U.S. Supreme Court Affirms Tribal Sovereignty in Criminal Case
On June 13, 2022, the U.S. Supreme Court issued a decision in Denezpi v. United States affirming the conviction of a criminal defendant in a federal court even though he had already been prosecuted and sentenced under tribal law in a Court of Indian Offenses. The...
Interior Seeks Comments on Process for Recognizing Indian Tribes
In early June, the U.S. Department of the Interior held two tribal consultation sessions on its process for federal recognition of Indian tribes at 25 C.F.R. Part 83 (“Part 83”). Interior seeks comments from tribal leaders on whether it should consider changing the...
Senate Committee Seeks Comments on Cannabis in Indian Country
On June 17, the U.S. Senate Committee on Indian Affairs (SCIA) held a listening session on Cannabis in Indian Country to discuss tribal cannabis commerce and related equities. SCIA seeks comments from tribal leaders, designees, and experts about industry concerns and...
White House Releases Infrastructure Law Tribal Playbook
In May 2022, the Biden administration released the "Bipartisan Infrastructure Law Tribal Playbook: A Roadmap for Delivering Opportunity and Investment in Indian Country" to help tribal communities access funds to address infrastructure deficiencies. The $1 trillion...
Army Corps Seeks Tribal Input on Civil Works Program
The Army Corps of Engineers (Corps) is holding a series of virtual meetings in an effort to modernize its Civil Works programs through various policy initiatives. According to the Corps, a primary focus of the modernization effort is to serve the needs of Tribal...
Department of Energy Updates Tribal Loan Guarantee Program
On May 25, the U.S. Department of Energy’s (DOE) Loan Program Office announced important updates to the Tribal Energy Loan Guarantee Program (TELGP). In response to tribal comments, the revisions eliminate the application, facility, and maintenance fees payable to...
Interior Releases First Report on Indian Boarding Schools
On May 11, 2022, Secretary of the Interior Deb Haaland and Assistant Secretary for Indian Affairs Bryan Newland released Volume One of the investigative report for the Federal Indian Boarding School Initiative. The report found that between 1819 and 1969, the United...
Arizona State Supreme Court Allows State Taxation of Non-Indian Property on Trust Lands
On April 26, 2022, the Arizona Supreme Court issued a decision impacting the ability of Indian tribes to tax non-Indian property on lands held in trust for tribes. The court held that the Indian Reorganization Act (IRA) of 1934 did not expressly preempt the ability...
Biden Announces Missing or Murdered Indigenous Persons Awareness Day
On May 4, 2022, President Joe Biden issued a proclamation declaring May 5, 2022, as Missing or Murdered Indigenous Persons Awareness Day. This declaration was accompanied by a call for all Americans and levels of government to support Tribal governments and Tribal...
Supreme Court to Hear Case Attacking McGirt Decision
Today, the U.S. Supreme Court will hear oral arguments in Oklahoma v. Castro-Huerta. The case threatens to limit the effect of the landmark decision in McGirt v. Oklahoma. In the 2020 McGirt case, the Supreme Court held that Congress never disestablished the Muscogee...