tribal Views Letter

DOJ Statement Re Section 1500 Proposal

From DOJ:

The Department of Justice is seeking input from tribal leaders to assist the Department in formulating the official position it will take on a proposal that will be considered in early December 2012 by the Administrative Conference of the United States, of which the Department is a member. The proposal, which did not originate at the Department of Justice, would recommend to Congress that it repeal and replace 28 U.S.C. 1500, a Federal statute that prohibits consideration by the United States Court of Federal Claims of otherwise cognizable claims if the plaintiff also has pending litigation against the United States in any other court based on substantially the same operative facts, regardless of the type of relief sought. Additional information regarding the statute and the proposal are included in the attached letter and enclosures.

WaPo Article on Justice Department’s Eagle Feathers Policy

Here. h/t PropertyProf Blog.

An excerpt:

Doug Craven, the natural resources director for the Little Traverse Bay Bands of Odawa Indians in Michigan, said tribal members there frequently encounter feathers from around 25 bald eagle nesting sites on their reservation. But it wasn’t always clear to them whether they could keep the feathers for ceremonial use or if they’d have to send them off to a repository.

“They feel that’s been gifted to them and they have a responsibility for that feather,” said Craven, who was part of a group consulting with the Justice Department on the eagle feather policy. “This policy supports that.”

Yay! It’s nice no longer being a crook.

DOJ Issues New Eagle Feather Policy re: Tribal Members

Here. The full policy is here.

From the press release:

The policy provides that, consistent with the Department of Justice’s traditional exercise of its discretion, a member of a federally recognized tribe engaged only in the following types of conduct will not be subject to prosecution:

·          Possessing, using, wearing or carrying federally protected birds, bird feathers or other bird parts (federally protected bird parts);

·          Traveling domestically with federally protected bird parts or, if tribal members obtain and comply with necessary permits, traveling internationally with such items;

·          Picking up naturally molted or fallen feathers found in the wild, without molesting or disturbing federally protected birds or their nests;

·          Giving or loaning federally protected bird parts to other members of federally recognized tribes, without compensation of any kind;

·          Exchanging federally protected bird parts for federally protected bird parts with other members of federally recognized tribes, without compensation of any kind;

·          Providing the feathers or other parts of federally protected birds to craftspersons who are members of federally recognized tribes to be fashioned into objects for eventual use in tribal religious or cultural activities.

BIA/DOJ Tribal Court Training Announcements

Here:

Training Announcement (Trial Advocacy)-Chinle, AZ

Training Announcement (Trial Advocacy)-Seattle, WA

Prior announcement was here.

Joint Interior-Justice Tribal Court Advocacy Programs for Tribal Prosecutors

Here:

Interior Press Release on Trial Ad Programs

Trial Advocacy Training Announcement (Great falls, MT)

Trial Advocacy Training Announcement (Ignacio, CO)

From the press release:

A pilot training session on domestic violence held by the OJS and the ATJ in August 2011 in Rapid City, S.D., proved so successful that the OJS and its federal partners provided funding for seven additional sessions. The first of those, which focused on illegal narcotics, was held March 13-15, 2012, in Phoenix, Ariz. Each of the six remaining sessions, to be held through the rest of 2012 and into 2013, will focus on one training topic. The schedule for the coming sessions is:

• July 24-26, 2012, Duluth, Minn.
• August 14-16, 2012, Durango, Colo.
• September 11-13, 2012, Great Falls, Mont.
• October 2-4, 2012, Seattle, Wash.
• October 23-25, 2012, Chinle, Ariz.
• January 15-17, 2013, Albuquerque, N.M.

DOJ Consultation on Proposed Eagle Feathers Policy

Materials here:

Eagle feather letter — includes the relevant logistics

Consultation on Proposed DOJ Eagle Feathers Policy – Framing Paper

Defending Childhood Task Force to Hold Detroit Hearing April 23-24, 2012

From the information provided here:

The Defending Childhood Task Force is interested in hearing from community members and professionals working with children and families who have experienced violence, and those who have personally experienced children’s exposure to violence, both as victims and witnesses.

The National Council on Crime and Delinquency site on the topic is here and has information on past task force hearings.

Report Alleges Lack of Emergency Contraception Violates TLOA and DOJ Protocols

An article from Mother Jones here.

The report is here.