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Native American Law Blog

Welcome to the Holland & Knight Native American Law Blog, that provides insights and analysis on issues facing Native American governments and organizations, including Indian tribes, tribal entities, Alaska Native Corporations and nonprofits. Our Native American Law Group offers comprehensive legal and public policy services in Indian Country, from the exercise of tribal sovereignty and governance to the development and operation of hotels, clinics, retail centers, renewable and non-renewable energy, casinos, infrastructure and utilities. 

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Section 106(a) of the U.S. Bankruptcy Code provides for abrogation of the sovereign immunity of "governmental units" for purposes of certain bankruptcy-related litigation. Trial and appellate courts, however, are not in accord regarding whether Native American tribes are included in the definition of "governmental unit."
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Holland & Knight team members attend the National Center for American Indian Enterprise Development's National Reservation Economic Summit (RES) in Las Vegas on March 13-16, 2017.
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March 2, 2017
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As efforts continue on Capitol Hill to repeal and replace the Patient Protection and Affordable Care Act (ACA), Congressman Ruiz and other Democratic Members of Congress are hosting a tribal policy roundtable to hear directly from tribal leaders on the impact that the ACA has had on Indian Country.
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February 9, 2017
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Indian Country is on high alert as it watches President Trump begin to move into the Executive Branch.
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January 23, 2017
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The California Indian Law Association has announced that it is partnering with the California Bar Foundation to provide a 3L Diversity Scholarship to a graduating Native American law student preparing to take the July 2017 California Bar Exam.
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January 17, 2017
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Attorney John Haney will present a session titled "The Importance of Comprehensive Employment Policies and Agreements" for the Seventh Annual Native American Human Resources Conference in Anaheim, CA.
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January 12, 2017
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The United States Supreme Court recently heard oral arguments in Lewis v. Clarke, the first Indian Law Case of 2017, which holds that an employee of the Mohegan Tribe was protected by the Tribe’s sovereign immunity when sued in his individual capacity for alleged negligence related to an automobile accident involving non-Indians outside of the Tribe’s Reservation.
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January 10, 2017
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The U.S. House of Representatives, Office of the Law Revision Counsel reorganized portions of Title 25 “Indians” of the United States Code by reclassifying and renumbering certain sections, including the provisions of the Indian Reorganization Act.
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December 29, 2016
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President-Elect Donald Trump has nominated Rep. Ryan Zinke (R-Mont.) for Secretary of the U.S. Department of Interior (DOI). During his time in Congress, Zinke has addressed various DOI issues regarding tribal law enforcement needs, Indian water settlements and other matters of importance to Indian Country.
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Congressman Markwayne Mullin, chairman of President-Elect Trump’s Native American Coalition, along with other Coalition members, will host a tribal listening session on December 14, 2016 in Washington, D.C.
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On December 15, the U.S. Department of Treasury and the Internal Revenue Service will hold a listening session to discuss the income tax treatment of leases pursuant the Helping Expedite and Advance Responsible Tribal Home Ownership Act of 2012 (HEARTH Act).
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With Republicans in control of the U.S. Senate, the U.S. House of Representatives and the White House starting in 2017, the federal government is now better positioned to move forward on comprehensive tax reform. It is expected that upcoming tax reform efforts will build on the principles set forth in the House Republicans' "A Better Way" proposal, as well as the tax proposals advanced by President-Elect Donald Trump during the course of his campaign.
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While it always is important to defend tribal sovereignty and protect the gains tribes have achieved, it also is important for tribal advocates to take advantage of opportunities for advancing tribal government parity that the new Trump Administration will present. There are several key legislative opportunities made possible by the new Administration's promises and priorities that are worth discussion.
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The U.S. Department of Energy's Office of Indian Energy Policy and Programs issued a funding opportunity announcement to deploy funds for clean energy and energy efficiency projects in Indian Country. Eligible applicants include tribal governments, Alaska Native Regional Corporations and Village Corporations, tribal energy resource development organizations and tribal consortiums to maximize the development and deployment of clean energy and energy efficiency solutions.
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November 17, 2016
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The Bureau of Land Management issued its final rule for solar and wind energy development on public lands, which creates competitive leasing processes and incentives to encourage development.
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November 14, 2016
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The U.S. Department of Energy's Office of Indian Energy has announced its Notice of Intent for funding opportunities ranging from $50,000 to $1 million to maximize the development and deployment of clean energy and energy efficiency solutions in Indian Country.
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October 18, 2016
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Forming a tribal public utility allows a community to independently manage its own energy resources, procure a cleaner energy supply, operate more efficiently than its current electric service provider, generate steady revenues over the long term, and serve the needs of its community. This blog provides an overview of five things tribes should consider when forming a tribal electric utility.
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October 11, 2016
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The Environmental Protection Agency has issued a final rule that establishes a process for tribes to be treated as a state for the purpose of administering the water quality restoration provisions of Clean Water Act (CWA) Section 303(d) and seeks public input on whether it should establish federal baseline Water Quality Standards (WQS) for Indian reservation waters that have yet to establish WQS under Section 303(c) CWA.
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September 30, 2016
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The Department of the Army, the Department of the Interior and the Department of Justice have formalized seven meetings for government-to-government consultation on improving the process of approving infrastructure projects with Native American tribe input.
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September 26, 2016
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