“The federal government’s trust relationship with federally recognized Indian tribes is a product of the last two centuries of Federal Indian Law and federal-tribal relations. For approximately the last 50 years, the federal government has sought to promote tribal self-determination as a means to carry out its trust responsibilities to Indian tribes; but the shadows …
“This comment proposes a two-pronged approach for preserving the self-governance benefits of Indian preference. First, the preference laws should base qualification methods on sovereign tribal affiliation rather than blood quantum. Second, the Department of the Interior (DOI), through a rulemaking, or Congress, through amending legislation, should clarify the requirements for determining which governmental positions are …
2011- PRESERVING INDIAN PREFERENCE FOR NATIVE AMERICAN SELF-GOVERNANCE Read More »
“Between 1998 and 2011, the skies over Indian country existed in a regulatory gap. This gap was not merely inadvertent but was a foreseeable consequence of congressional intent to delegate regulatory authority under the Clean Air Act (CAA) to Indian tribes. In 1998, the U.S. Environmental Protection Agency (EPA) published the Tribal Authority Rule, which …
