News & Analysis as of

Tribal Lands

The maturation of the duty to consult: Top ten developments of 2017 in Canadian Aboriginal law

by Dentons on

2017 in Canadian Aboriginal law proved to be a watershed moment for the Crown’s duty to consult, with the confluence of a number of high-profile appellate decisions—including a new trilogy of consultation cases from the...more

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

January 2018 marked the beginning of year two of the Trump Presidency and the second session of the 115th Congress. Congress came back into session on January 3 after recessing for the December holidays. With the passage of...more

House of Representatives Passes Bill To Restore Recognition Of Tribal Sovereignty In Labor Law Enforcement

by McGuireWoods LLP on

Earlier this month, a bipartisan 239-173 majority of the House of Representatives passed the text of the Tribal Labor Sovereignty Act (H.R. 986) as an amendment to a Senate bill amending a 2010 law regarding Apache tribal...more

Wisconsin Indian Tribe Sues Federal Government to Get Involved in Permitting of Mine in Michigan’s Upper Peninsula

by Husch Blackwell LLP on

The Menominee Indian Tribe of Wisconsin has sued the U.S. Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) over the proposed Aquila Resources Back Forty Mine, arguing that EPA and Corps have...more

Ending the Twilight Saga: FCC Proposes Slashing Regulations to Speed Broadband Deployment

by Hogan Lovells on

The FCC has proposed to exclude so-called “Twilight Towers” from routine historic preservation review under Section 106 of the National Historic Preservation Act (“NHPA”) and its regulations.  ...more

Limitations Period Doesn't Apply to Tribal Claim for Mismanagement of Trust Funds - Court of Federal Claims Ruling May Expand...

by Holland & Knight LLP on

• A decision by the Court of Federal Claims has important implications for breach of trust claims involving tribal trust funds. • Most claims for mismanagement of tribal trust resources are limited to the six-year period...more

DOI's Royalty Policy Committee Could Bring Trust Reform

In the summer of 2015, I stood along a rural highway in Caddo County, Oklahoma, with a young Kiowa allottee. He showed me the allotment that had been in his family for generations — ever since Congress, with the endorsement...more

DOI Identifies Burdens to Energy Development on US Tribal Land

by Latham & Watkins LLP on

Stakeholders interested in energy development on US tribal lands will welcome recent Department of Interior (DOI) efforts that identify a key burden to energy development on these lands — as well as the Bureau of Indian...more

New Energy Legislation Introduces Tribal Opportunities

by Hogan Lovells on

Historical development on new tribal energy legislation in Congress that will empower tribes to approve rights-of-way, leases, and business agreements with private industry for mineral development on tribal lands. Please...more

American Indian Law and Policy: 10 Things You Need to Know - December 2017

Congress returned from the Thanksgiving holiday with an intense workload that must be completed by the end of the year. Tax reform remains a focus, and the Republican-controlled Congress is still committed to getting a final...more

Is the Fate Of The Venting And Flaring Rule Up In The Air? Only Time Will Tell…

by Fox Rothschild LLP on

The Bureau of Land Management (“BLM”) announced today that it has temporarily postponed certain requirements contained in its 2016 final Waste Prevention Rule (also known as the Venting and Flaring Rule) for 1 year, until...more

FCC Takes Steps to Radically Reshape and Shrink the Lifeline Program

by Davis Wright Tremaine LLP on

On November 16, 2017, a divided FCC voted 3-2 to adopt a controversial order and new rulemaking proceeding, adopting and proposing many changes that will radically reshape—and significantly shrink—the Lifeline program. The...more

Cobell Buy-Back Must Advance Indian Country Interests

On Dec. 14, 2010, President Barack Obama signed the Claims Resolution Act of 2010, which, among other things, settled Cobell v. Salazar for a total of $3.4 billion after 14 years of intense litigation. Of that amount, $1.5...more

SCOTUS Asked To Hear Tribal Land Condemnation Case

by Fox Rothschild LLP on

A New Mexico utility has filed a petition asking the U.S. Supreme Court to hear an appeal of a decision precluding it from condemning land for a power line because the Navajo Nation held an interest in that property. The...more

EPA And The Corps Propose To Add Years To “Effective” Applicability Date Of WOTUS Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) proposed a rule that would add an applicability date two years in the future to the Obama-era Waters of the United...more

Administration’s Drone Pilot Program to Spur Innovative Drone Use

by Jones Day on

To promote the integration of drone technology, the White House’s three-year Unmanned Aircraft Systems Integration Pilot Program partners the federal government with state, local, and tribal governments in the development,...more

Department of Transportation Forms Pilot Program to Integrate UAS into National Airspace

by Stinson Leonard Street on

In direct response to a Presidential Memorandum issued on October 25, 2017, the Department of Transportation (DOT), in consultation with the Federal Aviation Administration (FAA), announced details of a new pilot program...more

Ktunaxa Nation v. British Columbia: The Duty to Consult and Protecting Religious Freedom Rights

by Bennett Jones LLP on

On November 2, 2017, the Supreme Court of Canada released its decision in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54. This case dealt with a novel argument related to the...more

Drones: A Legal and Regulatory Update - Recent White House and Federal Court Action Impacting Future UAS Regulations

by Best Best & Krieger LLP on

The White House issued a Presidential Memorandum last week directing the Secretary of Transportation to establish an Unmanned Aerial Systems Integration Pilot Program to promote the safe operation of UAS, or drones, in...more

Indian Trust Land: Taxation of Leases and Permanent Improvements

Over the last few years, the Department of Interior Bureau of Indian Affairs (BIA) updated the federal regulations on leases and rights-of-way on Indian trust land. Important tax provisions were included in the new...more

U.S. Supreme Court Considering Case with Major Implications for Western Water Rights

by Snell & Wilmer on

Several months ago, an earlier post in this blog described a decision by the Ninth Circuit Court of Appeals that recognized a federal reserved water right to groundwater [see Ninth Circuit Holds that Federal Reserved Water...more

DOI Actions Underscore Need For Tribal Consultation

At this point in the Obama administration eight years ago, Secretary Ken Salazar was clear on his commitment to restoring tribal homelands. Embracing his trust and treaty responsibilities, Secretary Salazar left no ambiguity...more

Currents - Energy Industry Insights - October 2017 #4

EPA to Restrict Scientific Advisers Who Get Agency Grants - "Pruitt did not say how restrictive the policy would be. But it has the potential to greatly reduce the body of expert scientists who could serve on the boards...more

Court Declines to Vacate Environmental Assessment of Dakota Access Pipeline, Permitting Oil to Flow during Remand

On October 11, 2017, the United States District Court for the District of Columbia declined to vacate the U.S. Army Corps of Engineers’ (“Corps”) Environmental Assessment (“EA”) of the Dakota Access Pipeline while the agency...more

Flandreau Santee Sioux Tribe Receives Partial Victory in South Dakota Tax Case

by Holland & Knight LLP on

HIGHLIGHTS: •In a recent case before the U.S. District Court for the District of South Dakota, Flandreau Santee Sioux Tribe v. Gerlach, the Flandreau Santee Sioux Tribe (Tribe) won a partial, but significant, victory...more

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