FEMA Supports Stafford Amendment

Today, the Federal Emergency Management Agency (FEMA) announced their support for a legislative amendment to the Stafford Act to allow federally recognized tribal governments to choose whether to request emergency assistance directly from FEMA or to receive assistance under a declaration of a state (as they currently are required to do).  Read more about the proposed change in the FEMA press release or see the related FEMA memo.

Dept. of Interior Enacts Policy of Tribal Consultation

On December 1, Secretary of the Interior Ken Salazar and Assistant Secretary-Indian Affairs Larry Echo Hawk announced a Tribal Consultation Policy for the Department of the Interior.  The new policy provides guidelines for consulting with all tribes that might be affected by any change in departmental matters such as regulations, rulemaking, policy, guidance, legislative proposal, grant funding formula change, or operational activity that will directly affect those tribes.  See pictures of the signing ceremony  here. The policy is available here.

NILL added new content to 7 Indian Law Bulletins on 12/01

* U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/currentsct.html
Petition was filed in San Carlos Apache Tribe v. United States (water rights) and denied in Lomas v. Hedgpeth (ineffective assistance of counsel) and Evans v. Wapato Heritage (trust funds).

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Thorpe v. Borough of Jim Thorpe (Native American Graves and Repatriation Act (NAGPRA))
City of Duluth v. Fond Du Lac Band of Lake Superior Chippewa (Indian Gaming Regulatory Act (IGRA))

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
State ex rel. M.J. (Indian Child Welfare Act, termination of parental rights)
State v. Smith (jurisdiction, police "hot pursuit")

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
In the "Health & Welfare" and "Environment & Energy" sections we feature articles related to an attempt by the Obama administration to facilitate and expedite renewable energy projects and housing development in Indian country.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/currentleg.html
Six new bills were added.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htmWe feature an article relating to a recent Navajo water rights settlement.

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
We feature proposed rules by the Obama administration to improve the approval process for renewable energy and housing projects in Indian country.