Solicitor’s Opinion on the New ICWA Regulation

US DOI Solicitor Opinion on the implementation of ICWA through legislative rule:

Congress understood that these issues went beyond reservations and significantly impacted Indian children who lived off reservations as well. Congress noted that there were approximately 35,000 Indian children in foster care, adoptive homes, or institutions whose families did not “live on or near reservations”52 and yet who were subject to the same problematic State child custody proceedings. In the AIPRC Final Report, which was included as part of the Senate Report on ICWA, the Commission recommended that any final legislation address the fact that because “[m]any Indian families move back and forth from a reservation dwelling to border communities or even to distant communities, depending on employment and educational opportunities,” problems could arise when Tribal and State courts offered competing child custody determinations, and that legislation therefore had to address situations where “an Indian child is not domiciled on a reservation and [is] subject to the jurisdiction of non-Indian authorities. ”  Congress accordingly fashioned ICWA to address the removal of Indian children, as defined in the statute, regardless of where their families were located.

Interior Solicitor (Tulsa Office) Job Posting

Here. From the description:

Represent the Secretary of the Interior in Oklahoma state court for approval proceedings of conveyances and leases of restricted Five Tribes lands; on probate issues involving restricted lands of deceased Five Tribes individuals and involving restricted lands and head right interests of Osage individuals; and on quiet title matters involving restricted Five Tribes lands.

Represent the Secretary on guardianship cases involving individual members of the Five Tribes and the Osage Nation. Review and make recommendations regarding Osage inter vivos trusts and hold hearings related to Osage wills and trusts.

Provide general legal assistance, such as research and writing legal opinions, reviewing legal documents and administrative records, and handling litigation before administrative bodies such as the Merit Systems Protection Board (MSPB), Equal Employment Opportunity Commission (EEOC), Interior Board of Indian Appeals (IBIA), Interior Board of Land Appeals (IBLA), Civilian Board of Contract Appeals (CBCA), and Oklahoma state boards, primarily to the Bureau of Indian Affairs on matters involving Indian law, realty and land title, environmental law, FOIA, contracts, employment law, tort claims and other matters as assigned.