Link to USAJobs announcement here.
They provide legal advice on a range of Indian law matters, but particularly focus on Federal environmental law as it applies to Indian lands.
Department of the Interior
BIA’s Brief in Support of Partial Dismissal in Mashpee Wampanoag Carcieri Challenge
Here are the materials, so far, in Littlefield et. al. v. U.S. Department of Interior (D. Mass.):
Doc. 1 – Complaint for Declaratory and Injunctive Relief
Doc. 10 – United States’ Memorandum of Law in Support of Motion for Partial Dismissal
Except:
Plaintiffs’ Fifth Cause of Action seeks a declaration that the IRA, enacted over eighty years ago, is unconstitutional. Plaintiffs specifically allege that the IRA’s provision authorizing the Secretary to acquire land in trust on behalf of federally-recognized Indian tribes somehow reflects an unconstitutional delegation of legislative authority. This legal question, however, has long been resolved against Plaintiffs by all courts to consider it, including the First Circuit in a decision binding on this Court. Federal courts have held, consistently and repeatedly, that the Secretary’s authority to acquire land in trust under the IRA does not violate the United States Constitution because there are sufficient intelligible principles provided in the statute and its legislative history to guide the Secretary’s discretion whether to acquire land in trust on behalf of a tribe. Moreover, it has been over 85 years since the Supreme Court invalidated any statute on the grounds of excessive delegation of legislative authority. The Supreme Court in fact has only found two statues to be a violation of the non-delegation doctrine, neither of which are comparable to the statute at issue here. Accordingly, the Court must dismiss Plaintiffs’ Fifth Cause of Action.
Indian Law Job at Interior
Link to USA Jobs announcement here.
The Office of the Solicitor is looking for an attorney to advise on the Land Buy Back Program. Offer closes April 18, 2016.
News Release: Interior Announces Interagency Partnership With Justice and HHS to Strengthen ICWA Implementation and Compliance
Download press release here.
Excerpt:
The principal co-chairs of the ICWA Interagency Workgroup are the DOI Assistant Secretary – Indian Affairs, the HHS Assistant Secretary for the Administration for Children and Families; and the DOJ Assistant Attorney General for the Environment and Natural Resources Division. Each agency will designate a senior staff member to serve as a staff co-chair of the Workgroup.
The Workgroup will meet monthly at a staff level, with principal-level meetings at least twice a year, and will identify priorities, goals and tasks, as well as establish committees to carry out its work. It also will seek input from and conduct outreach to federally recognized tribes and other stakeholders via existing federal tribal advisory groups, stakeholder groups, tribal consultations, listening sessions, and public meetings.
New BIA Rights-of-Way Regulations: Webinar on Significant Opportunities for Indian Country
On November 17th the Department of the Interior published a final rule on Rights-of-Way on Indian Lands. The new regulations go into effect on December 21, 2015 and will have a substantial impact throughout Indian Country, particularly in eliminating state taxation, creating opportunity for new revenue streams for tribes, and increasing compensation for “piggybacked” uses. Virtually every reservation has multiple rights-of-way for varied purposes. These regulations contain a great deal of opportunity for tribes, but will require action and attention.
To prepare for the implementation of this final rule, NCAI is hosting a webinar to review the Rights-of-Way regulations, and will include discussion with BIA Realty on how to get started reviewing your rights of way. We will also have a discussion on negotiating. Please join us on December 11, 2015 at 2:00 pm EST. Register here.
David Mullon, former Chief Counsel of Senate Committee on Indian Affairs will offer an overview of the regulations.
Sharlene Roundface, Chief, BIA Division of Real Estate Services will share information on how to find documentation of existing Rights of Way
Stephen LeCuyer, Tribal Attorney for Swinomish Tribe, will related the Swinomish Experience with implementing tax provisions in the similar BIA Leasing regualations.
David Harrison, past Director, BIA Office of Trust Services, will discuss experiences in negotiating rights-of-way.
DOI Rights-of-Way Regulations – Final Rule
Highlights of this final rule include:
- “Piggybacked” uses must be compensated, likely increasing values significantly;
- State taxation of Rights of Way preempted;
- Significant opportunity to create new sources of tribal tax revenue;
- Simplified requirements and clarified processes for BIA review;
- Streamlined process for obtaining a right-of-way on Indian land by eliminating the need to obtain BIA consent for surveying and establishing timelines for BIA review;
- BIA disapproval only where there is a stated compelling reason;
- Providing Indian landowners with notice of actions affecting their land;
- Greater deference to individual Indian landowner decisions;
- Promoting tribal self-determination and self-governance by providing greater deference to Tribes on decisions affecting tribal land;
- Clarified tribal jurisdiction over lands subject to a right-of-way; and
- Incorporating tribal land policies in processing.
NCAI Contact Information: Colby Duren, Staff Attorney & Legislative Counsel, cduren@ncai.org, or Christina Snider, Staff Attorney, csnider@ncai.org
Interior Seeks Attorney for Knoxville Office
Link to USAJOBS announcement here.
ACHP invites public comment in order to resolve 33-year permit suspension for oil well on Blackfeet Reservation
US D-D.C. Court order in the matter of Solonex LLC v. Sally Jewell, et. al, here.
DOI Schedule here.
ACHP invitation to comment here.
On July 27, 2015, the D.C. District Court ruled the Department of the Interior (DOI) is violating federal law in delaying decision on a natural gas exploratory permit that has been suspended since 1985. The DOI was given 21 days to submit a schedule for the final resolution of the suspension and on Monday that schedule was released. Highlights include:
- The Advisory Council on Historic Preservation (ACHP) to gather comments to give to the Secretary of Agriculture before September 21, 2015.
- The Forest Service will review the comments and submit its recommendation on the potential for adverse effects to historic properties and ideas on mitigating effects to the Bureau of Land Management (BLM) by October 31, 2015.
- BLM has to make a final decision to lift the suspension or initiate cancellation by November 31, 2015.
- Compliance with the National Environmental Policy Act could delay conclusion until July 15, 2017.
ACHP has scheduled its 3-hour public meeting for Wednesday, September 2, 2015, in Choteau, Montana. Designated representatives from all parties, including the Blackfeet Tribe, will speak first then comments will come from those who report their name and organization before the meeting. Any other comments will be heard as time permits. ACHP is accepting written comments until 5PM EDT on Friday, September 4, 2015.
If you would like to officially speak at the meeting or write a comment:
Email: www.106permittodrill@achp.gov
Fax: (202) 517-6381
Mail: Ms Katry Harris
Advisory Council on Historic Preservation
401 F St NW Suite 308
Washington DC 20001 2637
Federal Government Trust Management Settlement with 41 Tribes Announced
ATTORNEY GENERAL HOLDER AND SECRETARY SALAZAR ANNOUNCE $1 BILLION SETTLEMENT
OF TRIBAL TRUST ACCOUNTING AND MANAGEMENT LAWSUITS FILED BY MORE THAN 40 TRIBES
WASHINGTON – Attorney General Eric Holder and Secretary of the Interior Ken Salazar today announced the settlement of lawsuits filed by 41 federally-recognized tribes against the United States, in which the tribes alleged that the Department of the Interior and the Department of the Treasury had mismanaged monetary assets and natural resources held in trust by the United States for the benefit of the tribes. The announcement followed a 22-month-long negotiation between the tribes and the United States that has culminated in settlements between the government and tribes totaling more than $1 billion.
These settlements resolve claims dating back more than 100 years and will bring to an end protracted litigation that has burdened both the plaintiffs and the United States. Ending these long-running disputes about the United States’ management of trust funds and non-monetary trust resources will allow the United States and the tribes to move beyond the distrust exacerbated by years of litigation. These settlement agreements represent a significant milestone in the improvement of the United States’ relationship with Indian tribes.
“These settlements fairly and honorably resolve historical grievances over the accounting and management of tribal trust funds, trust lands and other non-monetary trust resources that, for far too long, have been a source of conflict between Indian tribes and the United States,” said Attorney General Holder. “Our commitment to tribes is the cornerstone of the Department of Justice’s policies and initiatives in Indian Country, and these settlements will enable the tribal community to pursue the goals and objectives they deem to be appropriate while marking another step in our shared future built upon mutual respect and strong bonds of trust between tribal governments and the United States.”
“These important settlements reflect President Obama’s continuing commitment to ensuring empowerment and reconciliation for American Indians,” said Secretary Salazar. “It strengthens the government-to-government relationship with Tribal nations, helps restore a positive working relationship with Indian Country leaders and empowers American Indian communities. I want to commend Attorney General Holder, our Interior Solicitor Hilary Tompkins and other key officials who were involved in the long negotiations leading to these historic agreements. I look forward to working with Tribal leaders to further strengthen our government-to-government relationship based on mutual respect and a shared concern for the proper management of tribal trust assets and funds.”
The 2011 Fourth Quarter in DOI Federal Press Releases
December, 2011
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12-01-11 Tribal Consultation Policy Release kk
November, 2011
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October, 2011
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SCOTUSblog on the SCIA Hearing on Carcieri
From SCOTUSblog:
Today, at 2:15 pm the Senate Committee on Indian Affairs will conduct a hearing in response to the recent Supreme Court decision in Carcieri v. Salazar. The decision limited the Secretary of the Interior’s authority to place land into trust under 25 U.S.C. § 465, the Indian Reorganization Act (IRA), only for Indian tribes under federal jurisdiction when the IRA was enacted in June of 1934. Prior to the decision, the Department of the Interior construed the IRA as granting authority to place land into trust under the IRA for all federally recognized tribes. Further analysis of the decision is available here.
The witnesses include Edward Lazarus, a partner at Akin Gump Strauss Hauer & Feld, LLP (prepared testimony available here); W. Ron Allen, the Secretary of the National Congress of the American Indians; and Lawrence Long, the Chairman of the Western Attorneys General.
Turtle Talk 