Native American Law Blog

Navajo Nation Council tables Northeastern Arizona Indian Water Rights Settlement Agreement

The Navajo Nation Council met yesterday to vote on the proposed settlement revolving around the Navajo Nation’s water rights in the Lower Colorado River Basin. A while back, the tribe, represented by Stanley Pollack, sued the federal government claiming that it breached its duty to the tribe (and continues to do so) when it approved of the Colorado River Compact.

Proponents of the settlement state that it would affirm the rights of the Navajo Nation to millions of acre-feet of water that it has been shut out of obtaining since the inception of the Compact. Opponents state that the Navajo Nation is not getting its equitable share and that the Council should vote no.

Yesterday, protesters marched to the Council Chambers and, after hearing their protests, the Council tabled the settlement 49-32 for nine days in order for the public and Council to be better informed of the particulars contained in the settlement.

The Navajo Times has several articles in today’s paper about the settlement, Council’s desire for education and input, and the protestors. The Dine' Water Rights coalition did a majority of the organizing for yesterday’s protest and their facebook page with pictures can be accessed here and their website here.

More to come in nine days.

-Carolyn

Another job opening in the field......in Nevada...

Job Type: ATTORNEY
Schedule Type: Full Time
Practice Areas: Native American/Indian/Tribal Law

Job Description
Work in the stunning Northern Sierra Mountains within an hour’s drive of world-renowned ski resorts for winter-time fun and within an hour’s drive of Lake Tahoe and other summer recreational spots. Enjoy the cultural activities that Carson City and Northern Nevada have to offer.

Nevada Legal Services is seeking a staff attorney for our Indian Law Project. You will be responsible for serving Native Americans in the Tribal Courts in Nevada in criminal cases, juvenile cases, and domestic violence cases.

Qualifications
Nevada Legal Services is looking for someone with experience in Indian Law and working with Native American communities. Experience in criminal law and/or domestic violence cases is preferred.

Salary
Paid.

Application Instructions: If interested in the position contact:

Jennifer Jeans, Directing Attorney
216 N. Pratt Ave
Carson City NV 89701
jjeans@nlslaw.net

 

"Essential governmental function" standard and more scrutinized

Both the Treasury Department and the Internal Revenue Service are looking at the tax code to figure out whether they should revise or remove provisions which tribes have complained stunt their economic growth.

Get the full story here.

-Carolyn

Legal battle over uranium mining continues to heat up

Indian Country Today has an excellent report HERE about how the legal battle over allowing an in situ leach uranium mine in the Four Corners that could contaminate drinking water for 15,000 people on the Navajo Nation continues to be fought.  

How about this - when the clean up from the last bunch of uranium mining is finished, then we can talk about new mining......(yes, I know, the 10th Circuit said they don't have to....an unfortunate decision).

 

twp

Obama Admin. sides with Kaltag Tribe in ICWA case

The U.S. filed an amicus brief in the Indian Child Welfare Act case Hogan v. Kaltag. The brief sides with the tribe and states that the Ninth Circuit Court of Appeals “correctly held that the tribal court had concurrent jurisdiction in a proceeding about custody over a child member of the tribe.”  

To access the Native America Rights Fund’s case update click here and its Supreme Court Project case index here.

Also, on the topic of ICWA, anyone interested in California Indian Legal Resources' 2010 ICWA Benchguide can access it by clicking here. The guide can be reproduced without express permission of CILS, but not altered, changed or amended.

-Carolyn

Upcoming Conference: Tribal Water Law, Indian Water Rights



Law Seminars International Presents: A Comprehensive Conference on New Developments in

Tribal Water Law
Indian water rights, claims, settlements, opportunities and challenges

 

October 21 & 22, 2010
Monte Carlo Resort & Casino in Las Vegas, NV

 

Who Should Attend

Attorneys, tribal representatives, governmental officials, business executives, water users and their representatives, engineers and consultants involved with water use issues and project development

 

What You Will Learn

The Department of the Interior's tribal policy priorities

Updates on water right settlements

Regional issues

Tribal water rights and environmental protection laws

Effective processes for state water planning and Indian water goals

Energy development and water planning

Innovative approaches for water development and use at tribal facilities

Developing tribal water codes

Fresh ideas for resolving Indian water disputes

 

For more information click here.

 

-Carolyn

Further developments in New York v. Tribes

I was away for a short trip to California and am just catching up on my news. This past Friday a federal judge blocked the state of New York from imposing their cigarette taxes on all tribes. In a different suit, only the Cayuga and Seneca Nations were the only tribes protected by a temporary injunction.

Get the full story here.

-Carolyn

Job Opening: Nevada Legal Services' Indian Law Project

Work in the stunning Northern Sierra Mountains within an hour’s drive of world-renowned ski resorts for winter-time fun and within an hour’s drive of Lake Tahoe and other summer recreational spots. Enjoy the cultural activities that Carson City and Northern Nevada have to offer.

Nevada Legal Services is seeking a staff attorney for our Indian Law Project. You will be responsible for serving Native Americans in the Tribal Courts in Nevada in criminal cases, juvenile cases, and domestic violence cases. Nevada Legal Services is looking for someone with experience in Indian Law and working with Native American communities. Experience in criminal law and/or domestic violence cases is preferred.

If interested in the position contact: Jennifer Jeans, Directing Attorney 216 N. Pratt Ave., Carson City NV 89701 jjeans@nlslaw.net

-CMD

Job Opportunity in DC

Attorney-Advisor GS-12/13/14 - CS

U.S. Department of the Interior - The Office of the Solicitor (Washington, D.C.)

Position Type:

Attorney

Geographic Preference(s):

Mid-Atlantic (DE, MD, DC, VA)

Description:

With an emphasis on high ethical standards, excellence in public service and the delivery of quality legal services, the Office of the Solicitor performs the legal work for the United States Department of the Interior, manages the Department's Ethics Office and resolves FOIA Appeals. With more than four hundred total employees, three hundred of which are attorneys licensed in forty states, the Office strives to provide sound legal services to fulfill the Department's diverse and wide-ranging mission.

This position is located in the Office of the Solicitor, Division of Indian Affairs, Branch of Trust Responsibility. The duties of this position include complex legal responsibilities that deal with the federal trust responsibility and the management of trust lands, and with related federal laws such as the National Environmental Policy Act. The incumbent will advise the Assistant Secretary for Indian Affairs and the Director of the Bureau of Indian Affairs and staff in these matters. The incumbent will also work closely with the Department of Justice in litigation involving these matters.

Desired Class Level:

JD Alum, Alum 0-3 yrs exp, Alum 4-6 yrs exp, Bar Passage

Posting Date:

August 25, 2010

Expiration Date:

September 24, 2010

Contact:

Shirzone Holmes

1849 C St., NW Washington, District of Columbia 20240

Resume Receipt:

Other (see below)

How to Apply:

Apply online at www.usajobs.gov

Additional Documents:

Cover Letter, Writing Sample

ID:

19199

 

12th National Indian Nations Conference: Justice for Victims of Crime

12^th National Indian Nations Conference: Justice for Victims of Crime

“Walking in Harmony: Honoring Victim Voices to Achieve Safety, Justice and Healing”

December 9-11, 2010

Agua Caliente Reservation – Palm Springs, California

This national conference will provide opportunities for tribal, federal, and state participants to share knowledge, experiences, and ideas for developing and improving strategies and programs that serve the unique needs of crime victims in Indian Country. For more information, please see www.ovcinc.org.

Questions: Tribal Law and Policy Institute, 8235 Santa Monica Blvd., Suite 211, West Hollywood, CA 90046, Phone: 323.650.5467, Email: conference@tlpi.org

Scholarship Application Deadline is September 30, 2010.

-CMD

Administration announces increased money for grants to tribes for public safety matters

So says DOJ Associate Attorney General Tom Perrelli:  

"I’m pleased to announce that the Department of Justice is awarding nearly $127 million to support the public safety initiatives of federally recognized Indian tribes.   These funds are being made available through a new grant-making process called the Coordinated Tribal Assistance Solicitation, or CTAS."

 

You can read the full text of his speech with the announcement HERE.   

(Would it be cynical to observe how this is announcement is just after the primaries and in plenty of time to have impact on the mid-term elections?)

 

twp 

New York state appellate court declines to block cigarette tax

A New York state appellate court declined to block the state’s law which forces wholesalers to apply the state’s $4.35 per-pack sales tax sold to tribal retailers on Tuesday. Both Seneca and Cayuga are protected from the law by a temporary injunction until September 28th when a hearing on the permanent injunction will be held.

Get the full story here.

-CMD 

EPA Settlement means Navajo & Hopi Nations to see investigation into uranium contamination at two sites

According to a recent Environmental Protection Agency new release, two enforcement actions were entered into “which will contribute towards cleaning up uranium contamination at the Navajo Nation and Hopi Reservation.”

Rio Algom Mining is to spend approximately $1 million to build fences around the Quivira Mine site outside Gallup, New Mexico. Most of us here, near the mine, hope more will be done than just buidling fences ...

Also, about $1.5 will go towards a site study and cleanup plan for the uranium contaminated Tuba City landfill located near Tuba City, Arizona.

Get the news release here and story in Arizona Republic here.

-CMD

It's been coming for years...Colorado River Indian Tribes evict white squatters

The federal courts have ruled repeatedly that certain resorts built along the Colorado River are tribal land.  Leaseholders of the land have disagreed, but they've lost in court, every time.

Some of them have declared that they own the land and that the Colorado River Indian Tribes (CRIT) do not.  The courts have universally disagreed.

So you can read the full story HERE about this latest eviction.  

 

twp

California State Sheriffs Association takes issue with a provision contained in the Tribal Law and Order Act

When signing the Tribal Law & Order Act (HR 725) into law, President Obama mentioned a provision which allows tribal police access to law enforcement databases.

This has caused a stir in California because California law requires the person accessing their database, California Law Enforcement Telecommunications System, to be certified as California police officers. Apparently, the California State Sheriffs Association argues that they do not meet these requirements and, unless something is done in California legislatively, the "non-certified" officers’ cannot have access to the database. 

Read the full store here.

-CMD

Job Opening: Two Staff Attorney Positions with the Navajo Nation Courts

The Kayenta District Court located in Kayenta, Navajo Nation (AZ), and the Aneth District Court located in Montezuma Creek,Navajo Nation (UT) are hiring staff attorneys. Staff attorneys conduct research and advise the local judges, assist in revising the Navajo Nation Code (currently revising the children’s code), and sit on various committees. The last day to apply is September 24, 2010 and the posting can be accessed here.

-CMD

Something we got from some colleagues a bit further south we'd like to pass along....

Professors Drouin and Pleasant,

 

My name is Ryan Seelau and I am a lawyer (with an LLM and SJD in indigenous peoples law and policy from the University of Arizona).  I am currently working with my wife, Laura, who is also a lawyer in Chile--we are working with indigenous rights down here.  I am writing to let you know that Laura and I have begun writing a news blog that is mostly dedicated to indigenous news from Chile.  The site is in English and update.  The website is a part of our non-profit organization called "The Project for Indigenous Self-Determination" whose website is located here: http://www.projectisd.org.  It includes more info about our work and what we're trying to do in Chile.

Ryan Seelau 

We wish our colleagues the best in this clearly-needed effort.  

 

twp

NY State v. Tribes tobacco battles continue....

Just in today - "The Oneida Indian Nation has gone to federal court asking a judge to declare illegal New York state's latest efforts to collect sales taxes on cigarettes sold by Indian-owned stores to non-Indians."

 

See the full story HERE in the Utica (NY) Observer-Dispatch.  

Seneca Nation and the Cayuga Nation Obtain Temporary Freeze

A two week reprieve from New York’s tobacco tax was granted by Judge Richard Arcara for the Seneca Nation and the Cayuga Nation until the hearing on the permanent injunction can be held. However, starting today, wholesalers that provide tobacco to all other tribal retailers must pre-pay the $4.35-per-pack tax which is then essentially passed onto the tribes. Several tribes have vowed to drop big tobacco brands and sell Indian brands as a result.

Get the full stories here and here.

-CMD