Interior: $580M headed to 15 tribes to fulfill water rights

Legal Issues

Fifteen Native American tribes will get a total of $580 million in federal money this year for water rights settlements, the Biden administration announced Thursday.

The money will help carry out the agreements that define the tribes’ rights to water from rivers and other sources and pay for pipelines, pumping stations, and canals that deliver it to reservations.

“Water rights are crucial to ensuring the health, safety and empowerment of Tribal communities,” U.S. Interior Secretary Deb Haaland said in a statement Thursday that acknowledged the decades many tribes have waited for the funding.

Access to reliable, clean water and basic sanitation facilities on tribal lands remains a challenge across many Native American reservations.

The U.S. Supreme Court ruled in 1908 that tribes have rights to as much water as they need to establish a permanent homeland, and those rights stretch back at least as long as any given reservation has existed. As a result, tribal water rights often are senior to others’ in the West, where competition over the dwindling resource is often fierce.

But in many cases, details about those water rights were not specified and have had to be determined in the modern era. Many tribes opted for settlements because litigation over water can be expensive and drawn out, with negotiations involving states, cities, private water users, local water districts and others that can take years, if not decades.

Of the funding announced Thursday, $460 million comes from the $2.5 billion set aside for Native American water rights settlements in the Biden administration’s infrastructure bill. A federal fund created by Congress in 2009 to pay for water rights settlements will contribute the other $120 million.

About $157 million will go to the Confederated Salish and Kootenai Tribes in Montana. The federal government signed the tribes’ water rights compact in 2021 and promised over the following decade to fund the rebuilding of an irrigation project on the Flathead Indian Reservation constructed in the 1900s.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.

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