February 3, John Dossett, General Counsel National Congress of American Indians

Transcription

1 February 3, 2014 John Dossett, General Counsel National Congress of American Indians

2 Recovery Act Tribal Provisions Indian Health Care Improvement Act Tribal Law & Order Act HEARTH Act leasing under tribal regulations Violence Against Women Act Stafford Act emergency response New Leasing Regulations & Permanent Improvements Land into Trust 325 square miles Cobell Settlement 1.4 billion Buy Back Program billion in land consolidation Tribal Trust Settlements over 1.7 billion Water Settlements 9 tribes 2 billion Keepseagle Settlement Consultation Improvements General Welfare Guidance Guidance on Trust Per Capita Act Patchak Patch fixes appeals of land to trust Tribal General Welfare Exclusion Act

3 Tribal leaders working individually and collectively to educate Members of Congress Bi- Partisan Support Native Vote Proactive Policy Direction in Administration and Leadership in Congress Messaging Research and Data Work, work, work to communicate

4 One- Stop Tribal Support Center Fully Fund Contract Support, Mandatory in 2017 Generation Indigenous Youth Focus 34m at BIE for broadband to all BIE schools 18m for teacher housing 50m for youth behavioral health and substance abuse 53m Native Youth community projects 94m increase at BIE 461m increase at IHS Increase in Tribal Behavioral Health Grants

5 12% increase proposed for BIA Public Safety in Indian Country $364m BIA ($12m increase over 2015) $419m DOJ ($102m increase over 2015) Alternatives to Incarceration: Reduce Repeat Offenders Note: NCAI continuing effort for Associate Director for Native Programs at OMB

6 Indian Trust Asset Management Reform Act Indian Energy legislation Appraisals proposals to streamline Right of Way Regulations in process Lease Compliance and Trespass

7 Title I - Tribal Energy Resource Agreements TERA automatically approved unless BIA disapproves Funding mechanism - - funding from federal savings Tribal Energy Development Organization Title II Section Tribal preference hydroelectric permits Section Tribal Biomass Demonstration Project Section Home weatherization direct funding Section Flexibility for appraisals Section Navajo Nation subsurface leasing under tribal regulation Vehicle?: Energy Efficiency Act with Tribal Provisions

8 Supreme Court decision in 2009 Legislation pending six years Opposition is about gaming Litigation is having negative effects appeals of land decisions from long ago Big Lagoon, Patchak, Poarch Creek Gun Lake Trust Land Reaffirmation Act

9 Codified Tribal General Welfare Doctrine Contains special provision for ceremonial activities Establishes Tribal Advisory Committee and Mandates IRS Training Suspends certain IRS audits until training occurs Treasury is developing Charter, then Nominations

10 Tax Extenders: Indian Employment & Accelerated Depreciation & New Markets Tax Credit Tribal Tax & Investment Reform Act : Tribal government tax exempt bonds Tribal government pension plans Tribal foundations and charities Tribal child support enforcement agencies Tribal access to Clean Renewable Energy Bonds Adoption Tax Credit Tribal Parity Indian Health Professions Tax Fairness Act Low Income Housing Tax Credit Kiddie Tax on Minor s Trust Accounts Marketplace Fairness Act

11 Tribal Law & Order Act of 2010 programs expiring in 2015 Bureau of Prisons Pilot for Violent Prisoners Juvenile Justice AG Report Criminal Trespass Other issues to continue to improve law enforcement?

12 Supreme Court, Shelby County & Preclearance Alaska, Arizona & South Dakota Tribal Polling & Registration Locations Voter ID Laws Language Access Election Monitoring DOJ Consultation on Voting Rights

13 Would treat Indian tribes the same as state, federal or local governments Would exempt from National Labor Relations Act and collective bargaining NCAI is participating in litigation in 6 th Circuit; Saginaw and Little Traverse, and 10 th Circuit Chickasaw

14 Include Tribes in Victims of Crime Act Wildfire Disaster Funding Legislation Native Languages Preservation Act Self- Governance Legislation S. 286 NAHASDA Reauthorization Transportation Reauthorization Magnusson Stevens Fisheries

15 March 7, 2015 On this date any tribe that meets the statutory requirements can begin exercising jurisdiction. DOJ approval is no longer needed. Visit for resources and technical assistance. 15

16 Preventing distribution to minors; Preventing revenue to criminal gangs; Preventing the diversion to other states; Preventing trafficking of other illegal drugs; Preventing violence in distribution; Preventing drugged driving; Preventing cultivation on public lands; Preventing use on federal property.

17 48% of Indian tribes now in legalized states Remains illegal under most tribal laws DOJ Memo directs individualized consultation with local U.S. Attorney NCAI will hold policy discussion on Feb. 23 at Executive Council Winter Session

18 ICWA Regulations Federal Recognition Rights of Way Regulations Buyback Program Tribal Lending and E- commerce Native Hawaiian Recognition Implementation of New Tribal Authorities Last two years of Obama Administration

19 Dollar General Michigan v. EPA mercury & air toxics ICWA Cases Tununak National Labor Relations Board cases California v. Big Lagoon Wind River reservation diminishment U.S. v. Zapeta Indian status Major Crimes U.S. v. Bryant habitual domestic violence Kelsey v. Pope 6 th Cir., jurisdiction outside of Indian country

20 February in Washington, DC Federal Budget DOJ Marijuana Policy Tribal Transportation Unity Caucus Tax: Next Steps and Advisory Committee VAWA Implementation Indian Child Welfare Act new BIA regulations? THANK YOU FOR YOUR LEADERSHIP