Native American Trust Asset Reform Act Becomes Law: New Tribal Options, Questions Unanswered
On June 10 2016, Congress passed the Native American Trust Asset Reform Act and on June 22, 2016, President Obama signed it into law.[1. 25 U.S.C. § 5601.] According to the Senate Committee on Indian Affairs, the purpose of the Act “is…
The Silver Lining: Efficiencies in BIA’s Newly Effective Right-of-Way Regulations
As we have previously reported, the Bureau of Indian Affair’s (BIA) recently revised the regulations governing grants of right-of-way (ROW) on Indian lands compiled at 25 C.F.R. Part 169 (Final Rule).[1. The BIA’s website has additional information on the Final Rule and…
Equally Divided United States Supreme Court Affirms Tribal Jurisdiction over Tort Claims Against Nonmembers
On June 23, 2016 the Supreme Court issued its much anticipated decision in Dollar General Corporation v. Mississippi Band of Choctaw Indians[1. Dollar Gen. Corp. v. Mississippi Band of Choctaw Indians, 579 U.S. ___ , 135 S. Ct. 2159 (June 23, 2016) (per…
Native American Law Watch – Summer 2016
View as PDF Articles: Equally Divided United States Supreme Court Affirms Tribal Jurisdiction over Tort Claims Against Nonmembers On June 23, 2016, an equally divided panel of the Supreme Court affirmed tribal jurisdiction over tort claims against non-members in Dollar General Corporation…
Reservation Diminishment: Implications for Tribal Taxing Powers over Non-Members
Introduction: Writing another chapter in its long-running book regarding whether boundaries of Indian Reservations across the country have been diminished or reduced by Congressional action, on March 22, 2016, the United States Supreme Court issued its opinion in[1. Nebraska v. Parker.[1.Nebraska v….
Professor Kevin Washburn: Reflections on Service as Assistant Secretary-Indian Affairs, the State of Indian Law in 2016, and Returning Home to New Mexico
Kevin Washburn recently returned to his position as a professor at the University of New Mexico School of Law after serving more than three years as the Department of the Interior’s Assistant Secretary-Indian Affairs. A member of the Chickasaw Nation and a…
Four Changes to BIA’s Right-Of-Way Regulations That Grantees and Applicants Should Know
On November 3, 2015, Kevin Washburn, Assistant Secretary-Indian Affairs signed a final rule revising the Bureau of Indian Affair’s (BIA) regulations[1. Available here.] governing grants of right-of-way (ROW) on Indian lands compiled at 25 C.F.R. Part 169 (Final Rule). The Final Rule was published in…
Wind Energy: Challenged Under Federal Regulations, but More Native American Nations Appear to Be Embracing Its Development
Wind farms offer a source of low-carbon energy and are being developed around the world as governments and private entities seek new sources of energy to power our world. Development of wind farms is not a simple task, though, and developers are…
State Taxation Precluded by Extensive and Exclusive Federal Regulation of Indian Leasing
On August 26, 2015, in Seminole Tribe of Florida v. Stranburg,[1. 799 F.3d 1324 (11th Cir. 2015).] the Eleventh Circuit affirmed in part and reversed in part the United States District Court for the Southern District of Florida’s decision,[2. 49 F. Supp. 3d….
Bondholders and Trustee Avoid Tribal Court Jurisdiction on Defaulted Bonds
On November 24, 2015, the Seventh Circuit Court of Appeals held that bondholders and their counsel were not required to exhaust tribal court remedies in a case involving a bond transaction in which the parties expressly consented in the transaction documents to…