Indigenous Land Buy-Back Implementation Schedule About 243,000 landowners hold nearly three million fractional interests across Indian Country. The Buy-Back Program has identified 105 locations where land consolidation activities – such as planning, outreach, mapping, mineral evaluations, appraisals or acquisitions – have either already occurred or are expected to take place through the middle of 2021. The following schedule reflects the vast majority of the total landowners and fractionated land across Program-eligible locations, representing more than 96 percent of all landowners; and more than 98 percent of both purchasable fractional interests and equivalent acres: Because effective planning and coordination take many months, it is critical to begin the process to educate landowners, identify tribal priorities, and build cooperative working relationships. The Buy-Back Program continues to re-allocate unused land purchase funds to scheduled locations.
New Pipeline Construction Issues: U.S. Fish and Wildlife Service Considers Allowing Incidental Takes Under the Migratory Bird Treaty Act | Pipeline Law Construction of new pipeline (especially gas) or other energy infrastructure often encounters issues arising from the Migratory Bird Treaty Act (MBTA or Act). The U.S. Fish and Wildlife Service (FWS or the Service) recently announced its intent to evaluate the potential environmental impacts of a proposal to authorize incidental takes of birds under the MBTA. Such evaluation is required under the National Environmental Policy Act (NEPA) for any proposed agency action with the potential to significantly affect the environment. Issuance of general incidental take authorizations for certain hazards to birds associated with particular industry sectors;Issuance of individual permits authorizing incidental takes in the context of particular projects or activities; andDevelopment of memoranda of understanding with federal agencies, authorizing incidental takes from those agencies’ operations and activities. FWS, Notice of Intent, 80 Fed.
For Native 'water protectors,' Standing Rock protest has become fight for religious freedom, human rights Lauren Howland (Jicarilla Apache), 21, stands before police in resistance to the Dakota Access Pipeline. Howland is one of thousands who have protested along with the Standing Rock Sioux Tribe to support their fight to protect the Missouri River from pipeline construction. Photo by Jenni Monet for The PBS NewsHour. The tops of teepees could be seen in the distance, east of where a standoff between police and protesters was intensifying. “This is your last chance,” boomed a voice from the intercom of a nearby armored truck. Dozens of protesters looked on, some chanting a slogan that has branded the anti-pipeline campaign: “Mni Wiconi, Water is Life”. “For us, it’s the freedom of religion. For months, demonstrators — who prefer to be called water protectors — have occupied land along the path of the Dakota Access Pipeline, staging prayer ceremonies. The pipeline, which crosses four states, would transport up to 570,000 barrels of fracked crude oil daily, 92 feet below the Missouri River.
Guidance for the Disclosure of Organizational Conflict Of Interest in the Selection and Use of Third-Party Contractors in Preparation of Environmental Documents by the Department Of State This Guidance, issued February 26, 2015, replaces the Department’s Interim Guidance for the Disclosure of Organizational Conflict of Interest in the Use of Third-Party Contractors in Preparation of Environmental Documents by the Department of State. I. Organizational Conflict of Interest All prospective contractors submitting proposals (Offerors) must submit as part of their proposals an Offeror’s Organizational Conflicts of Interest Disclosure Certification (OCI Disclosure Certification), in which the Offeror specifies, consistent with NEPA regulations, that “they have no financial or other interest in the outcome of the project.” More information on the preparation of that Certification follows in Section II. An Organizational Conflict of Interest (OCI) exists when the nature of the work to be performed may, without some restriction on future activities: a) result in an unfair competitive advantage to a contractor; or c) would be called on to review its own prior work; and/or II. III.
Wilkinson, Cragun, and Barker Indian Claims Commission records | Manuscript Collection Descriptions | HBLL Dates: 1950-1980 This collection contains legal documents from the law firm Wilkinson, Cragun, and Barker, concerning cases filed through the Indian Claims Commission. Extent: 289 boxes (144.5 linear ft.) Creator: United States. Indian Claims Commission. -- Wilkinson, Cragun & Barker Call Number: MSS 2291 Repository: L. Languages and Scripts Conditions of Use It is the responsibility of the researcher to obtain any necessary copyright clearances. Preferred Citation Initial citation: MSS 2291; Wilkinson, Cragun, and Barker Indian Claims Commission records; 20th Century Western & Mormon Manuscripts; L. Custodial History These files were in the custody of the law firm of Wilkonson, Cragun, and Barker, until the law firm broke up around 1982. Acquisition Information The law firm formerly known as Wilkinson, Cragun, and Barker, donated this collection to Brigham Young University in 1984 and 1986. Other Finding Aids File-level inventory available online.
Indian laws, regulations, guidelines, and policies related to oil and gas surface operations Mineral Resources on Tribal Lands Indian tribes are collectively estimated to hold three percent of the known oil and gas reserves in the United States. In 2000, the Department of the Interior administered 3,772 mineral leases, licenses, permits and applications on more than two million acres of Indian lands. Federal and Tribal Authorities on Indian Trust Lands The complex history between the federal government and American Indian tribes has created an equally complex division of authority between federal and tribal governments regarding oil and gas development on tribal lands. Lands that have been impacted by the General Allotment Act of 1887 require closer examination to determine who holds the mineral title to those lands. To determine ownership of the mineral estate (subsurface estate) on allotted lands, it is important to look at the specific allotment act that impacted the tribe in question. Mineral Leasing Early Mineral Leasing The Indian Mineral Leasing Act of 1938 Indian Authority
Indian Claims Insight - LibGuides at ProQuest "The Indian Claims Commission was created on August 13, 1946 (25 U.S.C. §70,et seq). Its purpose is to serve as a tribunal for the hearing and determination of claims against the United States arising prior to August 13, 1946 by any Indian tribe, band or other identifiable group of Indians living in the United States. In this it exercises jurisdiction formerly resting with the United States Court of Claims under the previous system of passing special jurisdictional acts by Congress for individual tribes. Under 28 U.S.C.A. ^1505 the Court of Claims has jurisdiction over claims arising after August 13,1946. "Under the terms of the original Indian Claims Commission Act there were three Commissioners and a period of ten years in which to complete the work. "In creating the Indian Claims Commission, Congress broadened the jurisdictional grounds upon which Indian tribes might sue the United States. From Index to the Expert Testimony Before the Indian Claims Commission p.v
Standing Rock Sioux offer pipeline protesters a place to overwinter | Montana News BISMARCK, N.D. — The Standing Rock Sioux's tribal council has voted to make tribal land available for those protesting the Dakota Access oil pipeline, though an organizer from another tribe says many of the several hundred gathered will remain on federal land without a permit. The council voted 8-5 Tuesday to use the reservation land — which is about two miles south of the large Oceti Sakowin, or Seven Council Fires, camp on U.S. Army Corps of Engineers property — so permanent structures can be built to protect protesters from North Dakota's often brutal winter weather. "The cold is coming, and the snow is coming," tribal chairman Dave Archambault II said Wednesday. But the offer is too late, said Cody Hall, a protest organizer who is part of the Cheyenne River Sioux tribe in South Dakota. "Some people might move, but I don't think the majority of them will," Hall said of the camp's population, which averages 500 to 700 people, though it sometimes swells to well over a thousand at times.
Map of Judicially Established Indian Lands Indian Land Areas Judicially Established 1978 Map Index Full Size Map (PDF) Downloadable and printable at most copy centers. The Indian Claim's Commission The Indian Claim's Commission was established by Congress in 1946 to settle land claim disputes between Indians and the U.S. Government. The “Indian Land Areas Judicially Established 1978” map was prepared by the United States Geological Survey at a scale of 1:4,000,000, Albers projection from information provided by the Indian Claims Commission. The map was reissued by the United States Geological Survey in 1993.
How to support Standing Rock and confront what it means to live on stolen land #NoDAPL protesters at a rally in Philadelphia last month. (Twitter / Chris Baker Evans) A month after President Obama told the Army Corps of Engineers to pause construction on the Dakota Access oil pipeline, the Standing Rock Sioux and those supporting them still find themselves in a dire struggle to protect their water and land. With winter approaching, the 300 tribes that are now represented at the Camp of the Sacred Stone in North Dakota are preparing for a lengthy battle. In their effort to protect water, life, ancestors and future generations, indigenous peoples are also demanding that corporations, the U.S. government, and settlers respect the treaties and indigenous self-determination. This is widening an existing dialogue and expanding ties of solidarity to include more of us who are of white European descent occupying indigenous land. 1. 2. 3. 4. 5. 6. The Christian and Catholic Churches are incredibly well resourced not only in cash but also in land. 7. 8.
ILI Report - Western Shoshone Docket 326-K A Report On Behalf of the Western Shoshone National Council Prepared by Steven Newcomb Director, Indigenous Law Institute (Eugene, Oregon) and Indigenous Law Research Coordinator, D-Q University at Sycuan The Sycuan Band of the Kumeyaay Nation (El Cajon, California) January 2003 Summary Information has recently come to light that raises a fundamental question with regard to the Indian Claims Commission Western Shoshone Docket 326-K. Section 21 of the Indian Claims Commission Act (ICCA) required the Indian Claims Commission to promptly file a report with Congress when it completed a given case. Thus, the statutory basis for a Western Shoshone monetary distribution of Docket 326-K now stands challenged by the failure of the Indian Claims Commission to fulfill its obligations in the Western Shoshone case, as required by the very statute that brought the Commission into existence. Failure of the Indian Claims Commission to File a Report with Congress Sec. 21. Sec. 22. In U.S. v. Conclusion 1. 2.
How To Talk About #NoDAPL: A Native Perspective | Transformative Spaces The fact that we are more likely to be killed by law enforcement than any other group speaks to the fact that Native erasure is ubiquitous, both culturally and literally, but pushed from public view. Our struggles intersect with numerous others, but are perpetrated with different motives and intentions. Anti-Black violence, for example, is publicly performed for the sake of social and economic control, whereas the violence against us has always had one pragmatic aim: our total erasure. The struggle at Standing Rock is an effort to prevent the construction of a deadly, destructive mechanism, created by greed-driven people with no regard for our lives. It has always been this way. We die, and have died, for the sake of expansion and white wealth, and for the maintenance of both. The harms committed against us have long been relegated to the history books. It should be clear to everyone that we are not simply here in those rare moments when others bear witness. Thanks, K and friends