Modrall Sperling Law Firm

BIA Seeks Comments on Proposed Rule Making Major Changes to the Department of the Interior’s Regulations Governing Rights-of-Way across Tribal and Individually Owned Indian Lands.

On June 17, 2014, the Department of the Interior (“DOI”) issued proposed regulations which would “comprehensively update and streamline the process for obtaining BIA grants of rights-of-way on Indian land,” compiled at 25 C.F.R. Part 169. 79 Fed. Reg. 34455, 34455.  The…

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Tribal Employment Preference Laws

I. Introduction The topic of this paper is tribal employment laws. It is a broad topic. There are over 500 federally recognized tribal nations. According to research, several, possibly most, have employment laws. In addition, several coalitions or agencies provide advice to…

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Indigenous Peoples’ Rights to Sacred Sites and Traditional Cultural Properties and the Role of Consultation and Free, Prior and Informed Consent

Download PDF Sacred sites and traditional cultural properties are crucial to the preservation of indigenous peoples’ culture and society, and are increasingly recognized by international and state law and non-governmental entities. This article explores the various legal and non-legal documents addressing sacred…

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Comments Sought on Proposed Indian Oil Valuation Amendments

Notice: Office of Natural Resources Revenue Releases Proposed Indian Oil Valuation Amendments On June 19, 2014, the Department of the Interior (DOI) through the Office of Natural Resources Revenue (ONRR) announced a proposed rulemaking for oil royalty calculations on Indian Tribal and…

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Turning Guano into Gold

From guano of seabirds, national treasure springs.  The treasure is the Pacific Remote Islands Marine National Monument in the south-central Pacific Ocean, and it contains some of the most pristine tropical marine environments in the world.  It is way out there and…

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Colorado District Court Requires Coal Mine EIS to Estimate the “Social Cost of Carbon”

In an order issued on Friday, June 27, 2014, the Honorable R. Brooke Jackson of the United States District Court for the District of Colorado overturned “three interconnected” decisions by the U.S. Forest Service (“USFS”) and the Bureau of Land Management (“BLM”)…

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Employment Law
Native American Law
Natural Resources and Energy Law
Water Law