Secretary Haaland Successful in Interior Initiative to Dismantle Tribal Water Rights
On June 22, 2023, the U.S. Supreme Court ruled against the Navajo Nation’s breach of trust claim relating to its reserved water rights in the Arizona v. Navajo Nation and Department of the Interior v. Navajo Nation consolidated case. The decision significantly limits...
BLM Proposed Rule Increases Tribal Involvement in Public Lands
On April 3, 2023, the Bureau of Land Management (BLM) published a proposed rule in the Federal Register entitled “Conservation and Landscape Health” for the public lands managed by BLM. The proposed rule is intended to increase conservation efforts as a part of BLM’s...
Supreme Court Abrogates Tribal Sovereign Immunity in Bankruptcy Decision
On June 15, 2023 the U.S. Supreme Court ruled that the United States Bankruptcy Code unambiguously abrogates the sovereign immunity of all governments, including federally recognized Indian tribes. In Lac du Flambeau Band of Lake Superior Chippewa Indians v....
Fiscal Responsibility Act Claws Back Some Tribal Funding
In his first few months as Speaker of the House, Kevin McCarthy, used negotiations on a bill to increase the debt ceiling to rescind “unobligated” COVID-19 related funding—including some tribal funding. The bill also put limitations on future spending and included...
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...