Meaningful Consultation with Tribal Governments: A Uniform Standard to Guarantee that Federal Agencies Properly Consider Their Concerns

Mount Tenabo is the source of our creation stories and is a central part of our spiritual world view. . . . It holds the Puha, or life force, of the Creator. We pray to the Mountain for renewal, which comes from Mt. Tenabo\u27s special place in Western Shoshone religion.\u27 \u27 - Sandy Dann, Western Shoshone The obligation that federal agencies consult with Indian tribes regarding undertakings that impact tribal interests is grounded in various statutes, implementing regulations, and Executive Order 13,175. Currently, tribes confront a variety of approaches to consultation because each agency develops its own standards for conducting consultation. Once an agency has reached a final decision on a proposed undertaking, any consultation that occurred to comply with Executive Order 13,175 will not be reviewed in court because Executive Order 13,175 and the consultation policy that an agency developed as required by Executive Order 13,175 do not provide tribal governments with a cause of action to challenge the adequacy of consultation. While courts will review tribal-agency consultation mandated by a federal statute or implementing regulation, judicial review tends to focus on the procedural aspects of consultation rather than examining the substantive decision made by an agency. Thus, Indian tribes are unable to challenge whether an agency\u27s final determination adequately considered the concerns that tribal governments raised during the consultative process. In recognition of the federal government\u27s general trust responsibility to protect the general welfare of tribes and the government-to-government relationship that exists with Indian tribes, Congress should enact a statute that creates a uniform standard for agency-tribal consultation. The statute will create one standard for conducting tribal consultation. Additionally, the consultation statute will permit judicial review of the procedural and substantive aspects of the interaction between tribal governments and federal agencies. To ensure agency decisions adequately consider tribal interests and concerns, agencies will have to overcome a rebuttable presumption that will be granted to tribal assertions raised during consultation. If an agency cannot produce sufficient evidence to support its determination, a federal court will have the power to overturn the decision. The statutory approach to agency-tribal consultation will ensure the federal government honors the unique relationship it has with Indian tribes

Limitations of homogeneous and segmented single-crystal compact TEM00_{00}-mode Ho3+^{3+}:YAG laser resonators

We present investigations on output power limitations of near-diffraction-limited compact Ho$^{3+}$:YAG laser resonators employing a homogeneous or segmented laser crystal. An approach for designing a segmented crystal is presented. Maximum output powers of 57.6W and 51.9W are reached with the homogeneous and segmented crystal, respectively, resulting in pulse energies of 1.14mJ and 1.04mJ at a repetition rate of 50kHz in Q-switched operation. Interferometric experiments are conducted to derive the radial temperature profile for both crystals. Simulations based on a split-step beam propagation method are used to model the longitudinal temperature gradient in both crystals

Considerations for Climate Change and Variability Adaptation on the Navajo Nation

[6], 204 p. : color illustrations, color mapshttps://scholar.law.colorado.edu/books_reports_studies/1002/thumbnail.jp

Considerations for Climate Change and Variability Adaptation on the Navajo Nation

[6], 204 p. : color illustrations, color mapshttps://scholar.law.colorado.edu/books_reports_studies/1002/thumbnail.jp

Влияние водных суспензий промышленных наночастиц на биометрические свойства проростков пшеницы

В работе показано влияние размера (9, 83 и 143 нм) и концентрации (3…1000 мг/л) наночастиц и ионов никеля на морфометрические (длину 2-суточного корня, энергию прорастания, суммарную длину 9-суточных побегов и корней) и физиологические (содержание в тканях ионов K+ и NO3- и электропроводность) свойства проростков пшеницы сорта "Ирень", выращенных с добавлением наночастиц в среду прорастания (раствор Хьюитта). Установлено, что угнетение корнеобразования развивается при увеличении концентрации наночастиц, при переходе от наноразмерной формы к ионной и с уменьшением размера частиц в суспензиях с концентрацией более 30 мг/л.The paper shows the influence of the size (9, 83 and 143 nm) and concentration (3...1000 mg/L) of nanoparticles and nickel ions on morphometric (length of a 2-day root, germination energy, total length of 9-day-old shoots and roots) and physiological (content of K+ and NO3- ions in tissues and electrical conductivity) properties of wheat seedlings of the "Iren" variety grown with the addition of nanoparticles to the germination medium (Hewitt's solution). It was found that the inhibition of root formation develops with an increase in the concentration of nanoparticles, with the transition from the nanosized form to the ionic form, and with a decrease in the particle size in suspensions with a concentration of more than 30 mg/L

Abstracts from the 8th International Conference on cGMP Generators, Effectors and Therapeutic Implications

This work was supported by a restricted research grant of Bayer AG

Meaningful Consultation with Tribal Governments: A Uniform Standard to Guarantee that Federal Agencies Properly Consider Their Concerns

Mount Tenabo is the source of our creation stories and is a central part of our spiritual world view. . . . It holds the Puha, or life force, of the Creator. We pray to the Mountain for renewal, which comes from Mt. Tenabo\u27s special place in Western Shoshone religion.\u27 \u27 - Sandy Dann, Western Shoshone The obligation that federal agencies consult with Indian tribes regarding undertakings that impact tribal interests is grounded in various statutes, implementing regulations, and Executive Order 13,175. Currently, tribes confront a variety of approaches to consultation because each agency develops its own standards for conducting consultation. Once an agency has reached a final decision on a proposed undertaking, any consultation that occurred to comply with Executive Order 13,175 will not be reviewed in court because Executive Order 13,175 and the consultation policy that an agency developed as required by Executive Order 13,175 do not provide tribal governments with a cause of action to challenge the adequacy of consultation. While courts will review tribal-agency consultation mandated by a federal statute or implementing regulation, judicial review tends to focus on the procedural aspects of consultation rather than examining the substantive decision made by an agency. Thus, Indian tribes are unable to challenge whether an agency\u27s final determination adequately considered the concerns that tribal governments raised during the consultative process. In recognition of the federal government\u27s general trust responsibility to protect the general welfare of tribes and the government-to-government relationship that exists with Indian tribes, Congress should enact a statute that creates a uniform standard for agency-tribal consultation. The statute will create one standard for conducting tribal consultation. Additionally, the consultation statute will permit judicial review of the procedural and substantive aspects of the interaction between tribal governments and federal agencies. To ensure agency decisions adequately consider tribal interests and concerns, agencies will have to overcome a rebuttable presumption that will be granted to tribal assertions raised during consultation. If an agency cannot produce sufficient evidence to support its determination, a federal court will have the power to overturn the decision. The statutory approach to agency-tribal consultation will ensure the federal government honors the unique relationship it has with Indian tribes