Solicitor's Opinions

**All Solicitor M-Opinions, 1993 to Present -** **M-Opinion Index**
Date	Opinion Number	Subject/Description
2025/02/28	Review Memo	Memorandum suspending M-Opinions numbered M-37065 through M-37084 for review
2025/05/01	M-37086	Withdrawal of Solicitor’s Opinion M-37067 and Reinstatement of M-Opinion 37059, "Secretary’s Duty to Prevent Interference with Reasonable Uses of Exclusive Economic Zone, the High Seas, and the Territorial Seas in Accordance with Outer Continental Shelf Lands Act Subsection 8(p), 'Alternate Energy-related Uses on the Outer Continental Shelf'"
2025/04/11	M-37085	Withdrawal of Solicitor Opinion M-37065 "Permanent Withdrawal of Solicitor Opinion M-37050 'The Migratory Bird Treaty Act Does Not Prohibit Incidental Take'"
2025/01/17	M-37084	(Under Suspension Review) Authority of the Secretary to Take Land into Trust for the United Keetoowah Band of Cherokee Indians in Oklahoma for Gaming Purposes within the Cherokee Reservation
2025/01/16	M-37083	(Under Suspension Review) Trust Relationship between the United States and the Native Hawaiian Community, and Administration of the Hawaiian Home Lands
2025/01/16	M-37082	(Under Suspension Review) Request from the Pueblo of San Felipe to Review Interior Board of Land Appeals Opinion Filed August 31, 2017, Pueblo of San Felipe, 191 IBLA 53
2025/01/10	M-37081	(Under Suspension Review) Resolution of Questions About the Water Rights of the Black Canyon of the Gunnison National Park and the Wayne N. Aspinall Unit of the Colorado River Storage Project
2024/05/21	M-37080	(Under Suspension Review) Adjudication of Alaska Native Village Corporation Land Selections Made under Section 12(b) of the Alaska Native Claims Settlement Act
2024/02/01	M-37079	(Under Suspension Review) Partial Withdrawal of Solicitor’s Opinion M-36975, "Governmental Jurisdiction of Alaska Native Villages Over Land and Nonmembers," and Clarification of Tribal Jurisdiction Over Alaska Native Allotments
2023/05/31	M-37078	(Under Suspension Review) National Wildlife Refuge Land Exchanges
2023/05/16	M-37077	(Under Suspension Review) Use of Mining Claims for Mine Waste Deposition, and Rescission of M-37012 and M-37057
2022/11/16	M-37076	(Under Suspension Review) The Secretary's Land into Trust Authority for Alaska Natives and Alaska Tribes Under the Indian Reorganization Act and the Alaska Indian Reorganization Act
2022/04/15	M-37075	(Under Suspension Review) Withdrawal of M-37046 and Reinstatement of M-37039, "The Bureau of Land Management's Authority to Address Impacts of its Land Use Authorizations Through Mitigation"
2022/02/18	M-37074	(Under Suspension Review) The Scope of a Railroad’s Rights under the General Railroad Right-of-Way Act of March 3, 1875 – Withdrawal of Solicitor’s Opinion M-37048 and Reinstatement of Solicitor’s Opinion M-37025
2022/02/04	M-37073	(Under Suspension Review) Opinion Regarding the Status of Mineral Ownership Underlying the Missouri River Within the Boundaries of the Fort Berthold Reservation (North Dakota)
2022/01/25	M-37072	(Under Suspension Review) Authority to Cancel Improperly Renewed Twin Metals Mineral Leases and Withdrawal of M-37049, “Reversal of M-37036, ‘Twin Metals Minnesota Application to Renew Preference Right Leases (MNES-01352 and MNES-01353)’”
2021/10/12	M-37071	(Under Suspension Review) Continuation of BSEE Inspection Fee Collection Authority during a Continuing Resolution
2021/04/27	M-37070	(Under Suspension Review) Withdrawal of Certain Solicitor M-Opinions, Reinstatement of Sol. Op. M-37029 "The Meaning of ‘Under Federal Jurisdiction’ for Purposes of the Indian Reorganization Act," and Announcement Regarding Consultation on “Under Federal Jurisdiction” Determinations (Withdraws: M-37054 and M-37055)
2021/04/27	M-37069	(Under Suspension Review) Withdrawal of M-37064 and Announcement of Consultation on the Department’s Interpretation of the Indian Reorganization Act and the Alaska Native Claims Settlement Act in Connection with the Secretary’s Land into Trust Authority
2021/04/16	M-37068	(Under Suspension Review) Withdrawal of M-37062, "Secretarial Discretion in Promulgating a National Outer Continental Shelf Oil and Gas Leasing Program"
2021/04/09	M-37067	Secretary’s Duties under Subsection 8(p)(4) of the Outer Continental Shelf Lands Act When Authorizing Activities on the Outer Continental Shelf
2021/03/19	M-37066	(Under Suspension Review) Permanent Withdrawal of M-37056, “Status of Mineral Ownership Underlying the Missouri River within the Boundaries of the Fort Berthold Indian Reservation (North Dakota)”
2021/03/08	M-37065	Permanent Withdrawal of Solicitor Opinion M-37050, “The Migratory Bird Treaty Act Does Not Prohibit Incidental Take”
2021/01/19	M-37064	Permanent Withdrawal of Solicitor Opinion M-37043, “Authority to Acquire Land into Trust in Alaska”
2021/01/15	M-37063	Withdrawal of Solicitor Opinion M-36936, “Application of Eagle Protection and Migratory Bird Treaty Acts to Reserved Indian Hunting Rights;” Solicitor Opinion M-36926, “Application of the Endangered Species Act to Native Americans with Treaty Hunting and Fishing Rights;” and Solicitor Opinion M-27690, “Migratory Bird Treaty Act”
2021/01/13	M-37062	Secretarial Discretion in Promulgating a National Outer Continental Shelf Oil and Gas Leasing Program
2021/01/11	M-37061	Bureau of Safety and Environmental Enforcement’s Obligations to Consider Applications for Permits to Drill/Modify in a Timely Manner
2020/12/22	M-37060	Authority of the Secretary of the Interior to Disapprove Geological and Geophysical Permit Applications Based on National Security or Defense Considerations
2020/12/14	M-37059	Secretary's Duty to Prevent Interference with Reasonable Uses of Exclusive Economic Zone, the High Seas, and the Territorial Seas in Accordance with Outer Continental Shelf Lands Act Subsection 8(p), Alternate Energy-related Uses on the Outer Continental Shelf
2020/12/14	M-37058	Exercise of the Water Right for Black Canyon of the Gunnison National Park in the Context of Congressional Authorization for the Bureau of Reclamation's Aspinall Unit
2020/08/17	M-37057	Authorization of Reasonably Incident Mining Uses on Lands Open to the Operation of the Mining Law of 1872
2020/05/26	M-37056	Status of Mineral Ownership Underlying the Missouri River within the Boundaries of the Fort Berthold Indian Reservation (North Dakota)
2020/03/09	M-37055	Withdrawal of Solicitor's Opinion M-37029, "The Meaning of 'Under Federal Jurisdiction' for Purposes of the Indian Reorganization Act"
2020/03/09	M-37054	Interpreting the Second Definition of "Indian" In Section 19 of the Indian Reorganization Act of 1934
2018/06/29	M-37053	Withdrawal of Solicitor Opinion M-37043, "Authority to Acquire Land into Trust in Alaska" Pending Review
2018/06/08	M-37052	Partial Suspension and Temporary Withdrawal of Solicitor Opinion M-37044, “Opinion Regarding the Status of Mineral Ownership Underlying the Missouri River within the Boundaries of the Fort Berthold Reservation (North Dakota)”
2018/02/21	M-37051	The Authority of the Secretary to Transfer Areas Within the Uncompahgre Reservation under Section 3 of the Indian Reorganization Act
2017/12/22	M-37050	The Migratory Bird Treaty Act Does Not Prohibit Incidental Take
2017/12/22	M-37049	Reversal of M-37036, "Twin Metals Minnesota Application to Renew Preference Right Leases (MNES-01352 and MNES-01353)"
2017/09/01	M-37048	Withdrawal of Solicitor’s Opinion M-37025 issued on November 4, 2011, and Partial Withdrawal of Solicitor’s Opinion M-36964 issued on January 5, 1989
2017/07/07	M-37047	Withdrawal of M-37038, "Tribal Treaty and Environmental Statutory Implications of the Dakota Access Pipeline"
2017/06/30	M-37046	Withdrawal of M-37039, "The Bureau of Land Management's Authority to Address Impacts of its Land Use Authorizations Through Mitigation"
2017/01/18	M-37045	Reaffirmation of the United States' Unique Trust Relationship with Indian Tribes and Related Indian Law Principles
2017/01/18	M-37044	Opinion Regarding the Status of Mineral Ownership Underlying the Missouri River within the Boundaries of the Fort Berthold Reservation (North Dakota)
2017/01/13	M-37043	Authority to Acquire Land into Trust in Alaska
2017/01/12	M-37042	Authority of the U.S. Fish and Wildlife Service to Manage Non-Federal Oil and Gas Activities Underlying National Wildlife Refuges
2017/01/10	M-37041	Incidental Take Prohibited Under the Migratory Bird Treaty Act
2016/12/22	M-37040	Reconsideration of the Lumbee Act of 1956
2016/12/21	M-37039	The Bureau of Land Management's Authority to Address Impacts of its Land Use Authorizations through Mitigation
2016/12/04	M-37038	Tribal Treaty and Environmental Statutory Implications of the Dakota Access Pipeline
2016/06/08	M-37037	Implementation of the Indian Child Welfare Act by Legislative Rule
2016/03/08	M-37036	Twin Metals Minnesota Application to Renew Preference Right Leases (MNES-01352 and MNES-01353)
2016/02/18	M-37035	Partial Withdrawal of Solicitor's Opinion M-36974, Inspector General's Report on Land Acquisitions
2016/01/15	M-37034	Boundary of the Skokomish Reservation along the Skokomish River
2016/01/15	M-37033	Opinion Regarding the Status of the Bed of the Clearwater River within the 1863 Treaty Boundaries of the Nez Perce Reservation (Idaho)
2015/11/20	M-37032	Opinion on the Boundaries of the Mille Lacs Reservation
2015/05/01	M-37031	Legal Status of the Red Lake Band of Chippewa Indians' Restored Lands Assessed for Drainage Works by the State of Minnesota Under the Authority of the Volstead Act of 1908
2014/12/23	M-37030	Trinity River Division Authorization's 50,000 Acre-Foot Proviso and the 1959 Contract between the Bureau of Reclamation and Humboldt County
2014/03/12	M-37029	The Meaning of "Under Federal Jurisdiction" for Purposes of the Indian Reorganization Act
2013/06/21	M-37028	Applicability of the New Mexico Bureau of Land Management's Riparian Policy to Lands within the Boundaries of the Santa Clara Pueblo Grant
2013/06/07	M-37027	Boundary Dispute: Pueblo of Santa Ana Petition for Correction of the Survey of the South Boundary of the Pueblo of San Felipe Grant
2012/08/10	M-37026	Applicability of the Indian Land Consolidation Act's Lien Provisions to the Cobell Settlement
2011/11/04	M-37025	Partial Withdrawal of M-36964 - "Proposed Installation of MCI Fiber Optic Communications Line Within Southern Pacific Transportation Co.'s Railroad Right-of Way"
2011/05/04	M-37024	Withdrawal of M-37013 - The Meaning of "In Danger of Extinction Throughout All or a Significant Portion of its Range."
2009/01/18	M-37023	Applicability of 25 U.S.C. § 2719 to Restricted Fee Lands
2009/01/16	M-37022	Protest and Administrative Appeal of Biological Assessments – Livestock Grazing
2009/01/16	M-37021	The Meaning of “Foreseeable Future” in Section 3(20) of the Endangered Species Act
2009/01/16	M-37020	The Bureau of Land Management’s Authority To Issue Prospecting Permits for Energy Minerals on Bankhead-Jones Farm Tenant Act Lands
2009/01/15	M-37019	Revival of Offshore Oil and Gas Leases
2008/12/12	M-37018	U.S. Fish and Wildlife Service Authority under Section 4(c)(l) of the Endangered Species Act to Revise Lists of Endangered and Threatened Species to " Reflect Recent Determinations "
2008/10/03	M-37017	Guidance on the Applicability of the Endangered Species Act's Consultation Requirements to Proposed Actions Involving the Emissions of Greenhouse Gases
2008/10/03	M-37016	The Secretary's Authority to Exclude Areas from a Critical Habitat Designation under Section 4(b)(2) of the Endangered Species Act
2008/05/23	M-37015	Legal Implications Affecting the Importation of Sport-hunted Polar Bears from Canada Resulting from the Listing of the Polar Bear as a Threatened Species under the Endangered Species Act
2007/12/17	M-37014	Funding to States and Indian Tribes Under the Surface Mining Control and Reclamation Act of 1977, as Amended by the Tax Relief and Health Care Act of 2006
2007/02/23	M-37013	The Meaning of "In Danger of Extinction Throughout Allor a Significant Portion of its Range"
2005/11/14	M-37012	Legal Requirements for Determining Mining Claim Validity before Approving a Mining Plan of Operation
2005/11/14	M-37011	Rescission of 2001 Ancillary Use Opinion
2003/10/07	M-37010	Mill Site Location and Patenting under the 1872 Mining Law
2003/05/13	M-37008	Authority for the Bureau of Land Management to Consider Requests for Retiring Grazing Permits and Leases on Public Lands
2001/10/23	M-37007	Surface Management Provisions for Hardrock Mining
2001/01/18	M-37006	Great Sand Dunes National Park
2001/01/19	M-37005	Whether Public Lands Withdrawn by Executive Orders 6910 and 6964 or Established as Grazing Districts are "Reservations within the Meaning of Section 4(e) of the Federal Power Act”
2001/01/18	M-37004	Use of Mining Claims for Purposes Ancillary to Mineral Extraction
2001/01/18	M-37003	Binding Nature of Solicitor's M-Opinions on the Office of Hearings and Appeals
2001/01/19	M-37002	Eastern Boundary of the Sandia Pueblo Grant
2001/01/11	M-37001	Proposed New Mexico Standards and Guidelines for Grazing Administration; Evaluation and Recommendations
2000/12/05	M-37000	Boundary Dispute Between Santa Ana Pueblo and San Felipe Pueblo: The Secretary’s Authority to Correct Erroneous Surveys, Revisiting Part IV of Solicitor’s Opinion on ‘Pueblo of Sandia Boundary’ 96 I.D. 331 (1998)
1999/12/27	M-36999	Regulation of Hardrock Mining
1999/06/09	M-36998	Disposal of Mineral Materials from Unpatented Mining Claims
1999/10/19	M-36995	Proposed Gaming on the Hatch Tract in Lane County, Oregon, for the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians
1998/05/22	M-36994	Patenting of Mining Claims and Mill Sites in Wilderness Areas
1998/04/16	M-36993	Options Regarding Applications for Hardrock Mineral Prospecting Permits on Acquired Lands Near a Unit of the National Park System
1997/11/19	M-36992	Section 3406(b)(2) of the Central Valley Project Improvement Act
1997/09/19	M-36991	Whether lands taken in trust for Pokagon Band of Potawatomi Indians should be considered “restored” lands under Indian Gaming Regulatory Act (IGRA)
1997/11/12	M-36990	Entitlement to a Mineral Patent Under the Mining Law of 1872
1997/11/12	M-36989	Managing Areas Eligible for Protection Under the Wild & Scenic Rivers Act
1997/11/07	M-36988	Limitations on Patenting Millsites Under the Mining Law of 1872
1996/12/05	M-36987	BLM’s Authority to Recover Costs of Mineral Document Processing
1996/12/05	M-36986	Control of Surface Coal Mining Operations Under the Surface Mining Control and Reclamation Act
1996/08/16	M-36985	Whether the Circle of Nations Wahpeton Indian School Campus Constitutes Indian Country
1996/03/22	M-36984	Excess Reserves Under the Mining Law
1996/02/12	M-36983	What are Significant Revisions in the Five-Year Outer Continental Shelf (OCS) Oil and Gas Leasing Program
1995/03/30	M-36982	Entitlement to Water Under the Southern Arizona Water Rights Settlement Act (SAWRSA)
1994/11/29	M-36981	Implementation of the Oil Pollution Act of 1990 by the Minerals Management Service
1994/05/02	M-36980	Secretary’s Authority for Creating the National Biological Survey
1993/10/04	M-36979	Fishing Rights of the Yorok and Hoopa Valley Tribes
1993/01/11	M-36975	Governmental Jurisdiction of Alaska Native Villages Over Land and Nonmembers

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