News & Analysis as of

Native American Issues Bureau of Indian Affairs

Lippes Mathias LLP

Interior Finalizes Rule to Acquire Lands in Trust for Tribes

Lippes Mathias LLP on

After years of concerns raised by Indian law practitioners and tribal leaders alike, the rules under which the Secretary of the Department of the Interior accepts lands in trust for federally recognized Indian tribes have...more

Nelson Mullins Riley & Scarborough LLP

Proposed Changes to DOI’s Tribal Land Into Trust and Gaming Compact Process Create More Opportunities for Off-Reservation Gaming

Recent proposed regulations seek to streamline and reduce costs for tribal land into trust applications and clarify parameters for negotiation and approval of tribal-state gaming compacts. The administrative process by...more

WilmerHale

Rulemaking To Update Land-Into-Trust Process For Tribes And Individual Indians

WilmerHale on

On December 5, 2022, the Interior Department’s Bureau of Indian Affairs (BIA) published proposed revisions to 25 C.F.R. Part 151—the regulations governing the United States’ discretionary acquisition of land in trust for the...more

Brownstein Hyatt Farber Schreck

Applications Open for Energy and Mineral Development Program Grant Opportunity

On Sept. 3, the Office of Indian Energy and Economic Development, Division of Energy and Mineral Development (DEMD) issued a solicitation for grant proposals for technical assistance funding to identify, evaluate or assess...more

Hogan Lovells

Suspensions of federal and Indian oil and gas leases

Hogan Lovells on

With storage pressure and pandemic-reduced demand driving oil prices into freefall, lessees of federal and Indian lands may consider turning to the Bureau of Land Management (BLM) and Bureau of Indian Affairs (BIA) procedures...more

PilieroMazza PLLC

BIA to Establish Procedures for Federally Recognizing Alaskan Tribes

PilieroMazza PLLC on

On January 2, 2020, the Bureau of Indian Affairs (BIA) issued a proposed rule to create a new 25 Code of Federal Regulations (CFR) part 82 that would establish procedures for a non-federally recognized Alaska Native entity to...more

Perkins Coie

Ninth Circuit Upholds BIA Approval of Southern California Wind Energy Project

Perkins Coie on

The U.S. Court of Appeals for the Ninth Circuit has upheld the approval of a utility-scale wind facility in California, rejecting claims that the Bureau of Indian Affairs violated the National Environmental Policy Act and the...more

K&L Gates LLP

Tax Developments Provide Opportunities for Economic Growth in Indian Country

K&L Gates LLP on

Opportunities for economic growth in Indian country — including the development of retail space, hotels and resorts, energy projects, data farms, and more traditional farming activities, to name a few — are tied to several...more

Kilpatrick

Organizing Indian Affairs for the Next 100 Years

Kilpatrick on

Secretary Zinke welcomed 2018 with a proposal to reorganize the Department of the Interior’s regions by watersheds and ecosystems. Reported as his largest priority, Secretary Zinke advocates that the 13 reorganized regions,...more

Kilpatrick

Indian Country After Year One of the Trump Administration

Kilpatrick on

At this point in year one of the Obama Administration, tribes were enjoying the progress made at the first ever White House Tribal Nations Conference where 566 federally recognized tribes were invited to engage directly with...more

Akin Gump Strauss Hauer & Feld LLP

American Indian Law and Policy: 10 Things You Need to Know - April 2018

When Congress returned after the December break, it needed to reach a spending agreement on government funding for the remainder of fiscal year 2018. Since October 2017, the government had been funded through a series of...more

Holland & Knight LLP

D.C. Circuit Awards Navajo Nation $15.7 Million in Additional Annual ISDEAA Funding

Holland & Knight LLP on

Court: Bureau of Indian Affairs Failed to Act in Timely Manner on Tribal Funding Proposal - The U.S. Court of Appeals for the District of Columbia Circuit on April 4, 2017, ruled that the Navajo Nation is entitled to...more

Nossaman LLP

Court Holds that the Bureau of Indian Affairs is Not Obligated to Ensure Migratory Bird Treaty Act or Bald and Golden Eagle...

Nossaman LLP on

On March 29, 2016, the U.S. District Court for the Southern District of California granted summary judgment in favor of the Bureau of Indian Affairs (“BIA”) in a lawsuit involving the grant of a lease to Tule Wind, LLC for...more

Holland & Knight LLP

Supreme Court Nominee Has No Clear Track Record on Indian Country Cases

Holland & Knight LLP on

President Obama nominated Merrick Garland on March 16, 2016, to be an associate justice on the U.S. Supreme Court. Garland now serves as chief judge of the U.S. Court of Appeals for the District of Columbia Circuit. Despite...more

Holland & Knight LLP

State, Local Taxes on Tribal Leases Vulnerable After California Court Order

Holland & Knight LLP on

Indian country may be close to another victory against state and local taxes. On Feb. 8, 2016, a California district court issued an order that signals it is likely to invalidate Riverside County's imposition of a possessory...more

Holland & Knight LLP

Indian-Owned Businesses Should See More Procurement Contracts Under New Buy Indian Policy

Holland & Knight LLP on

The U.S. Department of the Interior's Bureau of Indian Affairs (BIA) on Jan. 12, 2016, announced a new policy to improve the implementation of the Buy Indian Act of 1910 (Act). The policy, announced in a memorandum by Acting...more

Holland & Knight LLP

Indian Tribes Have Important November 19 CSC Filing Deadline - The DOI Settlement Funds are Available for Tribes with...

Holland & Knight LLP on

The U.S. District Court for the District of New Mexico has preliminarily approved a final settlement for the parties in Ramah Navajo Chapter et al. v. Jewell, a class action against the U.S. Department of the Interior (DOI)...more

Perkins Coie

Bureau Of Indian Affairs Proposes Regulation To Allow Taking Of Land Into Trust For Tribes In Alaska

Perkins Coie on

After decades of interpreting the Alaska Native Claims Settlement Act of 1971 (ANCSA) to preclude the federal government’s acquisition of land in trust for tribes in Alaska, on May 1, 2014, the Bureau of Indian Affairs...more

Goodwin

Compact Between Mashpee Wampanoag Tribe and Gov. Deval Patrick Approved by Default

Goodwin on

The federal Bureau of Indian Affairs allowed the 45-day review period to lapse without issuing a decision, thereby approving a compact between the Mashpee Wampanoag Tribe and Gov. Deval Patrick for a $500 million casino in...more

Perkins Coie

Second Circuit Holds That States May Tax Non-Indian Property On An Indian Reservation

Perkins Coie on

On July 15, 2013, the United States Court of Appeals for the Second Circuit held that a state may impose a generally applicable personal-property tax on property owned by non-Indians but leased to an Indian tribe and used for...more

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