Nooksack Tribe Sues Interior for Refusing to Recognize Tribal Council, Fund Contracts

Download(PDF): Complaint for Injunction, Writ of Mandamus, Declaratory Judgment, and Other Relief

Incoming Administration Memo to Dept. of Interior (Gag Order)

Here is “Leaked Memo Silences Department of Interior.”

There is a link to the memo in the article, but here it is as well:

doi-memo-1-20-2017

And the text:

Memorandum
To: Chiefs of Staff, Bureaus and Offices
From: Julie Lillie, Director, Office of Executive Secretariat and Regulatory Affairs
Subject: Federal Register Documents and Correspondence Clearance Procedures

As we begin a new administration, it is important that the incoming policy team has an opportunity to review documents. Effective immediately, and in addition to your internal clearance processes, all Federal Register documents, including all notices, and all correspondence to or from the Secretary must be forwarded to the Office of the Executive Secretariat and Regulatory Affairs (OES) for review 5 days prior to any deadline for Departmental clearance, regardless of signature level. For Federal Register notices this includes, but is not limited to:

• any proposed or final regulation or policy action,
• notices of all meetings, including tribal consultation meetings,
• all notices related to NEPA documents
• information collection notices,
• FWS notices of low effect applications for permits,
• BLM notices of plat surveys, and
• BOEM quarterly notices of environmental documents prepared for the Gulf of Mexico Outer Continental Shelf.

In addition to the above, all incoming congressional and gubernatorial correspondence as well as correspondence from Indian or Alaska tribal leaders and leaders from national level environment/recreational and industry organizations must be forwarded to OES prior to responding, regardless of addressee or signature level. No correspondence should be cleared to go to Congress or to any Governor until it has been reviewed by the Acting Chief of Staff and/or Senior White House Advisor. The OES will be responsible for tasking these letters for response . The incoming leadership team will decide whether to continue or modify these instructions.

Larry Roberts’ Final Letter to Tribal Leaders as Assistant Secretary

Download(PDF): Signed Dear Tribal Leader Letter – January 18 2017

News Release: Roberts Announces Inclusion of Updated CSC Policy into DOI Indian Affairs Manual

Download(PDF): Press Release

Excerpt:

Lawrence S. Roberts today issued an updated Contract Support Costs (CSC) Policy for the Indian Affairs Manual (IAM). The updated Policy reflects extensive tribal consultation and the work of the Bureau of Indian Affairs’ (BIA) CSC Workgroup, which is comprised of tribal and federal experts.

The updated Policy provides for the full payment of CSC and helps ensure that the payment of CSC is accurate, timely, and meets 100 percent of a tribe’s CSC need as calculated under the Policy. The Policy also simplifies and streamlines CSC calculation to expedite payment.

Report: Improving Tribal Consultation and Tribal Involvement in Federal Infrastructure Decisions – January 2017

Here. [PDF for when the Trump Administration deletes this report.] Update 10/27/17 — aaaaand it’s gone.

An excerpt:

This Report serves several functions. First, it provides information about the existing Federal statutory, regulatory, and policy framework governing both Tribal consultation and Federal decision-making on infrastructure and related projects. Second, it serves as a record of Tribal input on this topic, summarizing both written and oral comments received during the consultations, listening session, and written comment period. Third, in order to improve both consultation and infrastructure permitting processes, this Report recommends that agencies undertake a thorough review of their consultation policies and practices, and that consultation policies be provided to the WHCNAA and made publicly available (if they are not already). The Report provides an initial Federal response to Tribal comments and recommendations along with a set of principles that should inform Tribal consultation. Finally, the Report highlights best practices gleaned from what Tribes identified as successful Tribal consultations and makes recommendations for further research, administrative, regulatory, or legislative action.

Nooksack Update: Interior Threatens Reassumption; State Court Asserts PL 280 Jurisdiction

Downloads(PDF):

Link: Previous posts

Friday Job Announcements

Job vacancies are posted on Friday. Some announcements might still appear throughout the week. If you would like your Indian law job posted on Turtle Talk, please email indigenous@law.msu.edu.

Port Gamble S’Klallam Tribe

RFP for tribal prosecutor, proposals will be accepted until January 31, 2017.

Department of the Interior

Senior Advisor (Tribal Relations), Office of the Secretary, Arlington, VA. Closes 1/4/2017.

Senior Advisor (Tribal Relations), Status Applicants. Closes 1/4/2017

Advisor for Tribal Relations, Office of the Secretary, Arlington, VA. Closes 1/5/2017.

Advisor for Tribal Relations, Status Applicants. Closes 1/5/2017.

Department of Justice

Grants Management Specialist (Senior Tribal Policy Advisor), Office of Juvenile Justice and Delinquency Prevention, Washington D.C.

Michigan Indian Legal Services

Summer Legal Interns, Traverse City, Southwest Michigan, and Sault Ste. Marie.

Indian Health Service Partners with Bureau of Indian Affairs and Bureau of Indian Education to Increase Access to Behavioral Health Services for Native Youth

Download(PDF): IHS-Indian Affairs joint news release

Excerpt:

“In keeping with President Obama’s Generation Indigenous initiative to improve opportunities for Native youth and the BIA’s Tiwahe initiative to strengthen Native families, this interagency agreement will enable the BIA and BIE to work collaboratively with IHS to bring much-needed behavioral health resources to Native youth,” said Lawrence S. “Larry” Roberts, Principal Deputy Assistant Secretary for Indian Affairs in the U.S. Department of the Interior.

Press Release: Obama Administration Exceeds Ambitious Goal to Restore 500,000 Acres of Tribal Homelands

Date: October 12, 2016 Contact: Interior_Press@ios.doi.gov
(AS-IA) Nedra Darling 202-219-4152

Administration makes good on promise to place at least one half million acres of land into trust for tribal nations, working to make tribal communities whole again

WASHINGTON – U.S. Secretary of the Interior Sally Jewell and Principal Deputy Assistant Secretary – Indian Affairs Lawrence S. “Larry” Roberts today announced that the Obama Administration has exceeded its goal of placing half a million acres of tribal homelands into trust for federally recognized tribes.

“Restoring tribal homelands has been a pillar of President Obama’s commitment to support tribal self-determination and self-governance, empowering tribal leaders to build stronger, more resilient communities,” Secretary Jewell said. “The Administration broke the logjam on trust land applications in 2009 and has worked steadily, collaboratively and effectively to restore Native lands that will help strengthen tribal economies and make their nations whole again.”

The 500,000 acre goal was surpassed Friday when President Obama signed into law the bipartisan Nevada Native Nations Lands Act, which conveys more than 71,000 acres of Bureau of Land Management and U.S. Forest Service lands to the U.S. Department of the Interior to place into federal trust status for six Nevada tribes. The tribes will use their newly acquired lands to expand housing, provide economic development opportunities and promote cultural activities for and by their tribal members.

“Secretary Jewell announced early on a goal of restoring 500,000 acres to Indian Country by the end of the Obama Administration and we view this as a meaningful start to correcting the enormous loss of tribal homelands Indian Country has endured,” Principal Deputy Assistant Secretary Roberts told tribal leaders at the opening session of the National Congress of American Indians’ 73rd Annual Convention in Phoenix, AZ earlier this week.

Roberts further said, “I want to thank the Bureau of Indian Affairs Director Mike Black for his implementation of this important policy, the Regional Directors and their staff for their hard work to make it a reality. While our fee-to-trust process remains rigorous and tribes must expend precious resources to address the Carcieri decision, tribes continue to prioritize the return of their homelands, investing their own resources to ensure a land base for future generations.”

Restoring tribal homelands has been a key part of the Obama Administration’s Indian Country priorities, representing a shift from historic federal policy that previously resulted in tribes losing millions of acres of land across the U.S. over several hundred years. Since 2009, the Bureau of Indian Affairs has processed 2,265 individual trust applications and restored more than 542,000 acres of land into trust. And in partnership with tribes and agency staff at all levels, Indian Affairs continues to process additional applications for land into trust.

As part of President Obama’s pledge to work nation-to-nation with tribal leaders to strengthen their communities and build their economies, the Administration also has overhauled antiquated leasing regulations to provide tribes greater control over their homelands and issued new regulations to allow the Interior Department to accept land into trust for federally recognized Alaska tribes, thereby advancing tribal sovereignty and closing a long-standing gap that had not extended this eligibility to Alaska Natives.
The Secretary of the Interior is authorized by the Indian Reorganization Act of 1934 to acquire land into trust for federally recognized tribes. Lands held in federal Indian trust status, which cannot be sold, alienated, or transferred to non-Indians or non-Natives, benefit their American Indian and Alaska Native tribal owners through federal programs for business development, housing, and environmental and cultural protection. Typical uses of trust land include governmental operations, cultural activities, agricultural/forestry activities, housing, economic development, social and community services, and health care and educational facilities.

DOI Seeks Supervisory Attorney-Advisor for National Park Branch

Link to USAJobs posting here.  Closes Monday, June 27, 2016.