This brief follows up on the recent AIPI Policy Explainer: Federal Trust Responsibility and Higher Education, which clarified the status of programs supporting American Indian students in higher education in response to recent legal and policy developments by explaining that Federal relationships with Tribal Nations and their citizens/members are based on political distinctions rather than racial classifications.

 

This explainer clarifies the status of programs supporting American Indian students in higher education in response to recent legal and policy developments. Federal relationships with Tribal Nations and their citizens/members are based on political distinctions rather than racial classifications. The framework outlined in this document reflects the federal government’s unique relationship with and obligations to Tribal Nations.

Legal Framework

The decision in  Loper Bright Enterprises v. Raimondo. is just as impactful as the U.S. Supreme Court overturning Roe v. Wade,  its ruling on Presidential immunity, or any of the other recent blockbuster decisions. On its face, Loper Bright appeared to be a rather benign case involving commercial fishing vessels and whether private parties had to pay for federal observers on those vessels for purposes of monitoring possible overfishing – a scenario with little relevance to most tribes.

It is imperative that communities review the accuracy of the data, as there will be no other opportunity to correct data in the future. The BEAD program is based on connecting Broadband Serviceable Locations (BSL), such as houses and apartment buildings, and Community Anchor Institutions (CAI), such as schools and libraries. Therefore, it is crucial that data on a BSL in a given area is accurate so that connectivity needs are addressed. Arizona’s BEAD challenge map is an interactive map that shows individual BSLs and CAIs and the information associated with those locations. This map should be reviewed to see if the state’s information on a given location is accurate.
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