1. A. Subject to the provisions of JM 5-1.300 and ENRD Directive No. 2024-02, United States Attorneys are authorized to initiate or otherwise litigate the specified ENRD civil cases concerning trust and restricted Indian lands, not involving new or unusual issues, issues of national significance, issues of water rights, claims regarding the diminishment or disestablishment of tribal reservation boundaries, or the abrogation of tribal treaty rights without prior authorization from the Environment and Natural Resources Division.
2. B. The actions described in paragraph A may be referred directly from the originating agency to the appropriate United States Attorney provided that the Chief, Indian Resources Section is notified immediately by receipt of a copy of the referral letter, including by email. The Indian Resources Section must be further advised in writing, including by email from the United States Attorney of any dispositive action taken on the referral including the filing of a complaint.
3. C. These cases described in paragraph A often relate to trespass or rights-of-way across trust or restricted lands. In particular, 25 U.S.C. § 357 provides federal courts with authority to condemn for public purposes allotments held in trust or restricted fee for individual Indians. The United States must be made a party to such an action. Subject to the provisions of JM 5-5.210 and ENRD Directive No. 2024-02, all actions described in paragraph A referred directly to a United States Attorney may be settled or dismissed without prior approval of the Assistant Attorney General provided the Indian tribe or individual involved concurs in the disposition. All other actions may not be dismissed or settled without the approval of the Assistant Attorney General.
4. D. Prior to the initiation of litigation on behalf of Indian tribes or their members or termination of such litigation, significant efforts should be made to consult with the individual Indians or tribes and their counsel to obtain their concurrence in the course of action proposed.

[updated August 2024]