U.S. Supreme Court Upholds ICWA and Affirms Political Status of Tribes
Yesterday, June 15, 2023, the Supreme Court of the United States upheld the constitutionality of the Indian Child Welfare Act (ICWA) in the Haaland v. Brackeen case. The decision affirms the political government-to-government relationship between Indian tribes and...
EPA Proposes Water Quality Standards for Indian Reservations
On May 5, 2023, the Environmental Protection Agency (EPA) published a Proposed Rule to establish baseline federal water quality standards for Indian reservation waters that currently do not have standards in effect under the...
GAO Report on Management of Indian Trust Accounts
On April 27, 2023, the Government Accountability Office (GAO) released a report entitled “Actions Needed to Improve Interior’s Management of Trust Services.” In this report, GAO assessed the Department of Interior’s evolving management of trust funds for Indian tribes...
UNLOCKED Act Provides 99-Year Leasing Authority
As a part of permitting reforms in Congress, on April 26, 2023, the Chairman and Vice-Chairman of the Senate Committee on Indian Affairs, Brian Schatz (D-HI) and Lisa Murkowski (R-AK) introduced S. 1322, the Unlocking Native Lands and Opportunities for Commerce and...
States Pass Bills in Support of the Indian Child Welfare Act of 1978
While the United States Supreme Court considers whether to uphold the Indian Child Welfare Act (ICWA) in the Haaland v. Brackeen case, a number of State governments have passed laws supporting protections for Native American children in foster care systems and in...
Catholic Church Repudiates the Doctrine of Discovery
On March 30, 2023, the Vatican officially repudiated its Doctrine of Discovery. For more than 500 years, European colonialism used the Doctrine of Discovery to justify taking Native American lands and natural resources. In its simplest terms, the Doctrine of Discovery...
Veterans Affairs Waive Copays for Native American Veterans
On April 4, 2023, the Department of Veterans Affairs (VA) waived the copayment requirement for American Indian and Alaskan Native veterans receiving care at VA healthcare centers. The VA published the final rule in the Federal Register at 88 FR 19862-19873 (Final...
Senate Appropriations Hearing on Interior FY 2024 Budget
On March 29, 2023, the Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies held a hearing on President Biden's FY 2024 Budget Request for the Department of the Interior. The budget requests $18.9 billion, an increase of $2 billion from...
Proposed Revisions to Indian Arts and Crafts Act and Regulations
The Senate Committee on Indian Affairs (SCIA) and the Bureau of Indian Affairs (BIA) are considering changes to the laws and regulations governing Indian Arts and Crafts. Both SCIA and BIA developed proposals to revise, amend, and enforce the laws and regulations that...
Supreme Court Hears Oral Arguments in Case Challenging Tribal Water Rights
By Michelle Long, Contributing Attorney On Monday, March 20, 2023, the Supreme Court of the United States heard arguments in a case threatening the ability of Indian tribes to protect and enforce their water rights. Last year, the Ninth Circuit Court of Appeals ruled...