News & Analysis as of

Tribal Governments

Senate Bill Provides Parity: Tribal Government Regulation of UAS on Tribal Lands

by Holland & Knight LLP on

Sens. Dianne Feinstein (D-Calif.), Mike Lee (R-Utah), Richard Blumenthal (D-Conn.) and Tom Cotton (R-Ark.) on May 25, 2017, introduced the Drone Federalism Act of 2017 to allow any state, local or tribal government to protect...more

Grant and cooperative-agreement recipients: Are your procurement standards compliant yet?

by Thompson Coburn LLP on

Local governments, Native American tribes, institutions of higher education, or non-profit organizations (including health care organizations) that receive grants or cooperative agreements (or part of either type of Federal...more

SCOTUS Explores Tribal Sovereign Immunity in Lewis and Clarke Fender Bender

by Snell & Wilmer on

On April 25, 2017, the U.S. Supreme Court issued a unanimous opinion in Lewis v. Clarke, a case involving tribal sovereign immunity. The Court held that when a tribal employee is sued in his or her individual capacity, that...more

The Supreme Court - April 26, 2017

by Dorsey & Whitney LLP on

Lewis v. Clarke, No. 15-1500: Petitioners Brian and Michelle Lewis were involved in an automobile accident with a limousine transporting patrons of the Mohegan Sun Casino, a casino operated by the Mohegan Tribal Gaming...more

Courts Continue Trend of Recognizing Tribal Immunity in Bankruptcy Proceedings

by Holland & Knight LLP on

Judge Christopher S. Sontchi of the U.S. Bankruptcy Court for the District of Delaware (Court) issued a decision on Feb. 28, 2017, that has important – and positive – significance for Native American tribal governments, their...more

HR, Payroll, Finance Department Beware: Renewed IRS W-2 Phishing Scam Alert

by Dickinson Wright on

The Internal Revenue Service and other agencies recently issued an urgent reminder Alert warning of a sophisticated scam to obtain confidential information and in some cases, fraudulent cash wire transfer payments. Scammers...more

Six Tips for Tribal Governments to Reduce Tribal Member Taxes in 2017

by Holland & Knight LLP on

As the Republican-led Congress and White House move forward on the repeal of the Affordable Care Act (ACA) and major tax-reform legislation, there are several new opportunities that may benefit tribal governments and their...more

$1 Billion in Credit Assistance Now Available from EPA’s New Water Infrastructure Program

On January 10, 2017, the U.S. Environmental Protection Agency (EPA) announced the availability of $1 billion in credit assistance for water infrastructure projects under the new Water Infrastructure Finance and Innovation Act...more

Weekly Update Newsletter - January 2017 #3

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Recognition of Tribal Organizations for Representation of VA Claimants - The Department of Veterans Affairs (“VA”) is amending its regulations concerning recognition of certain national,...more

Federal Court Certifies to the Ninth Circuit the CFPB’s Challenge to Alleged “Rent-a-Tribe” Scheme

by Goodwin on

On January 3, 2017, the U.S. District Court for the Central District of California certified for appellate review its August 31, 2016 Order finding that a California-based payday lending company used a “rent-a-tribe” scheme...more

U.S. Supreme Court to Consider Tribal Sovereign Immunity Issue Related to Individual Tribal Employees

by Littler on

The U.S. Supreme Court recently granted certiorari in Lewis v. Clarke, (No. 15-1500) addressing the issue of whether the sovereign immunity of an Indian Tribe bars individual-damages actions against tribal employees for torts...more

Legislative Opportunities for Tribal Governments Under the Trump Administration

by Holland & Knight LLP on

With the advent of a Republican-controlled White House and Congress, many who work in Washington, D.C., on behalf of Indian tribes may be tempted to adopt a defensive posture. But while it always is important to defend tribal...more

Court Decisions Define the Future for Tribal Gaming

by Goodwin on

Definitions and syntax. Not only on middle school quizzes, but also what determined the fate of the Mashpee Wampanoag and Cowlitz tribal casinos in Massachusetts and Washington, respectively. Two federal court decisions...more

The Law on Tribal Court Jurisdiction over Non-Members Stands with Supreme Court’s Tied Vote in Dollar General Corp. v. Mississippi...

by Dorsey & Whitney LLP on

John Doe, a teenage member of the Mississippi Band of Choctaw Indians, was working as an intern at a Dollar General store on the Tribe’s Reservation when he was sexually molested by the manager of the store. Doe sued Dollar...more

The National 8(a) Association Summer Conference Recap; Mentor-Protégé Regs Looming

by Holland & Knight LLP on

On June 13-14, the National 8(a) Association held its annual summer conference in Anchorage, Alaska. The conference included useful programs on a variety of topics of interest to tribal, Alaska Native Corporations (ANC), and...more

Tribal Employment and Jobs Protection Act Seeks to Exempt Native American Tribes from ACA

by Stinson Leonard Street on

The Tribal Employment and Jobs Protection Act (H.R. 3080) could have a big impact on tribes if it becomes law. The legislation, which was passed by the U.S. House Ways and Means Committee June 15, seeks to exempt Native...more

Advisory Committee on Tax Exempt and Government Entities (ACT) Presents its Report of Recommendations on June 8, 2016

by Bryan Cave on

On June 8, 2016, the 21 members of the ACT presented its 15th report of recommendations to the IRS in a public meeting in Washington, DC. The ACT report addressed five issues...more

EPA Brownfields Site Planning Grants

The U.S. Environmental Protection Agency has posted a Request for Proposals (RFP) for Fiscal Year 2017 Brownfields Area-Wide Planning program grants. With estimated funding of $4 million and a maximum grant amount of...more

HHS to Apply Medicare Rates for Physician, Other Health Services Purchased by IHS-Funded Programs

by Holland & Knight LLP on

Sylvia Mathews Burwell, Secretary of the U.S. Department of Health and Human Services (HHS), on March 21, 2016, issued a final rule to apply Medicare payment methodologies to all physician and other health professional...more

Preemption Issues Heat Up in the Payday Lending Space

Last week, Director Cordray testified at a hearing before the House Financial Services Committee during the CFPB’s Semi-Annual Report to Congress. As part of those proceedings, the issue of federal preemption arose in the...more

The Nenqay Deni Accord: The People’s Accord – Framework to Break New Ground by Reconciling the Past

by Bennett Jones LLP on

The next step in the Tsilhqot’in Nation’s journey to self-government was taken on February 11, 2016, when the Tsilhqot’in Nation and the Province of British Columbia signed the Nenqay Deni Accord: The People’s Accord. The...more

Parity for Tribal Governments Operating Drones

by Holland & Knight LLP on

When Congress first authorized the domestic use of unmanned aircraft systems (UAS) in the Federal Aviation Administration (FAA) Modernization and Reform Act of 2012 (FMRA), it created special, streamlined provisions for the...more

Supreme Court Rejects Tribe’s Equitable Tolling Argument in Contract Support Litigation

by Dorsey & Whitney LLP on

On January 25, 2016, the Supreme Court issued a decision in Menominee Indian Tribe of Wisconsin v. United States, rejecting an argument that equitable tolling preserves some claims against the United States for failure to pay...more

IRS Amends TED Bond Volume Cap Rules to Accommodate Draw-Down Loans

by Holland & Knight LLP on

The Internal Revenue Service (IRS) issued Notice 2015-83 on Dec. 4, 2015, a change that will make it easier for Indian tribal governments to use tribal economic development (TED) volume cap for "draw-down" loan structures in...more

FERC Meeting Agenda Summary - September 2015

by White & Case LLP on

In this issue: • Electric Items • Miscellaneous • Gas Items • Hydro Items • Certificates Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s September 17, 2015...more

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