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WASHINGTON – Today, the Department of the Interior (DOI) forged a new partnership with the U.S. Department of Agriculture (USDA) by signing the National Programmatic Agreement among the U.S. Department of Agriculture Rural Development Programs, National Conference of State Historic Preservation Officers and the Advisory Council on Historic Preservation for Sequencing Section 106 (USDA-RD NPA).

“Having the Bureau of Indian Affairs as part of the USDA’s National Programmatic Agreement will greatly enhance the tribes’ ability to finance their Section 106 compliance for the USDA’s Rural Development infrastructure investments that cross their lands,” said Assistant Secretary of Indian Affairs Tara Sweeney. “The NPA supports and encourages the consideration of impacts to historic property and cultural resources early in project planning, protects the tribal consultation process, and benefits tribal applicants eligible for USDA Rural Development programs.”

“Under the leadership of President Trump and Agriculture Secretary Perdue, USDA is committed to being a strong partner to rural communities in building stronger and more prosperous futures because we know that when rural America thrives, all of America thrives,” said Deputy Under Secretary for USDA Rural Development Bette Brand. “This agreement will create a more seamless experience for rural leaders seeking to access USDA programs essential for rural infrastructure build-out.”

The USDA-RD NPA is used by USDA Rural Development to comply with Section 106 of the National Historic Preservation Act (NHPA) when investing in water, power, waste treatment and telecommunications projects on federally managed lands, including federal Indian reservations. Tribal communities greatly benefit from such development, and DOI is proud to partner with USDA Rural Development on helping them meet their Section 106 compliance requirements. In addition to Section 106 requirements, all USDA Rural Development applicants must undergo an environmental review process before construction can begin.

The NPA also follows President Trump’s Executive Order 13821 “Streamlining and Expediting Requests to Locate Broadband Facilities in Rural America” dated January 8, 2018. Adhering to the NPA also furthers Secretary of the Interior David Bernhardt’s priorities of informing land-use planning processes especially for public use and access; reducing administrative and regulatory burdens; supporting tribal self-determination, self-governance and sovereignty; and fostering partnerships to achieve a balanced stewardship and use of the nation’s public lands.

The NPA provides a way for USDA Rural Development to invest in infrastructure development projects in rural communities by allowing USDA Rural Development to obligate funds for a federal undertaking prior to completing the Section 106 process for projects on federally owned and controlled lands. An undertaking is a project, activity, or program funded, permitted, licensed or approved by a federal agency that can take one to five or more years to complete.

With the NPA, rural applicants, including tribes, who have difficulty obtaining resources to undertake and complete the Section 106 review process, including the analysis of project alternatives, can be confident that USDA Rural Development low-interest loans and grants will be available to assist them with Section 106 compliance, creating more project certainty for proponents.

Section 106 requires federal agencies to take into account the effects of their undertakings on historic properties and cultural resources and to provide the Advisory Council on Historic Preservation (ACHP) with a reasonable opportunity to comment. Federal agencies are also required to consult using Section 106’s four-step process with State Historic Preservation Offices (SHPOs), Tribal Historic Preservation Offices (THPOs), Indian Tribes (including Alaska Natives), and Native Hawaiian Organizations (NHOs).

The USDA-RD NPA applies only to USDA Rural Development compliance with Section 106 and does not fulfill compliance with other federal historic preservation laws such as the Archeological Resources Protection Act and the Native American Graves Protection and Repatriation Act.

In April 2017, President Donald J. Trump established the Interagency Task Force on Agriculture and Rural Prosperity to identify legislative, regulatory and policy changes that could promote agriculture and prosperity in rural communities. In January 2018, Agriculture Secretary Sonny Perdue presented the Task Force’s findings to President Trump. These findings included 31 recommendations to align the federal government with state, local and tribal governments to take advantage of opportunities that exist in rural America. Increasing investments in rural infrastructure is a key recommendation of the task force. To view the report in its entirety, please view the Report to the President of the United States from the Task Force on Agriculture and Rural Prosperity (PDF, 5.4 MB).

The Assistant Secretary – Indian Affairs advises the Secretary of the Interior on Indian Affairs policy issues, communicates policy to and oversees the programs of the BIA and the BIE, provides leadership in consultations with tribes, and serves as the DOI official for intra- and inter-departmental coordination and liaison within the Executive Branch on Indian matters.

USDA Rural Development provides loans and grants to help expand economic opportunities and create jobs in rural areas. This assistance supports infrastructure improvements; business development; housing; community facilities such as schools, public safety and health care; and high-speed internet access in rural areas. For more information, visit www.rd.usda.gov. To subscribe to USDA Rural Development updates, visit USDA’s GovDelivery subscriber page.

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WASHINGTON – Assistant Secretary – Indian Affairs Tara Mac Lean Sweeney announced today that the Office of Indian Energy and Economic Development (IEED) is soliciting applications for its Native American Business Development Institute (NABDI) grant program, which has a total of $900,000 to fund feasibility studies for tribal economic development projects in Opportunity Zones.

This program seeks to fund some 20 to 25 grants, ranging in value from approximately $25,000 to $75,000, to enable federally recognized American Indian and Alaska Native tribes and entities to undertake feasibility studies of proposed economic development projects, businesses and technologies located in designated Opportunity Zones. These grants are also intended to fund applicants to obtain qualified guidance on how the development projects, businesses or technologies they propose can attract investments from an Opportunity Fund.

“Historically, NABDI studies have placed tribal economic development opportunities at the doorstep of investors, lenders and other government granting agencies,” said Assistant Secretary Sweeney. “This year, these grants will leverage the possibilities and advantages of investments in Opportunity Zones. We look forward to all the dynamic and creative submissions.”

Opportunity Zones were added to the tax code by the Tax Cuts and Jobs Act on December 22, 2017 (26 U.S.C., 1400Z-1 and 1400Z-2). An Opportunity Zone is an economically distressed community where new investments, under certain conditions, may be eligible for preferential tax treatment. Opportunity Funds are set up either as a partnership or corporation for investing in eligible property or businesses located in an Opportunity Zone (26 U.S.C. 1400Z-2(d)). A map and list of Opportunity Zones are at https://www.cdfifund.gov/Pages/Opportunity-Zones.aspx.

IEED’s solicitation for NABDI funding and details on how to apply can be found in the Federal Register and at Grants.gov.

NABDI is a competitive, discretionary program. To qualify for funding, applicants must submit a proposal and a supporting tribal resolution to IEED no later than September 28, 2020, using the standard Application for Federal Assistance SF-424 and the Project Narrative Attachment Form, both of which can be found at https://www.grants.gov/.

Proposals will be evaluated on their potential to create jobs and stimulate economic activity within a Native community, the applicant’s willingness to consider implementing recommendations resulting from the feasibility study, and the applicant’s focus on obtaining qualified guidance on how to attract investment from an Opportunity Fund.

IEED is administering this program through its Division of Economic Development (DED).

Questions about NABDI may be addressed to: Mr. James R. West, Native American Business Development Institute (NABDI) Manager, Office of Indian Energy and Economic Development, Room 6049-B, 12220 Sunrise Valley Drive, Reston, Virginia 20191; telephone: (202) 595-4766; e-mail: jamesr.west@bia.gov.

Please visit the Indian Affairs website for more information about IEED’s programs and Services at https://www.indianaffairs.gov/as-ia/ieed.

The Assistant Secretary – Indian Affairs advises the Secretary of the Interior on Indian Affairs policy issues, communicates policy to and oversees the programs of the BIA and the BIE, provides leadership in consultations with tribes, and serves as the DOI official for intra- and inter-departmental coordination and liaison within the Executive Branch on Indian matters.

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WASHINGTON – Assistant Secretary – Indian Affairs Tara Mac Lean Sweeney announced today that the Office of Indian Energy and Economic Development (IEED) is soliciting applications for the Tribal Energy Development Capacity (TEDC) grant program.

TEDC will fund approximately 15 grants, ranging in value from approximately $10,000 to $1,000,000 to federally recognized American Indian tribes, Alaska Native villages and entities, and tribal energy resource development organizations to fund feasibility studies for the managerial, technical, and institutional capacity to develop energy resources and account for the resulting energy production and revenues.

In past years, TEDC grants have enabled tribes to enact energy regulations, conduct feasibility studies to form tribal utility authorities, and develop other kinds of legal infrastructure needed to regulate and manage energy resources.

“Tribes with lands that are abundant in hydrocarbon and renewable energy resources have assets that can help them achieve their economic self-sufficiency and self-determination goals,” Sweeney said. “Through IEED’s Tribal Energy Development Capacity grants program, we are working to aid tribal governments in realizing the benefits of their energy resources now and into the future. I encourage any tribe wishing to build its managerial, technical and institutional capacity for developing its energy resources to apply for a TEDC grant this year.”

IEED’s solicitation for TEDC funding and details on how to apply can be found in the Federal Register and at Grants.Gov.

TEDC is a competitive, discretionary program. To qualify for funding, applicants must submit a proposal and a supporting tribal resolution to IEED no later than August 24, 2020, using the standard Application for Federal Assistance SF-424 and the Project Narrative Attachment Form, both of which can be found at www.grants.gov.

Applications will be evaluated principally on a proposal’s clarity and completeness, its expected contribution to the applicant’s capacity to regulate and manage energy resources, and the extent to which the anticipated outcome of the proposal meets the applicant’s stated goals.

IEED is administering this program through its Division of Energy and Mineral Development (DEMD).

Questions about TEDC may be addressed to: Mr. Payton Batliner, Economic Development Specialist, DEMD, 13922 Denver West Pkwy, Suite 200, Lakewood, Colorado 80401; telephone: (720) 999-1414; e-mail: payton.batliner@bia.gov.

Please visit the Indian Affairs website for more information about IEED’s programs and services: https://www.bia.gov/as-ia/ieed.

The Assistant Secretary – Indian Affairs advises the Secretary of the Interior on Indian Affairs policy issues, communicates policy to and oversees the programs of the BIA and the BIE, provides leadership in consultations with tribes, and serves as the DOI official for intra- and inter-departmental coordination and liaison within the Executive Branch on Indian matters.

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WASHINGTON – Assistant Secretary – Indian Affairs Tara Sweeney today announced that she has approved the probate code of the Agua Caliente Band of Cahuilla Indians in California. The Department of the Interior’s Office of Hearings and Appeals (OHA) will now apply the code when probating trust or restricted lands within the Agua Caliente Indian Reservation.

Codes such as Agua Caliente’s allow tribes to determine how trust or restricted assets within their reservations pass to heirs upon an individual’s death.

“I commend the Agua Caliente Band for taking steps to address its unique needs,” Sweeney said. “Tribal probate codes enhance tribal sovereignty through greater input by tribes on the preservation of trust assets and the reduction of land fractionation within their reservations.”

Application of tribally adopted probate codes under the American Indian Probate Reform Act (AIPRA) is changing the landscape of Indian estate planning and probate, and helps to shorten the otherwise lengthy process of probating Indian trust assets. Prior to the adoption of AIPRA, federal Indian probate law was governed by the laws of intestate succession of the state within which a tribe resides.

Tribal probate codes now empower federally recognized tribes to restore tribal homelands while addressing the historical problems of land fractionation. Land allotment in the 19th and early 20th centuries resulted in hundreds, and sometimes thousands, of individual owners thereby making it difficult to lease or develop the parcels. As a result, these highly fractionated allotments have lain dormant, unable to be used by tribes for economic or other beneficial purposes.

The Agua Caliente Band of Cahuilla Indians is only the fourth federally recognized tribe to gain approval of its own probate code.

The Assistant Secretary – Indian Affairs advises the Secretary of the Interior on Indian Affairs policy issues, communicates policy to and oversees the programs of the BIA and the BIE, provides leadership in consultations with tribes, and serves as the DOI official for intra- and inter-departmental coordination and liaison within the Executive Branch on Indian matters.

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WASHINGTON – Assistant Secretary – Indian Affairs Tara Sweeney announced an extension of the National Tribal Broadband Grant program (NTBG) grant application deadline. The NTBG is open to federally recognized American Indian and Alaska Native (AI/AN) tribes and is published in Grants.Gov from the Office of Indian Energy and Economic Development (IEED).

Funding will be for feasibility studies for the deployment or expansion of high-speed internet (broadband) transmitted, variously, through digital subscriber line (DSL), cable modem, fiber, wireless, satellite and broadband over power lines (BPL). The closing time and date for the receipt of applications and mandatory attachments is 11:59 p.m. ET on June 15, 2020.

“I look forward to reviewing the incoming proposals for the first ever National Tribal Broadband Grant program,” said Assistant Secretary Tara Sweeney. “The Trump Administration has prioritized broadband deployment and this funding will support the development and expansion of broadband connectivity in tribal communities across our great country. Given the wide-ranging uses of broadband in telemedicine, job training, education, starting and expanding businesses, public safety, and other applications, I urge tribal leaders to consider this exciting opportunity and submit proposals.”

The purpose of NTBGs is to improve the quality of life, spur economic development and commercial activity, create opportunities for self-employment, enhance educational resources and remote learning opportunities, and meet emergency and law enforcement needs by increasing broadband services to Native American communities that lack adequate connectivity.

“Broadband access on tribal lands lags far behind the rest of America and this deficit has far reaching effects, particularly as Arizona’s Native American communities are grappling with the health and economic devastation of the coronavirus pandemic,” said Senator Martha McSally (R-AZ). “Without high speed internet, tribal members are missing out on the great advancements in e-commerce, job opportunities, education, and healthcare that are increasingly becoming essential components of modern life. This extension is critical to allowing Arizona’s tribes to succeed in the advancing digital universe and I encourage our state’s tribal leaders to apply for this opportunity.”

Grants may be used to fund an assessment of the current broadband services, if any, that are available to an applicant’s community; an engineering assessment of new or expanded broadband services; an estimate of the cost of building or expanding a broadband network; a determination of the transmission medium(s) that will be employed; identification of potential funding and/or financing for the network; and consideration of financial and practical risks associated with developing a broadband network.

Questions regarding this solicitation may be addressed to James R. West, NTBG Manager, Office of Indian Energy and Economic Development, by email at jamesr.west@bia.gov or by phone at 202-595-4766.

Applicants must submit the NTBG grant SF-424 form and the Project Narrative Attachment form in a single email to IEEDBroadbandGrants@bia.gov, Attention: Ms. Jo Ann Metcalfe, Certified Grant Specialist, Bureau of Indian Affairs. Additional information about application guidance, forms and instructions can be found in the proposal solicitation notice.

The Assistant Secretary – Indian Affairs oversees the Office of Indian Energy and Economic Development whose mission is to foster stronger American Indian and Alaska Native communities by helping federally recognized tribes develop their renewable and non-renewable energy and mineral resources; increasing access to capital for tribal and individual AI/AN-owned businesses; assisting tribes in building the legal infrastructure necessary for their economic progress; and enabling tribal and individual AI/AN-owned businesses to take advantage of government and private sector procurement opportunities.

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WASHINGTON – The CARES Act Coronavirus Relief Fund for Tribal Governments provides payments to state, local, and tribal governments navigating the impact of the COVID-19 outbreak. Payments to tribal governments are to be determined by the Secretary of the Treasury in consultation with the Secretary of the Interior and American Indian and Alaska Native tribes.

“Assistant Secretary – Indian Affairs Tara Sweeney is committed to supporting all American Indians and Alaska Natives, and to suggest she has personal motives or that she is attempting to divert funds away from American Indians is completely false. Her approach has always been focused on inclusiveness, transparency and partnerships. It is unfortunate that during a time all should be united, there are those who are seeking to divide the American Indian and Alaska Native community and are suggesting to ignore the mandate of Congress and exclude eligible entities as defined by law.

Since day one of the Trump Administration and throughout the COVID-19 pandemic, Indian Affairs continues to work tirelessly with the Tribes to assist their communities, provide critical resources to combat this virus and ensure all of their voices are heard. One example of Assistant Secretary Sweeney's commitment to inclusiveness and building partnerships is a call she held with Great Plains Tribal Chairmen’s Association Inc. leaders on Monday, April 13th, as a courtesy, to help the leaders from that region understand the CARES Act process, listen to their concerns and address any of their questions.” – DOI Spokesperson

The Department of the Treasury is the lead federal agency, and they are required to consult with the Department of the Interior and Tribes. Treasury must follow the law and provisions that were prescribed and passed by Congress and mandated to the Administration. The CARES Act, passed by an overwhelming bi-partisan majority, provides $8 billion in financial assistance to tribal governments.

Treasury hosted in-depth Tribal consultations as required by the CARES Act along with the Department of the Interior on April 2nd and 9th with nearly 3,000 participants representing Indian Country and Alaska Native villages. Treasury and Indian Affairs accepted written comments through April 13th, and 439 comments were received from this process.

US. Department of Treasury is requesting data from tribal governments to assist in the funding determination. The web portal and additional information is located on https://home.treasury.gov/policy-issues/cares/state-and-local-governments. Tribes are required to provide all information to receive a distribution. The window of opportunity to submit required information is short due to a compressed congressionally mandated timeframe. All information must be received by Treasury no later than 11:59 PM Eastern, April 17, 2020.

Eligible tribal governments must provide payment information and required supporting documentation using the Eligible Units: Submission Required for Receipt of Coronavirus Relief Fund Payments” Web portal. To ensure payments are made within the 30-day period specified by the CARES Act, governments must submit completed payment materials no later than 11:59 p.m. EDT on April 17, 2020. Eligible tribal governments that do not provide the required certification by that time may not receive any payment from the Fund.

Qualified expenditure guidance and other relevant tribal information will be posted as it becomes available. More information can also be found on www.bia.gov/covid-19/cares-act.

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WASHINGTON - Monday, April 13, 2020, the Department of the Treasury launched the web portal for state, local, and tribal governments to provide their information for the disbursement of the Coronavirus Relief Fund payments. Eligible tribal governments will receive payments to help offset the costs of their response to the coronavirus pandemic. Payments will be paid no later than April 24, 2020, once registered through the web portal entitled Eligible Units: Submission Required for Receipt of Coronavirus Relief Fund Payments.

“As part of the whole-of-government approach to responding to the needs of our tribes and communities, Indian Affairs stands ready to assist navigating this unprecedented process for direct funding,” said Assistant Secretary – Indian Affairs Tara Sweeney. “We must get the funds to Tribes as they respond to and mitigate the health, social, and economic impacts of the coronavirus pandemic.”

The web portal and additional information is located on https://home.treasury.gov/policy-issues/cares/state-and-local-governments. Tribes are required to provide all information to receive a distribution. The window of opportunity to submit required information is short due to a compressed congressionally mandated timeframe. All information must be received by Treasury no later than 11:59 PM Eastern, April 17, 2020.

Qualified expenditure guidance and other relevant tribal information will be posted as it becomes available. More information can also be found on www.bia.gov/covid-19/cares-act.

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WASHINGTON – The Coronavirus Aid, Relief, and Economic Security Act, or CARES Act, signed into law by President Trump on Friday, provides critical relief for Indian Country to address the COVID-19 pandemic, including over $500 million in direct appropriations to Indian Affairs and an unprecedented $8 billion for Tribes.

The $8 billion will be allocated to Tribal governments with eligible expenses through the Department of the Treasury, in consultation with the Department of the Interior and Tribal governments. These consultations will help ensure that the funds will be allocated effectively to Tribes most in need of critical aid.

“The CARES Act provides a critical infusion of supplemental funding for Tribal Communities, as we rapidly respond to the COVID-19 pandemic,” said Assistant Secretary for Indian Affairs Tara Sweeney. “Coupled with the nearly a half billion dollars in direct appropriations to Indian Affairs, the historic $8 billion tribal set-aside will provide urgent financial assistance. I want to thank President Trump as well as U.S. Senators Murkowski, Sullivan, Daines, McSally and Congressman Tom Cole for their collective efforts to include American Indians and Alaskan Natives in this historic bill.”

“Arizona’s tribal communities rely heavily on the industries hardest hit by the fallout created by the COVID-19 outbreak, including tourism and hospitality,” said Senator Martha McSally (R-AZ). “Our tribes are already feeling significant strain. This legislation provides immediate cash relief and strong assistance to tribal communities impacted by this so workers and families can pay their bills. I will continue to work with the Administration to ensure this relief is administered quickly, efficiently and in a manner that works best for tribal communities.”

“As the Coronavirus pandemic impacts millions of Americans across the country, we cannot ignore one of our most vulnerable populations, Native Americans,” said Senator Steve Daines (R-MT). “I thank President Trump for signing the Coronavirus economic recovery package into law which includes my request of strong funding for our tribal communities. I look forward to getting Indian country the resources they need during this global pandemic.”

The CARES Act provides $453 million for essential services to help prepare for and respond to the pandemic, ensure continuation of government operations, and aid individual Native Americans. The legislation provides funding needed to support assistance to individuals facing loss of income, ensure law enforcement and detention center employees have necessary personal protective equipment, and implement required deep cleaning of facilities or quarantines as needed. The CARES Act also provides specific set-asides for health, housing and nutrition assistance programs that will be critical to supporting Indian Country during this time.

The legislation also provides $69 million for education-related needs, including salaries, equipment, online curriculum development and other costs. To supplement the funds directly appropriated to Bureau of Indian Education (BIE), the CARES Act also provides support through the Education Stabilization Fund. In consultation with the Secretary of the Interior, the legislation directs the Secretary of Education to allocate $153.75 million to Interior for programs operated or funded by BIE.

The CARE Act’s historic funding will provide urgent financial assistance to Tribal communities, as the Department of the Interior works to combat the COVID-19 pandemic in Indian Country. This landmark set-aside is larger than the Cobell Settlement.

The Assistant Secretary for Indian Affairs advises the Secretary of the Interior on Indian Affairs policy issues, communicates policy to and oversees the programs of the BIA and the BIE, provides leadership in consultations with tribes and serves as the DOI official for intra- and inter- departmental coordination and on Indian matters.

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WASHINGTON – Today, Assistant Secretary for Indian Affairs Tara Sweeney announced that the Bureau of Indian Education (BIE) published its Standards, Assessments and Accountability System (SAAS) Final Rule under the Every Student Succeeds Act (ESSA). The SAAS Rule will provide the BIE with the ability to operate under a single unified assessment system intended to bolster professional development and student performance. This framework and consistency across the 23 states where BIE funded schools are located is critical to improving services and providing the high-quality education that BIE students and Tribes deserve. The Rule also defines “School Year” and “Agency Plan,” and clarifies requirements for comprehensive and targeted school support and improvement activities.

“The SAAS Rule will provide BIE-funded schools with the simplicity, clarity and consistency needed to establish a solid foundation for school improvement that better serves Indian students and Tribes,” said Assistant Secretary Tara Sweeney. “Additionally, the Rule reaffirms the right of Tribes to use Native American languages as a medium of instruction.”

The proposed rule was published in the Federal Register on June 27, 2019, with a 60-day public comment period. BIE held five in-person consultations sessions and one webinar with Tribes, eligible entities, stakeholders and interested parties. The BIE received 834 comments from stakeholders.

“The SAAS Rule gives BIE-funded schools the opportunity to operate under one unified system of standards, assessments and accountability,” said BIE Director Tony L. Dearman. “This will provide educators the ability to share research-based best practice across our organization and provide timely data needed to inform and refine practices that increase academic performance for all students.”

In 2015, the Elementary and Secondary Education Act of 1965 (ESEA or the Act) was amended by ESSA. This amendment required the Secretary of the Interior (Secretary) to use a negotiated rulemaking process to establish a rule governing how to define requirements for assessments and an accountability system at BIE funded schools. BIE established a Standards, Assessments, and Accountability Negotiated Rulemaking (NRM) Committee in July 2018.

The work of the Committee resulted in the development of a recommendation for a rule that would ensure a unified system of requirements for a high-quality education for both BIE-funded schools and the students served by such schools. The Committee also reached consensus on recommendations to ensure the support of Tribal governing bodies or school boards that waive the Secretary’s requirements for standards, assessments, and an accountability system and implement alternative requirements.

The Assistant Secretary for Indian Affairs advises the Secretary of the Interior on Indian Affairs policy issues, communicates policy to and oversees the programs of the BIA and the BIE, provides leadership in consultations with tribes and serves as the DOI official for intra- and inter- departmental coordination and on Indian matters.

The BIE implements federal Indian education programs and funds 183 elementary schools, secondary schools and dormitories (of which over two-thirds are tribally operated) located on 64 reservations in 23 States serving an estimated 46,000 individual students. The BIE also operates two post-secondary schools and administers grants for 29 tribally controlled colleges and universities and two tribal technical colleges.

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WASHINGTON – This week, Department of the Interior Assistant Secretary - Indian Affairs Tara Sweeney issued two separate decisions taking lands into trust for the Cahto Tribe of the Laytonville Rancheria and the Catawba Indian Nation. These historic decisions, and the records supporting them, benefited from recently released guidance establishing a clear, four-step process for analyzing trust acquisitions under the U.S. Supreme Court’s 2009 decision in Carcieri v. United States.

“These decisions empower the Cahto Tribe and the Catawba Nation to pursue economic development opportunities for the benefit of their tribal members and communities. I am proud to support their efforts,” said Assistant Secretary - Indian Affairs Tara Sweeney.

The guidance follows the Solicitor of the Interior’s withdrawal of M-37029 and the issuance of the new guidance for determining eligibility. The guidance conveys to Department employees and tribes what evidence is necessary to determine whether particular tribal applicants satisfy the first definition of “Indian” as set forth in Section 19 of the Indian Reorganization Act of 1934.

“The Solicitor’s Guidance reflects the Department’s experience and expertise gained through processing fee-to-trust applications,” said Deputy Solicitor for Indian Affairs Kyle Scherer. “In addition to making the process more transparent, we anticipate the Solicitor’s Guidance will decrease costs and review times for each application.”

The land taken into trust for the Cahto Tribe is located one mile east of the historic Laytonville Rancheria and within the boundaries of the Tribe’s traditional land base in California. The acquisition will enable the Tribe to better protect sites of cultural and historic significance.

“It has been a long process for the Tribe,” said Cahto Tribe Chairwoman Mary Norris. “We are grateful that we can continue toward tribal self-sufficiency. Restoring our land is a priority for the Cahto Tribe.”

The land taken into trust for the Catawba Nation will be utilized to develop a casino and mixed-use entertainment complex under the Indian Gaming Regulatory Act. The property is in Kings Mountain, North Carolina. The benefits of the proposed facility will enable the Nation to expand its services and economic opportunities for its members, as well as benefiting the surrounding community.

“In my lifetime, the Catawba Nation has gone from full recognition, to termination, to restoration through an Act of Congress,” said Catawba Nation Chief William Harris. “Today, through Secretary David Bernhardt’s leadership, the Department of the Interior has acted to fully protect our sovereign and economic rights. For this, we are deeply grateful. The Nation is very thankful for the Department’s decision to take this land into trust, enabling us to achieve the promise of self-determination trough economic development. The Department has a very rigorous process for reviewing trust land acquisitions. We also appreciate the hard work of the Department’s solicitors and Bureau staff on our application, whose careful review of our history, including our historic land settlement, ensured that this decision is consistent with the Supreme Court’s Carcieri decision.”

The Solicitor’s Guidance went into effect immediately following issuance and will be used to review all fee-to-trust processes moving forward.

The Assistant Secretary – Indian Affairs advises the Secretary of the Interior on Indian Affairs policy issues, communicates policy to and oversees the programs of the BIA and the BIE, provides leadership in consultations with tribes, and serves as the DOI official for intra- and inter-departmental coordination and liaison within the Executive Branch on Indian matters.

The Bureau of Indian Affairs’ mission includes developing and protecting Indian trust lands and natural and energy resources; supporting social welfare, public safety and justice in tribal communities; and promoting tribal self-determination and self-governance.

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