Studies and Journal Articles

I CAN SEE CLEARLY NOW: THE EPA’S AUTHORITY TO REGULATE INDIAN COUNTRY UNDER THE CLEAN AIR ACT

“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 …

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GAO Report: Indian Programs: Interior Should Address Factors Hindering Tribal Administration of Federal Programs

Highlights: GAO found that various factors can affect tribes’ use of self-determination contracts and self-governance compacts under the Indian Self-Determination and Education Assistance Act of 1975 (ISDEAA), as amended, and tribal leasing under the Helping Expedite and Advance Responsible Tribal Home Ownership Act of 2012 (HEARTH Act). A key factor that helps tribes use these …

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DOI IG Report: Indian Affairs Offices’ Poor Recordkeeping and Coordination Threaten Impact of Tiwahe Initiative

Summary: The DOI Inspector General evaluated the policies and practices of the Office of Indian Services and the Office of Self Governance, two organizations within the Office of the Assistant Secretary of Indian Affairs (AS-IA) that manage aspects of distributing appropriated funds to American Indian and Alaska Native tribes. The evaluation focused on whether funds …

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GAO Report: INDIAN HEALTH SERVICE Considerations Related to Providing Advance Appropriation Authority

Highlights: The Indian Health Service (IHS), like most federal agencies, must use appropriations in the year for which they are enacted. However, there has been interest in providing IHS with advance appropriation authority, which would give the agency authority to spend a specific amount 1 or more fiscal years after the fiscal year for which …

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