FOR YOUR REFERENCE AND CONTINUED USE

NEWLY ADDED THIS WEEK IN:

Health

HHS

IHS

Housing

Land Issues

Taxation

Veterans Affairs

Please contact USET’s Director of Policy and Legislative Affairs with questions:

Liz Malerba ~ Mohegan Tribe

lmalerba@usetinc.org

400 North Capitol Street, Suite 585 Washington, D.C. 20001 202-624-3550

Be sure to check out the resources on USET’s webpage

Quick Links to:

P&L ARCHIVES:

2019 2018

2017 2016

2015 2014

2013

2

USET SPF Candidate Principles and Priorities FINAL BOD Approved 11_7_19

- NCUIH Releases 2018-2019 Urban Indian Organization Shutdown Report - Report Shows Devastating Impacts of Shutdown and Highlights Urgency for Advance Appropriations and 100% FMAP

- Desert Sun Article February 12: From healthcare and Standing Rock to #MMIW:

Presidential candidates talk Native American issues

- USET SPF Alert: NEEDED IMMEDIATELY: Tribal COVID-19 Legislative

Proposals for Further Action March 15

Bankruptcy

3

Budget

Contract Support Costs

Department of Homeland Security

Federal Appropriations

- USET SPF Signs onto Joint Letter to Appropriators re: Indian Country

COVID-19 Priorities – March 16, 2020

- USET SPF Written Testimony House Interior Appropriations Tribal

Witness Hearings 2-11-2020

Federal Budget Process/Timeline

- January 10: USET SPF Alert: House Interior Approps AI/AN Public

Witness hearing information and USET Budget Process PowToon Video

FY2021

- 2021 Bureau of Indian Education Justifications

Indian Health Services (IHS) Budget Formulation Workgroup

Labor HHS Appropriations

President’s Budget Request

- Formulation Guidance materials for FY2022 and Webinar recording

Quiet Crisis

Sequestration

Tribal Interior Budget Council (TIBC)

Bureau of Indian Affairs

- Dear Tribal Leader Letter – BIA ERO Change in Leadership February 5

Census

Congress

- USET SPF Alert: Support Joint Tribal Priorities in Congressional Stimulus Efforts

- March 21, 2020

- Congressional Calendar 2020

SCIA

4

Constitutionality of Federal Indian Programs and Protections

Culture And Heritage

- Early Coordination with Indian Tribes During Pre-application Processes – Section 106 Process: A Handbook

- NATHPO Building on 2019 Victories

Doctrine of Discovery

Indian Arts & Crafts

Indian Child Welfare Act

- USA Today Article January 29: The Indian Child Welfare Act: A law that paved the way for a 5-year-old's death

- HSDW Memo 1.18.20: Briefs in Opposition to ICWA Filed in Brackeen En Banc Rehearing and Fifth Circuit Notified Parties of Presentment Clause Discussions

Indian Programs

Mascot

• Washington Redsk*ns

H.R. 1278 - Non-Disparagement of Native Americans in Trademark Registration Act

Native American Graves Protection and Repatriation Act

• Other

Sacred Sites

Traditional Gathering

Trafficking

Department of Health and Human Services

5

Administration on Children and Families

Department of the Interior

- PRESS RELEASE | USET SPF Statement on DOI Withdrawal of M-

Opinion 37029 March 12

- USET SPF Alert: DOI Withdraws 2014 M-Opinion Providing 2-Part

Carcieri Test, Implements New 4-Part Test : March 11

Economic Development

- American Indian Alaska Native Tourism Association (AIANTA) Survey on the Impact of

COVID-19 on Indian Country Tourism

- USET SPF Comments on OCC Proposed Rule Modernizing the Community

Reinvestment Act March 9

- Division of Energy and Mineral Development (DEMD) and Indian Energy Service Center

(IESC) Tribal Listening Session & Consultations

5:00 – 6:00 pm ET Washington, DC February 10 (LS); 3:00 – 4:50 pm PT Las Vegas,

NV March 2 (Consult); 9:00 am – 12:00 pm CT Catoosa, OK March 10 (Consult);

Lakewood, CO 9:00 am – 12:00 pm MT March 19 (Consult); 2:00 – 4:00 pm ET March

26 (Teleconference)

CDFI

Gaming

Marijuana/Hemp

- Secretary Perdue Approves 3 New Tribal Hemp Production Plans - 10 Tribes Approved

To Date – February 21

Native Act

Small Business Administration (SBA)

SBA 8(a) Contracting

TED Bonds

Tobacco

6

• MSA

USC Title 25 Chapter 44 – Native American Business Development, Trade

Promotion, and Tourism

• DelBene

Education - Readout of the U.S. Department of Education’s COVID-19

Conference Call with K-12 Stakeholders March 20 - Haskell Indian Nations University Board of Regents- Seeking

Eastern Region Representation

Bureau of Indian Education (BIE)

- January 3 DTLL Site Assessment Revised Approach for BIE Funded Schools – Webinar

Discussion 1:00 – 4:00 pm ET February 5

Department of Education

Elementary and Secondary Education Act (ESEA)

Esther Martinez Native American Languages Preservation Act

Every Student Succeeds Act (ESSA)

Generation Indigenous Gen-I

Johnson O’Malley

- 2018-2019 JOM Student Count Blank Form Johnson O'Malley Program Contact Information and Number of Eligible Indian Students Served

Native Education Support and Training Act (NEST)

Emergency Management

Environment and Natural Resources - USET SPF Comments on Proposed NEPA Revisions March 10 - USACE Levee Safety Engineering Circular Release Webinars

7

March 4 11 am & 3: 00 pm ET Comments due April 20

Climate Change

- USET PROGRAM ALERT: Information Request - Climate Change

relocation unmet infrastructure federal obligations Please respond by

April 10

Energy - Assistant Secretary Sweeney Clears the Path for Tribes to Develop

Energy Resources on Tribal Land

EPA

• Clean Air

• Clean Water

• Gap Guidance

• Solid Waste

Fracking

Hydraulic Fracturing

U.S. Fish and Wildlife

Water Waters of the United States

Farm Bill

Federal Communications Commission - FCC Comment Sought on Competitive Bidding Procedures and Certain Program

Requirements for The Rural Digital Opportunity Fund Auction – Deadline April 10

Broadband - Udall, Cantwell, Heinrich Introduce Bill to Increase Tribal Broadband Access

Cell Tower Placement

Positive Train Control/Railroad

8

Spectrum Licenses

- HSDW General Memorandum 20-001: Federal Communications Commission to Provide Rural Tribal Priority Window to License Spectrum 1/6/2020

Federal Emergency Management Agency

Stafford Act

Federal Recognition

BIA Part 83 Recognition

Native Hawaiian

Food and Drug Administration

Government Accountability Office

Health

Watch a recording of the March 17 NAFOA NCAI & NIHB Tribal Leader Town Hall on

COVID-19 and view the slideshow from the meeting

- USET/USET SPF COVID-19 Response & Relief Effort: USET TEC Surveillance Tool

NOW AVAILABLE! - Coronavirus Resources & Information - Coronavirus Disease 2019 and the 2019-2020 Flu Season

Administration for Children and Families

Advance Appropriations

Affordable Care Act

• Indian Health Care Improvement Act

- ACA/IHCIA Resources Available for Self-Governance Tribes

Behavioral Health

Budget

Center for Disease Control (CDC)

9

- CDC’s Office of Tribal Affairs and strategic Alliances Weekly Updates February

21

- CDC Health Update February 1: Update and Interim Guidance on Outbreak of

2019 Novel Coronavirus (2019-nCoV)

Centers for Medicare and Medicaid Services (CMS)

- CMS Issues Guidance on Coronavirus Coverage March 5

- HSDW Memo 2.20.2020: DC Circuit Upholds Invalidation Medicaid Work

Requirements

- CMS Releases Guidance to States on Medicaid Block Grants

- USET SPF Comments to CMS - Scope of Practice Medicare regulations January 17

Definition of Indian

Dental

Executive Branch Reorganization

Federal Employee Health Benefits

Federally Qualified Health Center

Federal Medical Assistance Percentage (FMAP)

HHS

HHS Health Resources and Service Administration HRSA Tribal Advisory

Council Requesting Tribal Delegate Member Nominations – Submission

Deadline May 7

- HHS-CDC Announce $80M to Support COVID-19 Response in Indian Country

HIPAA

Indian Health Care Improvement Act

IHS

RADM Weahkee DTLL March 27 re: disposition of $134 million in new resources for COVID-19 response in Indian Country

10

- Indian Health Service All Tribes and Urban Indian Organization Leaders Call Follow-Up March 17

- IHS DTLL March 2 re: Behavioral Health Funding - IHS Week in Review for the week of February 16 - RADM Weahkee’s IHS week in review updates for the week of

January 19 IHS Facebook video with Chief Malerba

- The Indian Health Service Response to Recent News Reports December 31, 2019, Wall Street Journal article titled “Rx for Ailing Indian Health Service: Changes in Spending, Recruitment.”

- HHS Office of Inspector General Report – December 18, 2019 "Indian Health Service Has Strengthened Patient Protection Policies but Must Fully Integrate Them Into Practice and Organizational Culture"

- Indian Health Service (IHS) Final Report and Roadmap for First Phase of the Health Information Technology Modernization

IHS Facilities

• 105(l)

- USET SPF Alert: IHS Reprograms $72 M for FY 2019 105(l) Lease Obligations-

January 29

- January 22 DTLL providing the decision on the Indian Health Service proposal to

reprogram fiscal year 2019 funds for lease cost agreements with Tribes and Tribal

organizations authorized under section 105 (l) of the ISDEAA

IHS-VA Agreements - VA-IHS Health Care Coordination Advisory Board – Nominations due by

February 16

Insurance

Long-Term Services and Supports

Meaningful Use

Medicaid

- HSDW Memo 2.20.2020: DC Circuit Upholds Invalidating Medicaid Work

Requirements

Medicare

Medicare-Like Rates

11

Mental & Behavioral Health

MMPC/TTAG

MSPI/DVPI

Native Contract and Rate Expenditure (CARE) Act (previously - Medicare-Like Rates)

OMB Reimbursement Rates

Purchased-Referred Care (previously – Contract Health Services)

SAMHSA

Self-Governance

Self-Insurance

Special Diabetes Program for Indians

- Joint Association Letter on Public Health Extenders – Senate February 12, 2020

- Joint Association Letter on Public Heath Extenders – House February 12, 2020

- Congressional Research Service report on special diabetes programs

Third-Party Revenue

VA

Zika

Homeland Security

Emergency Management

Housing

U.S. Department of Housing Dear Lender Letter March 20 re: Foreclosure and Eviction Moratorium in connection with the Presidentially Declared COVID-19 National Emergency

- USET SPF Comments re: HUD Two-Year Notices of Funding Availability for ONAP

12

Competitive Programs March 13

Housing Improvement Program (HIP)

HUD 184 Loan Program

NAHASDA

Other

Infrastructure

International Affairs

Human Rights

United Nations

United Nations Declaration on Indigenous Peoples (UNDRIP) United Nations Declaration on the Right of Indigenous Peoples

➢ American Declaration on the Rights of Indigenous Peoples

- American Declaration on the Rights of Indigenous Peoples

• DRAFT American Declaration on the Rights of Indigenous Peoples

➢ World Conference On Indigenous Peoples (WCIP)

Justice & Law Enforcement

Code X Program

Indian Juvenile Justice Code

Joint Task Force on Maine Native Killings

13

Marijuana

Tobacco

Tribal Law and Order Act

Voting Rights

Labor & Employment

477

Overtime

NLRB

Tribal Labor Sovereignty Act

Land Issues

BIA/Rights of Way

Carcieri

Barrasso Carcieri Bill S. 1879: Interior Improvement Act

Information

Co-Sponsors of S. 1879

Moran Trust Land Bill S. 1931

USET SPF Alert: DOI Secretary Orders Mashpee Wampanoag Reservation Disestablished--Lands Taken Out of Trust – March 28

LAW360 Article March 25: Tribes Unsure Where They'll Land With New DOI Trust Policy

14

HEARTH Act

Indian Reorganization Act

Interior Improvement Act

Land Buy-Back

Land-into-Trust

Land Reaffirmation

Rights-of-Way

25 CFR Part 151

Native American Enterprise Initiative (NAEI)

Office of Management and Budget (OMB)

- USET Program Alert: OMB COVID-19 Grant Guidance March 17

• Uniform Requirements, Cost Principles, and Audit Requirements for federal Awards

Presidential Task Force on Missing and Murdered American Indian and Alaska Natives - Readout of the Task Force Meeting on Missing and Murdered

American Indians and Alaska Natives 2/13/2020

Research - USET SPF Comments on NIH DRAFT Policy for Data Management and Sharing

and Supplemental DRAFT Guidance 1/10/2020

All of Us Project

Common Rule

Restrictive Settlement Act - Press Herald Article: Sweeping recommendations would overhaul Maine’s Indian

land claims act

15

- Law 360 Article: Maine's Tribes Push To Restore Authority Over Lands

Self-Governance - Federal Register Notice February 28 - lists programs or portions of

programs that are eligible for inclusion in self-governance funding agreements with Indian Tribes and lists Fiscal Year 2020 programmatic targets for each of the non-BIA bureaus in the DOI

- HSDW General Memo 20-003: BIA Self-Governance Application Deadline of March 1

477

Social Security Administration

Social Services

Child Care

Foster Care and Family Stability

Sovereign Immunity - HSDW General Memorandum 20-006 March 17, 2020: Arizona Supreme Court Creates

New Tribal Sovereign Immunity Test for Tribal Corporations o Opinion February 25, 2020

Apple Inc. v MEC Resources LLC

Clark v Harrah’s NC Casino Co. LLC

Upper Skagit Indian Tribe v. Sharline Lundgren et al.

State of the Union/Indian Nations

Subcommittee for Indigenous Peoples of the United States

Substance Abuse - Substance Abuse and Mental Health Services Administration collaboration

with U.S. Department of Agriculture (USDA) to expand recovery housing

Opioids

16

Supreme Court of the United States (SCOTUS) - Tribal Supreme Court Project Update January 17

Taxation

- House Ways & Means Historic Hearing on Indian Tax and Economic Development

- House Ways and Means Select Revenue Measures Subcommittee hearing on

“Examining the Impact of the Tax Code on Native American Tribes” 10:00 am March 4

room 1100 of the Longworth House Office Building – WRITTEN COMMENTS

DEADLINE March 18

General Tax Updates

Comprehensive Tax Reform

GWE

Health

HITECH (Health Information Technology for Economic and Clinical Health)

IRS

Treasury and IRS Issue Guidance on Deferring Tax Payments Due to COVID-19

Outbreak

- New IRS Website Provides Tax Assistance for Indian Country

New Market Tax Credits

State and Dual Taxation

Tax Extenders

Tax Reform

Tribal Council Pay

17

Tribal Treasury Advisory Committee (TTAC)

Trust Per Capita

Transportation

BIA Roads

Department of Transportation

FAST ACT

Indian Reservation Roads (IRR)

Map-21

Self-Governance

Surface Transportation Bill Reauthorization

Transportation Reauthorization

Tribal Administration

Financial Reporting

Treasury - Impact of the Tribal Social Security Fairness Act on Worker Status - Indian Tribal Governments Reorganization - New Downloadable Assistant Helps Withhold the Right Amount of Income Tax

Tribal Consultation Policy

Tribal Governments

Tribal Justice - Presidential Task Force on Missing and Murdered American Indians and Alaska

Natives Listening Session during USET SPF Impact Week Meetings Washington,

DC 2:00 – 5:00 pm March 17

- Trump Administration Launches Presidential Task Force on Missing and Murdered American Indians and Alaska Natives

18

Crime Victim Services

Human Trafficking - Resources for Human Trafficking Awareness from OVC

Tribal Sovereign Immunity

Other

Trust Asset Reform/Trust Reform/Trust Responsibility

Administration/Department of Interior

Cobell

Secretarial Commission on Indian Trust Administration and Reform (SCITAR)

Trust Modernization

Trust Reform Legislation

USET Trust Reform

US Commission on Civil Rights

USDA

VAWA

- December 23, 2019 Letter signed by 15 former US Attorneys on the VAWA Bills

Victims of Crime Act Fund

Veterans Affairs National Cemetery Administration (NCA) Information Update COVID-19 Alert March 23

White House

My Brother’s Keeper

White House Advisory Council on Financial Capability for Young Americans

19

White House Council on Native American Affairs

White House Tribal Nations Conference

Youth

Youth

OTHER

20

Litigation

Apple Inc. v MEC Resources LLC

Big Lagoon Rancheria v State of California

Blackfeet Tribe, Coushatta Tribe of Louisiana, Fort Belknap Indian Community, Rosebud Sioux Tribe, Ute Mountain Ute Tribe, and United South and Eastern Tribes, Inc., v. FCC and USA

Brackeen et al. v Zinke et al.

California v Texas (ACA Repeal)

- California v Texas Petition for a Writ of Certiorari

• California v Texas Petition Appendix

• California v Texas Motion to Expedite Consideration of Petition

• Petition for A Writ of Certiorari

• House ACA Motion to Expedite

Carcieri v Salazar

Cherokee Nation v McKesson Corp. Clark v Harrah’s NC Casino Co. LLC

21

Confederated Tribe of the Grande Ronde Community of Oregon and Clark County, WA v Jewell (Cowlitz)

Dollar General v Mississippi Band of Choctaw

Harrison Family v PCBI Gaming Jerry Rape v Poarch Band of Creek Indians et al.

King v Burwell

Match-E-Be-Nash-She-Wish v Patchak Miccosukee Tribe of Indians of Florida v Tein, Lewis & Tein

Michigan v Bay Mills

Morton v Mancari

Mylan Pharmaceuticals Inc. v. Saint Regis Mohawk Tribe Nebraska v Parker

Patchak v Zinke Plaintiffs v Jewell & Mashpee Wampanoag Indian Tribe

Ramah Navajo Chapter v Zinke

Redding Rancheria v Price

Texas v. Alabama-Coushatta Tribe of Texas

- Justices Won't Hear Texas Tribe's Petition On Bingo Block

Texas v Zinke

Upper Skagit Indian Tribe v. Sharline Lundgren et al.

22

Herrera v. Wyoming May 20, 2019 Washington State Department of Licensing v. Cougar Den, Inc. March 19, 2019 Washington v. U.S. June 11, 2018

Upper Skagit Indian Tribe v. Lundgren May 21, 2018

Patchak v. Zinke February 27, 2018

Upstate Citizens for Equality, Inc. V. United States November 27, 2017

Matal v. Tam June 19, 2017

Lewis v. Clarke April 25, 2017

Dollar General Corp. v. Mississippi Band of Choctaw Indians June 23, 2016

U.S. v. Bryant June 13, 2016

Nebraska v. Parker March 22, 2016

Sturgeon v. Frost March 22, 2016

Menominee Indian Tribe of Wisconsin v. U.S. January 25, 2016

Knight v. Thompson January 26, 2015

Michigan v. Bay Mills Indian Community May 27, 2014

Adoptive Couple v. Baby Girl June 25, 2013

U.S. v. Samish Indian Nation October 9, 2012

Arctic Slope Native Ass’n, Ltd. v. Sebelius June 25, 2012

Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak June 18, 2012

Salazar v. Ramah Navajo Chapter June 18, 2012

U.S. v. Jicarilla Apache Nation June 13, 2011

U.S. v. Eastern Shawnee Tribe of Oklahoma May 2, 2011

U.S. v. Tohono O’Odham Nation April 26, 2011

Madison County, N.Y. v. Oneida Indian Nation of New York January 10, 2011

U.S. v. Navajo Nation April 6, 2009

Hawaii v. Office of Hawaiian Affairs March 31, 2009

Carcieri v. Salazar February 24, 2009