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Indigenous Law: Seeking to Protect Sacred Sites: Pleadings & Practitioner Items

Indigenous Law is Native American and Tribal law. This LibGuide focuses on the different areas of law which could be used to protect sacred Indigenous sites. Often, Indigenous Law must be used in combination with property law, environmental law, and const

Pleadings & Practitioner Items

The pleadings and practitioner items necessary for Native American law are particular to the type of sacred sites to be protected. Lawyers may use jurisdictionally appropriate pleadings, which depend on the state of the sacred site. The type of pleading will also depend on the law to be used: property law, environmental law, or constitutional law. 

Corporate Responsibility IS NOTHING SACRED? for the Protection of NATIVE AMERICAN SACRED SITES Produced by the Sacred Land Film Project Principal Author: Lyuba Zarsky

American Indian Law Journal: A practitioner's guide to Indian and Tribal Law Research

Kunsch, Kelly (2017) "A Legal Practitioner's Guide to Indian and Tribal Law Research," American Indian Law Journal: Vol. 5 : Iss. 1 , Article 2. Available at: https://digitalcommons.law.seattleu.edu/ailj/vol5/iss1/2 

Handbooks

Handbook Title   Description Issue Date
1 IAM-H: Indian Affairs Directives Handbook  

Provides instructions and examples to assist in producing the policies and supporting documents that affect IA programs and activities. Includes templates and examples. Currently under review and being updated; therefore the document link has been removed.

11/24/2014
5 IAM 2-H: Single Audit Report Handbook  

Provides specific procedures for initiating, resolving, and closing single audit reports, and includes examples and templates.

10/28/2021
13 IAM 3-H: Indian Self-Determination Awarding Official Certification System (AOCS) Handbook  

Implements a certification system for those designated/delegated the authority to function as an awarding official for P.L. 93-638 contracts and grants.

12/10/2007
25 IAM: Safety and Health Handbook for Field Operations  

This handbook was developed to complement Part 25 of the IAM on Safety & Occupational Health. This handbook lays the groundwork for incorporating occupational safety and health into the planning of all bureau work projects and tasks.

10/05/2004
27 IAM 4-H: IA Debt Management Handbook  

This handbook documents the procedures required to implement the IA Debt Management policy, 27 IAM 4. 

9/30/2020
27 IAM 15-H: Assets Under Construction (AUC) Accounting Management Handbook  

Provides the procedures for recording costs for IA-managed construction projects where ownership or ultimate ownership of the facility will reside with IA.

5/23/2019
28 IAM 2-H: Attendance and Leave Handbook  

Provides information for employees, supervisors, managers, and human resources specialists regarding responsibilities for attendance and leave administration.

10/12/2016
28 IAM 335-H: Indian Affairs Merit Promotion and Placement and Excepted Service Handbook  

Documents the procedures required to implement the merit promotion and placement policy (28 IAM 335). This handbook is intended primarily for HR professionals but may also be useful to IA employees.

3/10/2016
30 IAM 19-H: BIE High Risk Fiscal Oversight Handbook  

This handbook documents the procedures required to implement the Bureau of Indian Education (BIE) High Risk Oversight policy, 30 IAM 19.  This Handbook is intended for all BIE offices and personnel who conduct and implement the coordinated High Risk Fiscal Oversight Reviews.

5/02/2018
52 IAM 2-H: Standards for Indian Trust Lands Boundary Evidence Handbook  

Supplements the Department Manual 303 DM 7. Provides guidance for the preparation of four certificates which document and formalize the collection and analysis of boundary evidence relating to Indian trust assets: Land Description Review Certificate, Chain of Surveys Certificate, Certificate of Inspection and Possession, and Boundary Assurance Certificate.

5/14/2012
52 IAM 4-H: Indian Affairs Mortgage Handbook  

The purpose of this handbook is to provide guidance to BIA staff for processing leasehold and trust land mortgages on trust or restricted land; specifically, how to review and analyze a mortgage loan request from a lender using a standardized process.

7/15/2019
52 IAM 14-H: Business Leasing on Indian Lands Handbook  

This handbook documents the procedures required to implement 52 IAM 14: Business Leases policy. Specifically, it documents the business leasing process to assist Bureau of Indian Affairs (BIA) management, BIA Division of Real Estate Services (DRES) staff, and support staff in providing services to Indian landowners, applicants, and the general public.

9/30/2021
52 IAM X-H: Fluid Mineral Estate Procedural Handbook  

Provides procedures for each action necessary to accomplish management of Fluid Mineral estate. The Fluid Mineral estate consists of the subsurface resources of Hydrocarbons (oil and natural gas, and various other gases such as hydrogen, carbon dioxide, helium, and nitrogen) and Geothermal.

8/14/2012
53 IAM 2-H: Indian Forest Management Handbook - Forest Management Planning  

Replaces 53 BIAM Supplement 2; provides information and procedures applicable to forest management planning.

3/18/2009
53 IAM 3-H: Indian Forest Management Handbook - Contract Sales of Forest Products  

Replaces 53 BIAM Supplement 3 & Timber Sale Records Handbook; provides information, procedures, and processes to prepare and administer a contract sale of Indian trust forest products. 

6/10/2004
53 IAM 4-H: Indian Forest Management Handbook -- Permit Sales of Forest Products  

Replaces 53 BIAM Supplement 4 & Timber Sale Records Handbook; provides information, procedures & processes for harvesting Indian trust forest products with or without permits.

6/15/2005
53 IAM 5-H: Indian Forest Management Handbook -- Forest Development  

Replaces 53 BIAM Supplement 5; provides guidance on procedures and processes necessary to prepare, administer, and report on forest development projects on Indian forest lands.

12/15/2006
53 IAM 7-H: Indian Forest Management Handbook -- Forest Trespass  

Replaces all prior handbook versions regarding forest trespass situations on Indian trust land.

2/15/2018
53 IAM 9-H: Silviculture  

Replaces all previous versions.

4/30/2012
53 IAM 10-H: Woodland Management  

Documents the practices and procedures required to implement the Woodland Management policy (53 IAM 10); namely to manage woodland resources on Indian lands.

10/18/2016
53 IAM 11-H: Indian Forest Management Handbook -- Forest Management Deductions  

Replaces 53 BIAM & Timber Sale Records Handbook; provides the information, procedures, and processes to collect, monitor, and distribute forest management deductions.

2/01/2006
54 IAM 1-H: Agricultural and Rangeland Management Handbook  

Provides the standards, requirements, and procedures required to implement the Bureau of Indian Affairs’ (BIA) policy on the Agricultural and Rangeland (Ag & Range) Management program as documented in the Indian Affairs Manual (IAM); specifically 54 IAM 1: Agricultural and Rangeland Overview, and in other Part 54 policy chapters.

7/14/2021
55 IAM-H: Safety of Dams Program Handbook  

Provides operating procedures and guidance in one location in order to achieve the Safety of Dams program mission more effectively. This Handbook applies to all new and existing BIA high- and significant-hazard potential dams.

8/22/2014
59 IAM 3-H: National Environmental Policy Act Guidebook  

Provides guidance for preparing documents required by the National Environmental Policy Act (NEPA) of 1969, and the Council on Environmental Quality (CEQ) regulations implementing NEPA for BIA actions. This is an update to the 2005 version of the Handbook.

8/15/2012
70 IAM 7-H: Housing Improvement Program (HIP) Handbook  

This handbook documents the practices and procedures necessary to manage HIP resources on Indian lands. It applies to all IA offices and programs participating in the management, accountability, utilization, or protection of housing.

7/31/2018
80 IAM 2-H: Indian Affairs Education Space Criteria Handbook  

This handbook replaces the "Indian Affairs Educational Space Criteria Handbook," issued on 11/01/05.

5/01/2020
90 IAM 1.4 C (2)a-H: Fuels Management Program Planning and Implementation Guide  

Provides standard operating procedures and guidelines for the administration and management of the BIA Hazardous Fuels Reduction Program, and is intended as a supplement to the Interagency Prescribed Fire Planning and Implementation Procedures Reference Guide. This Handbook also supports operational guidance established in 90 IAM 1.4C (2)-H, Fuels Management.

12/05/2008
90 IAM 5-H: Wildfire Prevention Program Handbook  

Standard operating procedures, guidelines, and policy for managing and administering the BIA Wildfire Prevention Program, including prevention planning, implementation, evaluation, and reporting. 

3/19/2021
90 IAM 6-H: Wildland Fire Origin and Cause Investigation Handbook  

This handbook replaces 90 IAM 1.4 C (10)-H: National Wildfire Investigations Handbook, and it documents the standards and procedures to implement the policy on wildland fire origin and cause investigations on Indian lands as documented in 90 IAM 6: Wildfire Investigation. Specifically, it addresses the complicated jurisdictional issues associated with wildfires, the investigation process as it relates to wildfire trespass, the importance of coordination with law enforcement agencies, and establishes national Bureau of Indian Affairs (BIA) wildfire investigation documentation requirements from the initial response through the litigation process.

7/01/2019
Correspondence Handbook  

Provides guidance to employees and managers who write, type, review or surname correspondence.

6/01/2004
Fee-to-Trust Handbook  

This is revision 1 of Version IV. Version IV was released on 5/16/16. These updates add procedures for requesting reservation proclamations (at section 3.4.1) and make other minor editing updates throughout the handbook.

6/28/2016
Fuels Management Program: Business Rule Handbook  

This version replaces the handbook titled "90 IAM 1.4 C (7)-H: Fuels Program Business Management Handbook," issued 2/01/06. This handbook functions as a companion text to the BIA Fuels Management Handbook.

7/01/2008
Indian Affairs Pandemic Plan  

This document serves as the pandemic plan for the Office of the Assistant Secretary - Indian Affairs, the Bureau of Indian Affairs, and the Bureau of Indian Education. It applies to all Indian Affairs offices and employees in planning work and executing response activities. The plan is dynamic and will be updated as needed. 

5/11/2020
Indian Probate Procedural Handbook  

Provides the requirements and procedures for probate case preparation and processing, including estates subject to the American Indian Probate Reform Act. Please contact the Office of Trust Services' Division of Probate to request a copy of their handbook: (202) 208-5831.

1/19/2009
Leasing and Permitting Handbook Chapter 1 - General Information  

Provides general requirements for processing agricultural, residential, and business leases and permits on Indian trust lands under the jurisdiction of the BIA.  

3/06/2006
Leasing and Permitting Handbook Chapter 2 - Agricultural  

Provides general requirements for processing agricultural, residential, and business leases and permits on Indian trust lands under the jurisdiction of the BIA.  

3/06/2006
Leasing and Permitting Handbook Chapter 3 - Residential  

Provides general requirements for processing agricultural, residential, and business leases and permits on Indian trust lands under the jurisdiction of the BIA.  

3/06/2006
Leasing and Permitting Handbook Chapter 4 - Business Exhibits  

Provides general requirements for processing agricultural, residential, and business leases and permits on Indian trust lands under the jurisdiction of the BIA.  

3/06/2006
Space Management: Request for Space Handbook  

Provides guidance for the acquisition of direct leased and General Services Administration (GSA)-provided space by programs and offices within Indian Affairs.