10th Circuit Says Churchrock Navajo Land

The 10th Circuit Court of Appeals in Denver upheld the decision of the Environmental Protection Agency and the U.S. Department of the Interior that the Churchrock Section 8 uranium project is located in Indian Country and is part of the Navajo Nation.  

The decision means that the Texas based company that wants to operate an underground injection uranium mine there will have to obtain its underground injection control permit from EPA rather the New Mexico Department of the Environment.  

The Navajo Nation enacted a ban on uranium mining and milling in April 2005. 

The 10th Circuit decisions also may apply to other uranium mining states, including Colorado, Utah, and Wyoming. Read more here.

Native Company Makes a Better Hot Dog

Next week, Native American Natural Foods, will unveil its new product, the Tanka Dog, a healthier hot dog created from buffalo and wild rice. According to the company’s blog, the Tanka Dog, will be larger than a regular hot dog and initially it will only be available to cafes, restaurants and other food services establishments. 

Native American Natural Foods is based on the Pine Ridge Indian Reservation. Founded in 2005 by Karlene Hunter and Mark Tilsen, the company company’s initial product line featured, the Tanka Bar -- an energy bar made from buffalo meat and cranberries -- the Tanka Mix and Tanka Bites. This year, in addition to the Tanka Dog, Native American Natural Foods plans to introduce, the Tanka Bar Spicy Pepper Blend, the Tanka Bites multipack, and the Tanka Bites Spicy Pepper Blend multipack.

NIGC Not Compiling a “Carcieri” List

The National Indian Gaming Commission is not drawing up a list of tribes recognized after 1934, according to NIGC Chairman Philip Hogen. In an interview with Indianz, Hogen said  that although he had expressed a need for a such a list, the NIGC was not leading the effort. Matthew Fletcher, of Turtle Talk argues that it would be a mistake for federal agencies to start compiling such lists, which could be subject to the Freedom of Information Act and could disadvantage tribes that are wrongly identified for the list.  Such a list could be significant in light of the Supreme Court’s decision in Carcieri v. Salazar, which restricts the land into trust process to only those tribes that were federally recognized in 1934. 

Are auditors allowed to access medical records?

During a recent Falmouth class, someone raised a question about allowing auditors access to medical-related records when they are conducting single audits. The main concern was how allowing the auditor access to medical records would square with HIPAA Act privacy requirements.

 When testing grants or contracts for A-133 Major Program compliance in the Health and Social Services functions, a level of access is required.  In the course of testing, an auditor usually encounters information considered confidential under HIPAA. According to John Friel CPA and Falmouth consultant, who conducts single audits for tribal organizations, auditors are required to sign a HIPAA disclosure agreement when they are going to be reviewing health records. In addition, they are bound by the Code of Conduct of the American Institute of Certified Public Accountant to keep all records, particularly health records, locked in a secure place.  

So an auditor would have access to health records, but only to certify compliance to federal regulations.

California Faulty in ICWA Notifications to Tribes

California courts hear more Indian Child Welfare Act cases than any other state in the country, because the state social workers are not complying with the ICWA notification provision, according to a study presented last October at the American Indian Identity Conference held at Michigan State University. The study was the topic of a recent blog post on Turtle Talk. The author of the study, Kathryn Fort, found that California is doing a poor job of notifying Indian tribes that Indian children have entered the court system. Among other things, the study suggests that social workers do not have a sufficient understanding of ICWA or tribal membership requirements.  Also noted in the post was another paper by Matthew Fletcher on the legislative history of the Indian Child Welfare Act. 

Robideaux Indian Affairs Hearing Available

Yesterday's Senate Committee on Indian Affairs confirmation hearing for Indian Health Service nominee Dr. Yvette Roubideaux is available for viewing on the committee's website.

GOP Blocks Vote on Sebelius for HHS

Saying they needed more time to consider her record, Senate Republicans Thursday refused to allow confirmation vote on Gov. Kathleen Sebelius (D-Kansas), President Obama’s nominee to head the Department of Health and Human Services. Read more in the Washington Post.