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May 2021 Indian Nations Law Update

Wednesday, May 12, 2021
In
Navajo Nation v. U.S. Department of the Interior, 2021 WL 1655885 (9th Cir. 2021), the Navajo Nation sued the Department of the Interior (Interior), the Secretary of the Interior (the Secretary), the Bureau of Reclamation, and the Bureau of Indian Affairs (collectively, the Federal Appellees) for breach of trust based on the government’s failure to consider the Nation’s as-yet-undetermined water rights under the
Winters doctrine in managing the Colorado River. Several parties, including Arizona, Nevada, and various state water, irrigation, and agricultural districts and authorities (Intervenors), intervened to protect their interests in the Colorado’s waters. The district court dismissed for lack of jurisdiction on the ground that the Supreme Court had reserved jurisdiction over allocation of rights to the Colorado River in its 1963 decision in ....

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Ariz. Panel Rules Power Plant On Tribal Land Wrongly Taxed

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Ariz. Panel Rules Power Plant On Tribal Land Wrongly Taxed
Law360 (April 28, 2021, 2:45 PM EDT) The Arizona Tax Court incorrectly said the state can tax a power plant on Native American land because the court did not analyze whether the plant comprises tax-exempt permanent improvements, a state appellate court said, remanding for further analysis.
The state tax court erred in ruling that the state Department of Revenue s tax on assets owned by South Point Energy Center LLC and located on land leased from the Fort Mojave Indian Tribe was not barred by tribal tax immunity, the Arizona Court of Appeals said Tuesday. The company is a non-Native entity. The department incorrectly disregarded federal law providing that. ....

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Sen. Mark Kelly joins AZ tribes in call for Deb Haaland confirmation

Corrections & Clarifications: A previous version of this article incorrectly described Rep. Deb Haaland’s status. In 2018, she was one of the first two Indigenous women elected to Congress in the continental U.S.
As a growing number of tribal and Native community leaders rally around Interior Secretary-designate Deb Haaland, Arizona Sen. Mark Kelly said he would vote to confirm her when the Senate takes up the nomination.
Haaland, a New Mexico Democrat, was one of the first two enrolled female tribal members in the continental U.S. to be elected to Congress and would be the first Indigenous Interior secretary if her nomination is confirmed. A member of Laguna Pueblo who says she’s a 35th generation New Mexican, she had recently been sworn in for her second term in Congress. ....

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Chief of Cherokee Nation says 'it's time' for Jeep to stop using tribe's name

Chief of Cherokee Nation says it s time for Jeep to stop using tribe s name
Updated: 7:27 PM CST Feb 22, 2021
Annie White
Associate Editor
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Updated: 7:27 PM CST Feb 22, 2021
TRACKING THE COVID-19 VACCINE
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Updated: 7:27 PM CST Feb 22, 2021
Annie White
Associate Editor
For the first time, the Cherokee Nation is asking Jeep to change the name of its Cherokee and Grand Cherokee vehicles.“I’m sure this comes from a place that is well-intended, but it does not honor us by having our name plastered on the side of a car, Chuck Hoskin, Jr., principal chief of the Cherokee Nation, told Car and Driver in a written statement responding to our request for comment on the issue. The best way to honor us is to learn about our sovereign government, our role in this country, our history, culture, and language and have meaningful dialogue with federally recognized tribes on ....

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Thune Reintroduces Bipartisan Legislation to Improve and Maintain Tribal Infrastructure

Thune Reintroduces Bipartisan Legislation to Improve and Maintain Tribal Infrastructure
Thune, Sinema Reintroduce Bipartisan Legislation to Improve and Maintain Tribal Infrastructure
WASHINGTON U.S. Sens. John Thune (R-S.D.) and Kyrsten Sinema (D-Ariz.), members of the Senate Committee on Commerce, Science, and Transportation, today reintroduced the Tribal Transportation Equity and Transparency Improvement Act, legislation to increase tribal transportation funding flexibility and improve the transparency and consistency of the Tribal Transportation Program’s administration and data collection practices.
“This bill takes several important steps to ensure that South Dakota tribes get their fair share of funding to maintain and improve their transportation infrastructure,” ....

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