U.S. Legislative Updates:
Updated: March 5, 2025
- S.640
- Title: A bill to amend the Omnibus Public Land Management Act of 2009 to make a technical correction to the Navajo Nation Water Resources Development Trust Fund, to amend the Claims Resolution Act of 2010 to make technical corrections to the Taos Pueblo Water Development Fund and Aamodt Settlement Pueblos’ Fund, and for other purposes.
- S.689
- Title: A bill to approve the settlement of the water right claims of the Tule River Tribe, and for other purposes.
- S.241
- Title: A bill to provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
- S.240
- Title: A bill to amend the Crow Tribe Water Rights Settlement Act of 2010 to make improvements to that Act, and for other purposes.
- S.546
- Title: A bill to amend the Omnibus Public Land Management Act of 2009 to make a technical correction to the water rights settlement for the Shoshone-Paiute Tribes of the Duck Valley Reservation, and for other purposes.
- S.562
- Title: A bill to approve the settlement of water rights claims of the Pueblos of Acoma and Laguna in the Rio San Jose Stream System and the Pueblos of Jemez and Zia in the Rio Jemez Stream System in the State of New Mexico, and for other purposes.
- S.563
- Title: A bill to approve the settlement of water rights claims of Ohkay Owingeh in the Rio Chama Stream System, to restore the Bosque on Pueblo Land in the State of New Mexico, and for other purposes.
- S.564
- Title: A bill to approve the settlement of water rights claims of the Zuni Indian Tribe in the Zuni River Stream System in the State of New Mexico, to protect the Zuni Salt Lake, and for other purposes.
- S.565
- Title: A bill to approve the settlement of water rights claims of the Navajo Nation in the Rio San Jose Stream System in the State of New Mexico, and for other purposes.
- S.637
- Title: A bill to amend the Northwestern New Mexico Rural Water Projects Act to make improvements to that Act, and for other purposes.
- S.640
- Title: A bill to amend the Omnibus Public Land Management Act of 2009 to make a technical correction to the Navajo Nation Water Resources Development Trust Fund, to amend the Claims Resolution Act of 2010 to make technical corrections to the Taos Pueblo Water Development Fund and Aamodt Settlement Pueblos’ Fund, and for other purposes.
- H.R.635
- Title: WaterSMART Access for Tribes Act / To amend the Omnibus Public Land Management Act of 2009 to increase Tribal access to water conservation and efficiency grants, and for other purposes.
- H.R.907
- Title: To provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
- H.R.635
- Title: To amend the Omnibus Public Land Management Act of 2009 to increase Tribal access to water conservation and efficiency grants, and for other purposes.
- H.R.726
- Title: To amend the Crow Tribe Water Rights Settlement Act of 2010 to make improvements to that Act, and for other purposes.
- H.R.907
- Title: To provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
- H.R.1444
- Title: To approve the settlement of water rights claims of the Zuni Indian Tribe in the Zuni River Stream System in the State of New Mexico, to protect the Zuni Salt Lake, and for other purposes.
Updated: March 5, 2025
Perank, et al. v. United States
Materials via Turtle Talk
2025 WL 552063
Case No. 2:20-cv-00712-JNP-CMR
United States District Court, D. Utah.
February 19, 2025
Legal Topics: Federal Tort Claims Act (FTCA); Loss of Water
United States, et al. v. State of Washington, et al.2025 WL 388414
Case No. C70-9213RSM
SUBPROCEEDING NO. 24-01 RSM
United States District Court, W.D. Washington.
February 4, 2025
Legal Topics: Treaty Fishing Rights; Usual and Accustomed Fishing Places; Skagit River
- One petition for certiorari was denied on 11/4/24: San Carlos Apache Tribe v. Arizona, et al. (24-349) (Mining permit under Clean Water Act regulations). The Tribal Supreme Court Project published an Update Memorandum on October 21, 2024: https://sct.narf.org/updatememos/2024/10-21-2024.pdf
Updated: June 18, 2025
Additional Resource: Regulatory Tracker – Environmental and Energy Law Program (https://eelp.law.harvard.edu/tracker-type/regulatory-tracker/)
FEDERAL AGENCY RULEMAKING
| Date | Relevant Authority | Agency | Title |
|---|---|---|---|
| 5/29/2025 | Seven County Infrastructure Coalition, et al. v. Eagle County, Colorado, et al, Case No. 23-975 (Supreme Court) | Federal Agencies in General | JUDICIAL INTERPRETATION Review of NEPA documents does not require agencies to consider the environmental effects of upstream or downstream projects that are separate in time or place from the proposed action subject to NEPA review. |
| 5/22/2025 | Kāpa‘a, Conservation Council for Hawaii, and Center for Biological Diversity v. Trump et al., Case No. 1:25-cv-00209 (D. Haw | National Oceanic and Atmospheric Administration (NOAA) | RULE ROLL BACK Marine National Monuments & Marine Sanctuaries EO 14276: Restoring American Seafood Competitiveness Presidential Proc. 10918: Unleashing American Commercial Fishing in the Pacific |
| 5/14/2025 | 40 CFR Parts 141 and 142 | Environmental Protection Agency (EPA) | PROPOSED RULE; REQUEST FOR COMMENTS Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; 2025 Pacific Whiting Tribal Allocation and 2025 Incidental Set-Aside Marine National Monuments & Marine Sanctuaries |
| 5/9/2025 | State of Washington, et al. v. Trump, et al, No. 2:25-cv-00869 (W.D. Wash. at Seattle) | Bureau of Land Management (BLM) | RULE ROLLBACK Alternative Arrangements for NEPA Compliance Department of the Interior Departmental Manual, 516 DM 11 |
| 4/17/2025 | 90 CFR 15675 | National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce | PROPOSED RULE; REQUEST FOR COMMENTS Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; 2025 Pacific Whiting Tribal Allocation and 2025 Incidental Set-Aside Marine National Monuments & Marine Sanctuaries |
| 4/15/2025 | 50 CFR Part 17 50 CFR Part 222 | Department of Interior (DOI), Fish and Wildlife Service, Department of Commerce, NOAA | PROPOSED RULE; REQUEST FOR COMMENTS Endangered Species Act Regulations – Rescinding Definition of “Harm” |
| 3/24/2025 | PROPOSED RULE; REQUEST FOR COMMENTS Endangered Species Act Regulations – Rescinding Definition of “Harm” | Army Corps, Environmental Protection Agency (EPA) | Defining Waters of the United States (WOTUS) Administrator Zeldin Announces EPA Will Revise Waters of the United States Rule | US EPA |
| 3/12/2025 | 40 CFR Part 423 | EPA | Power Plant Effluent Limits |
| 2/14/2015 | EPA-R10-OW-2022-0418; FRL 10624-01-OW | EPA | Bristol Bay and the Pebble Mine |
| 1/29/2025 | 40 CFR Parts 121, 122, and 124 | EPA | Section 401 Water Quality Certification |
| 1/28/2025 | Case Filed Challenging Continued Operation of Pipeline | Army Corps | The Dakota Access Pipeline (DAPL) |
| 1/10/2025 | 90 FR 1909 | EPA | PROPOSED RULE; WITHDRAWAL Federal Baseline Water Quality Standards for Indian Reservations; Withdrawal of Proposed Rule EPA Withdrew Proposed Rule for Tribal Water Quality Standards |
| Environmental Proection Agendy (EPA) | ||
|---|---|---|
| Program Name | Summary | Weblink |
| Drinking Water Infrastructure Grant – Tribal Set Aside | Annual funding from EPA Regions to support design and construction of Tribal water infrastructure. Funding is prioritized to address the most significant public health threats posed by inadequate system infrastructure. | www.epa.gov/tribaldrinkingwater/drinking-water-infrastructure-grants-tribal-set-aside-program |
| Clean Water Indian Set Aside | Annual funding from EPA Regions to support design and construction of Tribal wastewater infrastructure. Funding is typically transferred to IHS, which oversees the infrastructure design and construction. | www.epa.gov/small-and-rural-wastewater-systems/clean-water-indian-set-aside-program |
| Tribal Public Water Supply System Supervision (PWSSS) Program | Funding to the Navajo Nation EPA and EPA Regions to help ensure they comply with drinking water standards and regulations. | www.epa.gov/tribaldrinkingwater/tribal-public-water-system-supervision-program |
| Tribal General Assistance Program (GAP) Grants | Funding to Tribes for planning, developing, and establishing environmental protection programs and for developing and implementing solid and hazardous waste programs on Tribal lands. | https://www.epa.gov/general-assistance-program-gap |
| Water Infrastructure Improvements for the Nation (WIIN) Grants | Funding through EPA Regions to increase the technical, managerial, and financial capacity of a public water system. Can be used for training, technical assistance, or infrastructure improvements. | https://www.epa.gov/tribaldrinkingwater/wiin-act-section-2104-assistance-small-and-disadvantaged-communities-tribal |
| Environmental Justice Grant Program | Up to $1,000,000 in grants (max. $200,000 each) to Tribes, States, and Communities to improve the environment and public health conditions of low-income and minority communities. | www.epa.gov/environmentaljustice/state-environmental-justice-cooperative-agreement-program |
| Alaska Native Villages and Rural Communities Water Grant Program | The program assists these communities with the construction of new or improved wastewater and drinking water systems. Communities can also use the funding for training and technical assistance in system operations and maintenance. | https://www.epa.gov/small-and-rural-wastewater-systems/alaska-native-villages-and-rural-communities-water-grant-program |
Updated: March 5, 2025
- Arizona v. Navajo Nation : Leaving a trickle of hope for water security on the Navajo reservation. Whiteman Runs Him, Heather (2025)
- The Navajo Nation and the Colorado River : Their current statuses and the Tribe’s path forward. Gregg, Colton (2025)
- A brief look at the legal history and current laws surrounding salmon in Washington. Choi, Anthony (2025)
- First in time since time immemorial : Tribal instream rights undercut water taking claims. Kibel, Paul Stanton , Wang, L. Victoria (2025)
- The erosion of trust : Arizona v. Navajo, climate change, and the potential abrogation of tribal water rights. Palermo, Taino (2025)
- “Major Funding Secured for Clean Drinking Water and Sanitation Infrastructure on Tribal Lands Through the Investing in America Agenda” Jan. 8, 2025 (Major Funding Secured for Clean Drinking Water and Sanitation Infrastructure on Tribal Lands Through the Investing in America Agenda | Global Water Institute)
- “Indian Affairs announces $42 million from President’s Investing in America agenda for Tribal dam safety, water and power projects” Indian Affairs announces $42 million from President’s Investing in America agenda for Tribal dam safety, water and power projects | Indian Affairs
- “Water Out of Nowhere: Technological Solutions to a Legal Failure on Salt River Reservation, 1910 – 1939”https://brooklynrail.org/2018/01/river-rail/Water-Out-of-Nowhere-Technological-Solutions-to-a-Legal-Failure-on-Salt-River-Reservation-1910-1939/
- “Dems Demand Halt To Trump Admin’s Tribal Program Cuts – Law360” – https://www.law360.com/nativeamerican/articles/2305711?nl_pk=6c220650-8024-4d32-ab0b-c37ffdef57e5&utm_source=newsletter&utm_medium=email&utm_campaign=nativeamerican&utm_content=2025-03-05&read_main=1&nlsidx=0&nlaidx=3
