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California Indian Legal Services

California Indian Legal Services
 

BIA and DOI Consultations 2010

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TRIBAL ALERT

January 8, 2010 (Revised January 12, 2010)

Upcoming opportunities for tribal leaders to meet with the Bureau of Indian Affairs (BIA) and the Department of Interior (DOI).

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UPCOMING BIA CONSULTATION ON REVISIONS TO INDIAN REORGANIZATION ACT (“IRA”) REGULATIONS

The BIA is conducting tribal consultations on draft revisions to 25 CFR Part 81 – Tribal Reorganization under a Federal Statute and 25 CFR Part 82 – Petitioning Procedures for Tribes Reorganized under Federal Statute and Other Organized Tribes.  The BIA’s consultations seek oral and written comments about the proposed revisions to Parts 81 and 82.

Key issues in the current draft regulations that may be of interest for tribes with IRA constitutions include:

1. Amendments to the IRA removing the requirement of a Secretarial election to ratify new charters; and
2. Eliminates distinctions between Indians reorganized as historical tribes and those reorganized as communities of adult Indians; and
3. Clarifies that an IRA tribe may amend its constitution to remove Secretarial approval of future amendments

Several of these issues have been clarified by Congressional statute, but the BIA’s regulations have not been updated to reflect the new statutes.  Additionally, the new draft regulations include changes to: definitions; the required format for petitions; and requirements for casting votes at polling sites.

California meeting dates and times: 
1. January 12, 2010 at the Rumsey Rancheria, Cache Creek Casino & Resort from 9 a.m. to 4:30 p.m.;
2. February 2, 2010 at the Pala Casino Resort and Spa from 9 a.m. to 4:30 p.m.

Related documents can be found at:
 http://www.bia.gov/DocumentLibrary/index.htm

UPCOMING DOI CONSULTATION ON PRESIDENT OBAMA’S MEMO ON TRIBAL CONSULTATION AND EXECUTIVE ORDER 13175

The DOI is conducting one tribal consultation in California about President Obama’s Memo on Tribal Consultation and Executive Order 13175 (President Clinton’s Executive Order also addressing tribal consultation).  This is the only meeting addressing this issue California, however (there are several scheduled throughout the country.

As stated in the ‘Dear Tribal Leader’ the DOI is seeking comments about how to ‘develop a consultation action plan that respects tribal sovereignty, self-governance, and self-determination and maximizes tribal input and coordination.”

California meeting date and time (NOTE LOCATION CHANGE): 
1. January 14, 2010 at the Palm Springs Convention Center from 9 a.m. to 4 p.m.

Related documents can be found at:

 http://www.indianaffairs.gov/idc/groups/public/documents/text/idc002746.pdf
 http://www.indianaffairs.gov/idc/groups/public/documents/text/idc002694.pdf
 http://www.indianaffairs.gov/idc/groups/public/documents/text/idc-002460.pdf

For a .pdf copy of this Tribal Alert please click here.

Last Updated ( Tuesday, 12 January 2010 20:34 )  

Newsflash

Taxing Indian Country: Regulation 1616

Effective Feb 10, 2012 the California Board of Equalization implements a new law re: Property Used in Tribal Self-Governance

 

CILS Tax Help Is Here

Our popular ICAN! Tax preparation service is underway! Call toll free for assistance 1-800-743-8941 or click on http://icanefile.org/?caller=23 to complete taxes on your own.


 

Questions about the Cobell Settlement?

Contact their toll free number 1-800-961-6109 or visit their website at:

http://www.indiantrust.com/

 

Prevent foreclosure: know your rights!

Click here for more info. 


 

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In Memoriam

 

Beth Wylie

July 8, 1963 – January 28, 2012

CILS is very saddened to share that former CILS Legal Assistant, Beth Wylie Gjerstad, passed away on January 28, 2012 after a long and hard-fought battle with stage IV metastatic breast cancer.  Beth began her eight-year tenure with CILS in 2002 and departed in 2010 to devote her strength towards battling the disease. Her warm spirit and dedication to family and friends will always be a source of inspiration for all who knew Beth.  From her first day at CILS, when she wore her stunning navy blue suit, Beth carried herself with professionalism and consistently showed her enthusiasm for our Native client communities.  During her tenure at CILS, Beth assisted our Escondido Office attorneys on countless numbers of cases.  Happy to work behind the scenes Beth could always be counted on for a smile, even on those most difficult days. “During the most stressful times at the office, one smile from Beth and you knew things were going to get better,” remembers a co-worker.  While Beth resided in Southern California for many years, she was fiercely proud of her Seattle roots and had recently moved home to be near her family.  CILS Staff remembers her love of telling a good story, whether it was about her learning experiences at Shoreline Community College where she studied law enforcement, her take on a t.v. episode of Intervention, stories about her dog, Inga, or her latest attempted recipe.  As a single parent, Beth made innumerable sacrifices and always tried to improve as a parent.  She once wrote, “I don't think my kids know how much I really love them and I want to be better at showing that.”  But her love and care, especially of her girls, was most evident.  Beth is survived by her daughters Becca and Sarah, her son Bryan and her grandson Bailey.  A memorial fund to support her daughters is being established in Beth’s honor.  Those who wish to make donations can contact Patricia De La Cruz-Lynas at delacruz@calindian.org.  A memorial service for Beth is currently being planned (details to be posted as appropriate).

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