OPA

WASHINGTON, D.C. – In keeping with President Obama’s commitment to empowering tribal nations and strengthening their economies, Assistant Secretary – Indian Affairs Kevin K. Washburn today announced his approval of three separate land leasing codes for the Ho-Chunk Nation of Wisconsin. Today’s action brings to 18 the number of federally recognized tribes whose land leasing regulations have been approved by the Department of the Interior in accordance with the Helping Expedite and Advance Responsible Tribal Homeownership (or HEARTH) Act.

“I congratulate the Ho-Chunk Nation on joining the growing number of tribal governments with approved land leasing authority under the HEARTH Act,” Washburn said. “The Act provides tribal nations with the means to achieve greater control over their economic futures. With each step forward, Indian Country demonstrates its ability to guide the economic progress of its people now and into the future.”

The 7,400-plus member Ho-Chunk Nation, which is headquartered in the city of Black River Falls, submitted its proposed codes for agricultural, business site and residential leasing to the Bureau of Indian Affairs (BIA) last year.

“There’s no single greater accomplishment of any tribal government than standing on its own without having to ask the federal government for permission,” said Ho-Chunk President Jon Greendeer. “That’s sovereignty, that’s what we work for. We have drastically increased our ability to exercise our sovereignty over our own lands.”

The HEARTH Act restores the authority of federally recognized tribes to develop and implement their own laws governing the long-term leasing of Indian lands for residential, business, renewable energy, and other purposes. Upon one-time approval of their regulations by the Department, tribes then have the authority to process land leases without BIA approval, thereby greatly expediting leasing approval for homes and small businesses in Indian Country.

Tribes whose leasing regulations have been approved under the HEARTH Act to-date are:

• Federated Indians of Graton Rancheria, Calif. (Business)
• Pueblo of Sandia, N.M. (Business)
• Pokagon Band of Potawatomi Indians, Mich. (Residential)
• Ak-Chin Indian Community, Ariz. (Business)
• Santa Rosa Band of Cahuilla Indians, Calif. (Business)
• Citizen Potawatomi Nation, Okla. (Business)
• Ewiiaapaayp Band of Kumeyaay Indians, Calif. (Business)
• Kaw Nation, Okla. (Business)
• Jamestown S’Klallam Tribe, Washington State (Business)
• Dry Creek Rancheria Band of Pomo Indians, Calif. (Business)
• Wichita and Affiliated Tribes, Okla. (Business)
• Mohegan Tribe of Indians of Connecticut (Business)
• Navajo Nation General Leasing Regulations, Ariz., N.M. and Utah
• Agua Caliente Band of Cahuilla Indians, Calif. (Business)
• Seminole Tribe of Florida (Individual Business and Residential Ordinances)
• Cowlitz Indian Tribe, Washington State (Business)
• Oneida Indian Nation, N.Y. (Business)
• Ho-Chunk Nation of Wisconsin (Business, Residential and Agricultural Codes)

The Helping Expedite and Advance Responsible Tribal Homeownership, or HEARTH, Act, which Congress passed with overwhelming bipartisan support, was signed by President Obama on July 30, 2012. For more information on the HEARTH Act, visit the Indian Affairs website at http://www.indianaffairs.gov/WhoWeAre/BIA/OTS/HEARTH/index.htm.

The Assistant Secretary – Indian Affairs oversees the BIA, which is headed by a director who is responsible for managing day-to-day operations through four offices – Indian Services, Justice Services, Trust Services, and Field Operations. These offices directly administer or fund tribally based infrastructure, law enforcement, social services, tribal governance, natural and energy resources, and trust land and resources management programs for the nation’s federally recognized American Indian and Alaska Native tribes through 12 regional offices and 81 agencies

Washington, DC – At the invitation of the Alaska Federation of Natives, Secretary of the Interior Sally Jewell will attend the organization’s leadership meeting in Alaska next week.

This will be Secretary Jewell’s second visit to the state in her official capacity. Jewell has visited Alaska more than a dozen times in previous roles, including as an oil and gas engineer, commercial banker and outdoor recreation business leader.

Jewell will address the Alaska Federation of Natives Leadership Summit in Kotzebue on Tuesday, February 17, 2015. Following the summit, Jewell will hold a media availability in Anchorage to discuss her visit.

In addition to the AFN summit, Jewell will join local leaders to tour the town of Kotzebue and the village of Kivalina to discuss the impacts of climate change on the coastal communities. The island on which Kivalina lies is threatened by rising sea levels and coastal erosion, which has been exacerbated by stronger fall storms and reduced sea ice. It is predicted that the island will be inundated by 2025.

Jewell is also expected to meet with Governor Walker and Alaska elected officials.

WHO: U.S. Secretary of the Interior Sally Jewell

WHAT: Media Availability to Discuss Alaska Trip

WHEN: Tuesday, February 17, 2015 at 3:45 pm AKST

WHERE: U.S. Department of the Interior OS Conference Room 1689 C Street Anchorage, AK 99501

RSVP: Credentialed members of the media should RSVP HERE no later than Tuesday, February 17 at 11:00 am AKST

Washington, D.C. — As part of the Obama Administration’s effort to prepare communities nationwide for the impacts of a changing climate, U.S. Secretary of the Interior Sally Jewell today announced that the Interior Department will make available $8 million to fund projects that promote tribal climate change adaptation and ocean and coastal management planning through its Tribal Climate Resilience Program.

“Sea level rise, coastal erosion, drought and more frequent and severe weather events are impacting Alaska Native villages and American Indian tribal communities across the nation,” said Secretary Jewell. “As governments at all levels work on these challenges, we are committed to partnering with American Indians and Alaska Natives to build more resilient and sustainable communities and economies. This funding can help tribes prepare and plan for climate-related events and build capacity to address these evolving challenges.”

“No one is impacted by climate change more than Native communities in Alaska, but we have also seen serious problems developing for tribal communities across the West and on both coasts. We must act to help protect these communities,” said Assistant Secretary – Indian Affairs Kevin Washburn. “The cultural and economic needs of tribes are tied to the land and protecting that land is a critical component of advancing tribal sovereignty and self-determination.”

Of the $8 million, $4 million will be available for Climate Adaptation Planning and another $4 million for Ocean/Coastal Management Planning. Funding will support tribal climate adaptation planning, training, and participation in technical workshops and forums. In addition, funding will support coastal tribes in addressing the challenges of coastal erosion and development, rising sea levels, ocean acidification, and emergency management.

The $8 million in tribal climate resilience funds will build on the nearly $2.3 million previously awarded last December to more than 40 federally recognized tribes and tribally chartered organizations to support tribal climate preparedness and resilience activities. The awards included more than $100,000 to benefit 22 Alaska Native villages, tribes and cooperative associations. The full list of awardees is available here.

As part of Executive Order 13653 of November 1, 2013, all federal departments and agencies are expanding efforts to help tribes, states, cities and localities prepare for the impacts of climate change. To comply with this Executive Order, the Secretary of the Interior’s Tribal Climate Resilience Program responds to the Recommendations and Supplemental Recommendations of the President’s State, Local, and Tribal Leaders Task Force on Climate Preparedness and Resilience and helps to implement President Obama’s Climate Action Plan. A key part of the Climate Action Plan is to build more resilient communities, and strengthen defenses for community’s already on the front lines of a changing climate.

Furthermore, the President’s proposed budget for FY 2016 includes $137 million to prepare communities and ecosystems for the challenges of a changing climate. Included in this request is $50 million to support competitive resilience projects in coastal areas. The budget also proposes to expand the Bureau of Indian Affairs’ Tribal Climate Resilience Program to specifically address the changing Arctic landscape and offer support to Alaska Native Villages and other critically vulnerable communities in evaluating options for the long-term resilience of their communities. Additional funding is requested in the U.S. Geological Survey (USGS) to increase understanding of the Changing Arctic and the linkages between climate, glaciers and impacts to the people who live there.

A Request for Proposal (RFP) will be available in the coming days and requests for the application can be sent to climate.funding@bia.gov or to the attention of Helen Riggs, Deputy Bureau Director, Office of Trust Services, Bureau of Indian Affairs, 1849 C St., N.W., MS-4620- MIB, Washington, D.C. 20240.

The Assistant Secretary – Indian Affairs oversees the BIA, which is headed by a director who is responsible for managing day-to-day operations through four offices – Indian Services, Justice Services, Trust Services and Field Operations. These offices directly administer or fund tribally based infrastructure, law enforcement, social services, tribal governance, natural and energy resources, and trust lands and resources management programs for the nation’s federally recognized American Indian and Alaska Native tribes and villages through 12 regional offices and 81 agencies.

Dear Tribal Leader:

The Department of the Interior (DOl) will be hosting tribal consultations and welcomes the opportunity to consult with you regarding DOl's implementation of the updated Principles, Requirements and Guidelines for Water and Land Related Resources Implementation Studies (PR&Gs). The PR&Gs provide a common framework for evaluating Federal water resource investments, updating the Economic and Environmental Principles and Guidelines for Water and Related Land Resources that have been in place since 1983. DOl representatives, including the Bureau of lndian Affairs, the Bureau of Reclamation, the Bureau of Land Management, the U.S. Fish and Wildlife Service, and the National Park Service, will participate and discuss the implications of these guidelines for tribes.

Issues of Potential Interest to Tribes The following programs may potentially be included under the PR&Gs: Water Resources Management, Planning, and Pre-Development; Hatchery Maintenance and Operations; activities related to Agriculture and Invasive Species; Safety of Dams projects; and irrigation project construction. Indian water rights settlement-related activities would likely be exempted because they are litigation related. Government to Government Consultation should include but not be limited to the following:

• Tribal and cultural resources related to the PR&Gs
• Tribal interests in the context of a watershed approach to planning
• Incorporating tribal interests into the PR&Gs

Additional Resources for Information

For more information and a copy of the PR&Gs, please visit: www.whitehouse.gov/administration/eop/ceq/initiatives/PandG For more information on DOl's consultation agenda, a copy of DOl's DRAFT Agency Specific Procedures for Implementing the PR&Gs, and a list of frequently asked questions about the PR&Gs, please visit: http:/ /www.doi.gov/ppa/principles-and-guidelines.cfm

The Department retains the commitment to engage in ongoing and meaningful Tribal consultation. We look forward to your input. Written comments may be submitted to Maika Pattison at malika.pattison@ios.doi.gov until May 1, 2015. Should you have any questions regarding the process, please email Ms. Pattison.

Sincerely,

WASHINGTON, D.C. – In keeping with President Obama’s commitment to supporting Indian families and building resilient, thriving tribal communities, Assistant Secretary – Indian Affairs Kevin K. Washburn today announced action the Bureau of Indian Affairs (BIA) has taken to help prevent the further dissolution of American Indian and Alaska Native families through the misapplication of the Indian Child Welfare Act (ICWA) of 1978 (Public Law 95-608).

“For too many years, some of Indian Country’s youngest and most vulnerable members have been removed from their families, their cultures, and their identities,” said Assistant Secretary Washburn. “Congress worked hard to address this problem by enacting the Indian Child Welfare Act. Yet, today too many people are unaware of this important law and, unfortunately, there are some that work actively to undermine it. Our updated guidelines for state courts will give families and tribal leaders comfort that the Obama Administration is working hard to provide better clarity so that the courts can carry out Congress’ intent to protect tribal families, preserve tribal communities, and promote tribal continuity now and into the future.”

In his address to the National Congress of American Indians at its winter session in Washington, DC, the Assistant Secretary announced that the BIA will publish this week its revised BIA Guidelines for State Courts and Agencies in Indian Child Custody Proceedings to support the full implementation and purpose of ICWA – the first such update since it was issued over 35 years ago.

Congress enacted ICWA after hearings which found that an alarmingly high percentage of Indian families had been broken up when public and private agencies subjected Indian children to unwarranted removal, most of whom were eventually placed in non-Indian homes.

ICWA set forth a federal preference for keeping American Indian and Alaska Native children with their families, including extended families, and deferring to tribal judgment on matters concerning the custody of tribal children. In initially carrying out Congress’ intent, the BIA published on Nov. 26, 1979, Guidelines for State Courts; Indian Child Custody Proceedings to inform state courts and agencies of ICWA’s requirements in Indian child custody proceedings. Until today, those guidelines had not been updated.

The guidelines will provide long-overdue guidance to state courts as they work daily to ensure full implementation of the law. BIA’s updated guidelines build upon the good work of states like New Mexico and Wisconsin that are actively working to implement ICWA as Congress envisioned. In Wisconsin, the state codified ICWA into state law to facilitate implementation. New Mexico is working with tribes to review its implementation of, and compliance with, ICWA. As part of this effort, the New Mexico Tribal-State Judicial Consortium developed an ICWA Judicial Bench Card that provides reference materials for tribal and state judges as they handle ICWA cases. The BIA guidelines issued this week will serve as another resource for state and tribal courts and agencies.

Several long-term studies have been conducted of Native American adult adoptees. Despite socioeconomic advantages that many of them received by virtue of their adoption, long term studies reflect that these adoptees experienced increased rates of depression, low self-esteem, and suicide. In addition, many adult adoptees continue to struggle with their identities and have reported feelings of loneliness and isolation. Today, the number of Native American children in foster care alone is still alarmingly high, and they are still more than twice as likely to be placed in foster care overall.

The United States Department of Justice is taking action in states like South Dakota to ensure that Native children and families receive the full protection of ICWA. These guidelines will assist those efforts to ensure that states fully implement the federal law enacted to protect tribal communities. In enacting ICWA, Congress recognized that this was not a tragedy only for American Indian and Alaska Native families and children, but also for tribes who have lost generations of future members and leaders. In enacting ICWA, Congress sought to carry out the United States’ trust responsibility for protecting Indian children and the stability and security of American Indian and Alaska Native tribes and families. Protecting Indian children reflects the highest ideals of the trust responsibility to Indian tribes and the guidelines issued today are a part of this Administration’s broader approach to ensuring compliance with ICWA.

In 2014, the Department of the Interior invited comments to determine whether to update its guidelines and what changes should be made. The Department engaged in a process that included three listening sessions with tribes and two listening sessions with judicial organizations across the country to hear comments on how the guidelines should be updated. The Department received comments from those at the listening sessions and also received written comments, including comments from individuals and organizations interested in Indian child welfare. An overwhelming proportion of the commenters requested that Interior update its ICWA guidelines and many had suggestions for revisions that have been included. The Department reviewed and considered each comment in developing these revised guidelines.

In his remarks, Assistant Secretary Washburn noted instances in which the ICWA law and BIA guidelines were not followed, preventing the goals of ICWA from being realized. These circumstances continue to alarm tribal leaders, Indian families, and Indian child welfare advocates.

The updated guidelines will help ensure tribal children are not removed from their communities, cultures and extended families. The guidelines clarify the procedures for determining whether a child is an Indian child, identifying the child’s tribe, and notifying its parent and tribe as early as possible before determining placement. The updated guidelines also now provide comprehensive guidance on the application of active efforts to prevent the breakup of the Indian family. They also provide clarification that ICWA’s provisions carry the presumption that ICWA’s placement preferences are in the best interests of Indian children.

The Assistant Secretary – Indian Affairs oversees the BIA, which is headed by a director who is responsible for managing day-to-day operations through four offices – Indian Services, Justice Services, Trust Services, and Field Operations. These offices directly administer or fund tribally based infrastructure, economic development, law enforcement and justice, social services (including child welfare), tribal governance, and trust land and natural and energy resources management programs for the nation’s federally recognized American Indian and Alaska Native tribes through 12 regional offices and 81 agencies.

The Office of Indian Services Division of Human Services administers the BIA’s ICWA regulations at 25 CFR Part 23 and the Guidelines for State Courts. For more information, visit http://www.indianaffairs.gov/WhoWeAre/BIA/OIS/HumanServices/IndianChildWelfareAct/index.htm.

WASHINGTON, D.C. – Secretary of the Interior Sally Jewell today released the first of two reports developed by the Rangeland Fire Task Force. This initial report includes actions to be implemented by Interior’s bureaus to immediately address the threat of rangeland fire to Western sagebrush-steppe landscapes and improve fire management efforts before the start of the 2015 wildfire season.

“Cheatgrass and other invasive species have contributed to making rangeland fire one of the greatest threats in the Great Basin – not only to sagebrush habitat, but to wildlife, ranching, and other economic activities that depend on a healthy landscape,” Secretary Jewell said. “As we head into the 2015 fire season, the actions recommended in this report will help ensure that our preparedness, response and recovery strategies better align with the threats facing the West.”

Secretarial Order 3336, signed by Secretary Jewell on January 5, 2015, called for the development of a comprehensive, science-based strategy to reduce the size, severity and cost of rangeland fires; address the spread of cheatgrass and other invasive species; and position wildland fire management resources for more effective rangeland fire response. The Order called for the creation of an implementation plan, initial report, and final report. The Implementation Plan, completed on January 31, 2015, established a roadmap to accomplish the objectives of the Order. This initial report released today outlines actions and activities that the Department, in collaboration with partners and interested stakeholders, can take prior to the onset of the 2015 Western wildfire season. The goal is to protect, restore and conserve vital sagebrush landscapes and productive rangelands, particularly in the Great Basin region of Idaho, Utah, Nevada, Oregon and California.

Many of the recommendations in the initial report draw on the comments received and the ideas generated by the November 2014 conference, “The Next Steppe: Sage-grouse and Rangeland Fire in the Great Basin.” The increasing frequency and intensity of rangeland fire in Great Basin sagebrush ecosystems significantly damaged the landscapes relied on by many tribal and local communities, ranchers, livestock managers, sportsmen, and outdoor enthusiasts. The unnatural fire cycle puts at risk the landscapes that, for generations, Westerners have depended on to sustain their ways of life.

In 2010, the U.S. Fish and Wildlife Service (FWS) found that these developments present a significant threat to the greater sage-grouse in the Great Basin portion of its remaining range. Once occupying more than 290 million acres of sagebrush in the West, the greater sage-grouse, known for its flamboyant mating ritual at sites called leks, has lost more than half of its habitat since then. Settlers reported millions of birds once took to the skies; current estimates place population numbers between 200,000 and 500,000 birds in 11 states and two Canadian provinces. The FWS is now considering whether protections under the Endangered Species Act are warranted.

The recommended actions in the Initial Report involve targeted, strategic investments of Departmental resources to immediately enhance the management of rangeland fire in specific portions of the Great Basin, consistent with the Federal Government’s trust responsibility to American Indian tribes, in partnership with states, private land owners and land users, and in cooperation with other statutory requirements and obligations. The recommendations include the following:

• Designing and implementing comprehensive, integrated fire response plans that prioritize protection of the landscapes most at-risk to detrimental impacts of rangeland fire and invasive species. This will include increased training and use of veterans crews, rural and volunteer fire departments, and Rangeland Fire Protection Associations to increase their capacity to address rangeland fires.
• Prioritization and allocation of resources to reflect that this is a critical natural resource and fire management priority for Department agencies and bureaus by emphasizing the need to protect, conserve, and restore the health of sagebrush-steppe ecosystem.
• Accelerating efforts to restore rangelands damaged by wildfire with genetically appropriate plant materials and grasses to help improve the health of this ecosystem.
• Developing a comprehensive strategy for acquisition, storage, and distribution of seeds and other plant materials. Restoration and rehabilitation of the greater sage-grouse habitat areas requires a reliable supply of genetically appropriate and locally adapted seed, as well as seeding technology and equipment for successful and expanded effective restoration of the sagebrush-steppe ecosystem.
• Designing and creating tools and maps to make information on areas of concern, landscape conditions and fire more integrated and readily available.

The Task Force will continue its work through collaboration with Federal, Tribal, state, and local governmental partners and stakeholders to identify and recommend longer-term actions to improve the efficiency and efficacy of rangeland fire management, fire prevention, fire suppression and post-fire restoration efforts at a landscape scale. This long-term report is expected to be delivered to the Secretary by May 1, as called for in the Secretarial Order.

As with the development of the initial report, a draft version of the final report will be shared with Tribes and interested partners and stakeholders with the invitation to review and provide comments. In addition, a Tribal consultation session will be held on April 7 in Reno, NV to hear comments and receive feedback on the draft final report prior to its completion. Dates and information regarding these outreach activities will be posted here.

“These efforts will enable us to more efficiently coordinate and use our existing resources so we can benefit from better science and technological innovations, react more quickly, put our resources where they'll do the most good, and have a more effective impact,” said Deputy Secretary Michael Connor, who oversees the Task Force. “This report demonstrates our commitment to working with our partners to reduce the likelihood and severity of rangeland fire, stem the spread of invasive species and restore the health and resilience of sagebrush-steppe ecosystems.”

Interior’s work to reduce the size, severity and cost of rangeland fires is a key part of a larger, unprecedented federal-state partnership to provide strong habitat protection and conservation measures on public and private lands to protect the greater sage-grouse. More information on the ongoing, collaborative work to conserve the sagebrush landscape is available at www.fws.gov/greatersagegrouse.

The Initial Report: A Strategic Plan for Addressing Rangeland Fire Prevention, Management, and Restoration in 2015 is available online here. Additional information on the Secretarial Order is available here.

WASHINGTON – National Park Service Director Jonathan B. Jarvis this week announced $8.78 million of grants to 154 American Indian tribes to support their historic preservation offices in order to carry out national historic preservation program responsibilities on tribal lands.

"Engaging American Indian tribes in our national historic preservation program is essential to our nationwide effort to preserve significant tribal places, as well as tribal culture and tradition,” said Director Jarvis. “For many tribes, languages and traditions are threatened with extinction and sacred places are endangered. This grant program provides much needed funding to protect the cultures of America's first people."

* = No funding issued in this award cycle.

www.nps.gov

About the National Park Service. More than 20,000 National Park Service employees care for America's 407 national parks and work with communities across the nation to help preserve local history and create close-to-home recreational opportunities. Visit us at www.nps.gov, on Facebook www.facebook.com/nationalparkservice, Twitter www.twitter.com/natlparkservice, and YouTube www.youtube.com/nationalparkservice.

The U.S. Fish and Wildlife Service today announced Tribal Wildlife Grants awards to Native American tribes in 14 states to fund a wide range of conservation projects.

“The mindful stewardship of fish, wildlife, plants and their habitats is a value that tribal nations share with the U.S. Fish and Wildlife Service,” said Service Director Dan Ashe. “Tribal Wildlife Grants create opportunities for us to work together in a variety of ways, including species restoration, fish passage, protection of migratory birds, and coping with long-term effects of a changing climate.”

More than $60 million has gone to Native American tribes through the Tribal Wildlife Grants program since 2003, providing support for more than 360 conservation projects administered by participating federally recognized tribes. These grants provide technical and financial assistance for development and implementation of projects that benefit fish and wildlife resources and their habitats, including non-game species.

The grants have enabled tribes to develop increased management capacity, improve and enhance relationships with partners (including state agencies), address cultural and environmental priorities, and heighten tribal students’ interest in fisheries, wildlife and related fields of study. Some grants have been awarded to support recovery efforts for threatened and endangered species.

The grants are provided exclusively to federally recognized Indian tribal governments and are made possible under the Related Agencies Appropriations Act of 2002 through the State and Tribal Wildlife Grants program. Proposals for the 2014 grant cycle are due September 3, 2013.

For additional information about Native American conservation projects and the Tribal Wildlife Grants application process, visit http://www.fws.gov/nativeamerican/grants.html.

The mission of the U.S. Fish and Wildlife Service is working with others to conserve, protect, and enhance fish, wildlife, plants, and their habitats for the continuing benefit of the American people. We are both a leader and trusted partner in fish and wildlife conservation, known for our scientific excellence, stewardship of lands and natural resources, dedicated professionals, and commitment to public service. For more information on our work and the people who make it happen, visit www.fws.gov. Connect with our Facebook page at www.facebook.com/usfws, follow our tweets at www.twitter.com/usfwshq, watch our YouTube Channel at http://www.youtube.com/usfws and download photos from our Flickr page at http://www.flickr.com/photos/usfwshq.

WASHINGTON, D.C. – In keeping with President Obama’s commitment to supporting Indian families and building resilient, stable and thriving tribal communities, Assistant Secretary – Indian Affairs Kevin K. Washburn today announced that the Bureau of Indian Affairs (BIA) has published a proposed rule to govern the implementation of the Indian Child Welfare Act of 1978 (ICWA) by state courts and child welfare agencies. The proposed rule also includes changes to current regulations that govern notice to state agencies under ICWA.

“The Bureau of Indian Affairs’ proposed rule clarifies and strengthens implementation of the Act’s requirements in Indian child custody proceedings to ensure that Indian families and tribal communities do not face the unwarranted removal of their youngest and most vulnerable members,” Washburn said. “I want to thank all those who attended listening sessions and provided comments and recommendations for our updated guidelines. Their contributions helped inform this proposed rule, which seeks to protect Indian children and families. We look forward to receiving more comments and feedback throughout the rulemaking process.”

The Department will be conducting tribal consultations and public meetings on the proposed rule through May 2015 to facilitate input and comment on the proposed rule. Tribal consultations are open only to representatives of federally recognized Indian tribes. Public meetings are open to everyone.

Dates and locations for the public meetings are as follows:

Tribal consultation sessions are for representatives of current federally recognized tribes only, to discuss the rule on a government-to-government basis with the Department. These sessions may be closed to the public. The dates and locations for the consultation sessions are as follows:

[*Please RSVP for the Portland and Albuquerque meetings via consultation@bia.gov. As these are federal buildings, bring photo identification and arrive early to allow for time to get through security. No RSVP is necessary for the other locations.]

The Assistant Secretary’s announcement marks the second major action the BIA has taken this year to promote implementation of ICWA (Public Law 95-608). On Feb. 24, Washburn announced the issuance of revised Guidelines for State Courts and Agencies in Indian Child Custody Proceedings to support the full implementation and purpose of ICWA – the first such update since the guidelines were issued over 35 years ago.

In 2014, the Department conducted five listening sessions with tribes, judicial organizations and child welfare professionals to determine whether the BIA ICWA Guidelines for State Courts should be updated and, if so, what changes should be made. The Department received hundreds of comments from tribes, child welfare professionals and state court judges, which overwhelmingly recommended updates. At the same, tribes and other commenters pointed to the inconsistent adherence to the guidelines, and recommended that the Department promulgate regulations to provide a more consistent interpretation of ICWA and to promote compliance with ICWA.

In addition to commenters’ and tribes’ requests for the Guidelines to be codified in a rule, the Attorney General’s Advisory Committee on American Indian and Alaska Native Children Exposed to Violence recommended in its November 2014 Report that the Department of the Interior issue regulations to better implement ICWA and promote compliance. The Advisory Committee based its recommendation on hours of testimony regarding the inconsistent application of ICWA’s requirements and lack of compliance.

The proposed regulations provide a more consistent interpretation of and promote compliance with the Act by incorporating standard procedures and requirements for state courts and child welfare agencies in Indian child custody proceedings.

Protecting Indian children reflects the highest ideals of the federal government’s trust responsibility to Indian tribes, and the revised guidelines and regulations are part of this Administration’s broader approach to ensuring compliance with ICWA.

The proposed regulations will be published in the Federal Register and can be found at https://www.indianaffairs.gov/bia/ois/dhs/icwa

Comments can be submitted via any of the following methods:

• By e-mail to comments@bia.gov (please include “ICWA” in the subject line of the message),
• By postal service or hand-delivery to Ms. Elizabeth Appel, Office of Regulatory Affairs & Collaborative Action – Indian Affairs, U.S. Department of the Interior, 1849 C Street, N.W., MS-3642-MIB, Washington, D.C. 20240; Phone (202) 273-4680, or
• At www.regulations.gov.

The Assistant Secretary – Indian Affairs oversees the BIA, which is headed by a director who is responsible for managing day-to-day operations through four offices – Indian Services, Justice Services, Trust Services, and Field Operations. These offices directly administer or fund tribally based infrastructure, economic development, law enforcement and justice, social services (including child welfare), tribal governance, and trust land and natural and energy resources management programs for the nation’s federally recognized American Indian and Alaska Native tribes through 12 regional offices and 81 agencies.

The Office of Indian Services Division of Human Services administers the BIA’s ICWA regulations at 25 CFR Part 23 and the Guidelines for State Courts. For more information, visit http://www.indianaffairs.gov/WhoWeAre/BIA/OIS/HumanServices/IndianChildWelfareAct/index.htm.

WASHINGTON – Today, Assistant Secretary-Indian Affairs Kevin K. Washburn issued for public comment a proposed rule designed to demonstrate the Administration’s commitment to restoring tribal homelands and furthering economic development on Indian reservations. The proposed rule will provide for greater notice of land-into-trust decisions and clarify the mechanisms for judicial review depending on whether the land is taken into trust by the Assistant Secretary for Indian Affairs, or by an official of the Bureau of Indian Affairs. During the public comment window, Indian Affairs will also conduct tribal consultation.

For the Bureau of Indian Affairs trust acquisition decisions, which are generally for non-gaming purposes and constitute the vast majority of land-into-trust decisions, the proposed rule will ensure that parties have adequate notice of the action and clarifies the requirement that exhaustion of administrative remedies within the Department is necessary to seek judicial review.

“The principal purpose of this proposed rule is to provide greater certainty to tribes in their ability to develop lands acquired in trust for purposes such as housing, schools and economic development,” said Assistant Secretary Washburn. “For such acquisitions, the proposed rule will create a ‘speak now or forever hold your peace moment’ in the land-into-trust process. If parties do not appeal the decision within the administrative appeal period, tribes will have the peace of mind to begin development without fear that the decision will be later overturned.”

For decisions made by the Assistant Secretary, which generally are for gaming or other complex acquisitions, the proposed rule clarifies that the Assistant Secretary’s decision is a final decision and allows the Assistant Secretary to proceed with taking the land-into-trust with no waiting period. Because a simple change in ownership status itself is not an act that causes irreparable harm in many cases, it will place the burden on litigants to come forth and demonstrate such harm if they wish to prevent the trust acquisition from occurring, while not affecting the right to judicial review of the basic decision.

The proposed rule issued today would also effectively repeal a 1996 procedural provision by omitting a 30-day waiting period which, as a result of a 2012 U.S. Supreme Court decision, now is unnecessary.

In 1996, the Department revised its land-into-trust regulations in Part 151 by establishing a 30- day waiting period following publication of a Departmental determination to take land into trust for an Indian tribe. At that time, prevailing federal court decisions held that the Quiet Title Act (QTA), 28 U.S.C. 2409a, precluded judicial review of such determinations after the United States acquired title to the land in trust. The waiting period was intended to ensure that interested parties had the opportunity to seek judicial review under the Administrative Procedure Act (5 U.S.C. 704) before the Secretary acquired title to land in trust. See 61 FR 18082 (Apr. 24, 1996).

The legal landscape changed, however, on June 18, 2012, when the Supreme Court issued its decision in Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 132 S. Ct. 2199 (2012). In that decision, the Supreme Court held that the Quiet Title Act does not bar Administrative Procedure Act challenges to the Department’s determination to take land in trust even after the United States acquires title to the property, unless the aggrieved party asserts an ownership interest in the land as the basis for the challenge. Following Patchak, the 1996 procedural rule establishing a 30-day waiting period before taking land into trust to allow for Administrative Procedure Act review is no longer needed. Unless judicial review under the Administrative Procedure Act is precluded on some other basis, such as standing, timeliness, or a failure to exhaust administrative remedies, judicial review of the Secretary’s decision is available under the Administrative Procedure Act even after the Secretary has acquired title to the property.

The proposed rule will be available in the federal register at https://www.federalregister.gov/public-inspection. Public comments may be submitted to the Department for sixty days following the proposed rule’s publication in the Federal Register. Tribal Consultation on the proposed rule will occur on June 24, 2013, in Reno, Nevada.

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