Indian Law Bulletins Updated 6/21/2023

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2022-2023update.html

Two cases were decided on 6/15/2023:

• Haaland v. Brackeen (Indian Child Welfare Act)
• Lac du Flambeau Band of Lake Superior Chippewa Indians v. Brian W. Coughlin (Tribal sovereign immunity from suit under the Bankruptcy Code)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Unkechaug Indian Nation v. New York State Department of Environmental Conservation (Treaty Fishing Rights)
• Bad River Band of Lake Superior Tribe of Chippewa Indians of Bad River Reservation v. Enbridge Energy Company, Inc. (Public Nuisance; Trespass on Indian Lands)
• Friends of Alaska National Wildlife Refuges v. Haaland (Land Exchange Agreement; Mootness)
• Buena Vista Rancheria of Me-Wuk Indians v. Pacific Coast Building Products, Inc. (Nuisance; Trespass; Ripeness)
• Wilson v. Oglala Sioux Tribe Election Commission (Tribal Sovereign Immunity)
• Bowman v. Pathfinder Solutions, LLC (Improper Removal; Fee Land; Cayuga Nation Police Department)
• Mound v. United States (Federal Tort Claims Act; Sovereign Immunity)
• United States v. Sampson (Sentencing Disparity)
• United States v. Archer (Conspiracy; Securities Fraud)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2023.html

• Palmer v. Mohegan Tribal Gaming Authority (Negligence)
• Rude v. Orr (Modification of Parenting Plan)
• Shramek v. Mashantucket Pequot Gaming Enterprise (Dangerous Condition)
• Nambu v. Mashantucket Pequot Tribal Nation (Dram Shop Law)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• In re H.B. (Indian Child Welfare Act)
• In re Cal. E. (Indian Child Welfare Act)
• In the Matter of S. H. P., aka S. T., aka S. T., a Child (Indian Child Welfare Act)
• State ex rel. Delaware Tribe of Indians v. Nowicki-Eldridge (Indian Child Welfare Act)
• Seminole Tribe of Florida v. Manzini (Tribal Sovereign Immunity)
• The Miccosukee Tribe of Indians of Florida v. Lewis (Attorney's Fees)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• S.1889 - A bill to provide for the recognition of certain Alaska Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes.
• S.1898 - A bill to amend the Northwestern New Mexico Rural Water Projects Act to make improvements to that Act, and for other purposes.
• S.1941 - A bill to permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes.
• S.1987 - A bill to provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
• S.1998 - A bill to amend the Food Security Act of 1985 to include Indian Tribes in certain provisions relating to priority resource concerns.
• H.R.3976 - To amend the Coastal Zone Management Act of 1972 to authorize grants to Indian Tribes to further achievement of Tribal coastal zone objectives, and for other purposes.
• H.R.4155 - To provide for rental assistance for homeless or at-risk Indian veterans, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• American Indian Probate Regulations; Corrections (Interior)
• Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Codification of Onshore Orders 1, 2, 6, and 7 (Interior)
• Alaska Native Claims Selections (Interior)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• The constitutionality of VAWA 2022’s Special Tribal Criminal Jurisdiction and the native origins of restorative justice in combatting gender-based violence.
• Legislative constitutionalism and federal Indian law.
• Modernizing the Columbia River Treaty: Two proposals to elevate the ecosystem and to include tribes.
• Tribes, nations, states: Our three commerce powers.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html

This week, in brief:

• Boarding school legislation passes Senate Committee on Indian Affairs
• Enbridge ordered to end operations on tribal lands in Wisconsin
• 2 more tribes make historic co-management agreements with Oregon
• Indigenous farmers hope their knowledge of regenerative practices can influence others
• Criticism, praise directed at Chaco 10-mile buffer order issued by interior secretary
• The economic impact of SCOTUS upholding the Indian Child Welfare Act
• The Supreme Court upheld ICWA. Now what?
• The Supreme Court leaves Indian Child Welfare Act intact
• SCOTUS issues 8-1 ruling to strip tribal sovereign immunity from bankruptcy code
• Lawsuit that claims Native American vote was diluted by North Dakota lawmakers given to judge
• Fort Belknap tribal water settlement bill sees first-time bipartisan support
• A look at the water agreements the government is making with Native American tribes

Indian Law Bulletins Updated 06/07/2023

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2022-2023update.html

Two petitions for certiorari were filed:

• Conference of Presidents of Major Italian American Organizations v. City of Philadelphia (Injury in fact standing doctrine)
• Martin v. Sandoval County, New Mexico (Right to just compensation for private property taken for public use)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• In re North Dakota Legislative Assembly (Voting Rights Act; Legislative Privilege)
• In re Klamath Irrigation District (Water Rights; Writ of Mandamus)
• United States v. Fisher (Warrantless Search and Seizure)
• Richman and ex rel. C.R. v. Native Village of Selawik, et al. (Tribal Court Jurisdiction; Tribal Sovereignty)
• Brooks v. Branham (Monacan Indian Tribe; Intra-Tribal Disputes)
• Halverson v. Haaland (Partition and Conveyances; Estate Services)
• Jackson v. Blackfeet Enrollment Office (Tribal Sovereignty; Indian Civil Rights Act; Lack of Jurisdiction)
• Bibeau v. Commissioner of Internal Revenue (Treaty Rights; Indian Taxation)
• United States v. Michigan (Great Lakes Fisheries Management; Treaty Rights; Intervention)
• Oglala Sioux Tribe v. United States (Treaty Rights; Bad Men Clause; Tribal Law Enforcement Funding)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2023.html

• Tohono O'odham Nation v. Frank (Indian Civil Rights Act; Probation Revocation)
• Williams v. The Tulalip Tribes (Probation Revocation)
• In re Anita (Probate; Homesite)
• Galanos v. Mohegan Tribal Gaming Authority (Mohegan Torts Code; Spoilation; Negligence)
• In re Miller (Probate; Ancillary Probate in County Court)
• Rayton and Palmer v. Colville Confederated Tribes, et al. (Employment Termination; Internal Review Board Hearing)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• Tuluksak Native Community v. Department of Health and Social Services (Indian Child Welfare Act; Mental Health Treatment; Lack of Standing)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• S.1780 - A bill to amend the Indian Self-Determination and Education Assistance Act to allow the Secretary of Agriculture to enter into self-determination contracts with Tribal organizations to carry out the authority of the Food Safety and Inspection Service, and for other purposes.
• S.1783 - A bill to provide for the equitable settlement of certain Indian land disputes regarding land in Illinois, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Public Land Order No. 7923 for Public Lands Withdrawal Surrounding Chaco Culture National Historical Park Boundary; San Juan, Sandoval, and McKinley Counties, New Mexico (BLM)
• Notice of Purchased/Referred Care Delivery Area Redesignation for the Hoh Indian Tribe in the State of Washington (IHS)
• Receipt of Documented Petition for Federal Acknowledgment as an American Indian Tribe (Interior)
• Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2023 Harvest Specifications for Pacific Whiting, and 2023 Pacific Whiting Tribal Allocation (Commerce)
• Rural Business Development Grant (RBDG) Regulation: Tribes and Tribal Business References To Provide Equitable Access (USDA)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• Burning questions: Changing legal narratives on cannabis in Indian Country.
• “The center cannot hold”: Nation and narration in American Indian law.
• Copyright management information (CMI) as a tool to protect indigenous cultural works.
• The impact of climate change on the cultural identity of Indigenous Peoples and the nation’s first “climate refugees”.
• Indigenous boarding schools in the United States and Canada: Potential issues and opportunities for redress as the United States government initiates formal investigation.
• Intersectional management: An analysis of cooperation and competition on American public lands.
• State ex rel. Matloff v. Wallace: Reversing course on subject matter jurisdiction.
• Surviving Castro-Huerta: The historical perseverance of the basic policy of Worcester v. Georgia protecting tribal autonomy, notwithstanding one Supreme Court opinion's errant narrative to the contrary.
• Two countries in crisis: Man camps and the nightmare of non-indigenous criminal jurisdiction in the United States and Canada.
• United States v. Cooley: A step towards tribal sovereignty.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html

This week, in brief:

• History made as first Navajo appointed U.S. federal judge in California
• Feds withdraw land around Chaco from drilling
• Utah’s latest attack on the Antiquities Act
• New laws back Indigenous students wearing tribal regalia at graduation
• US Army to return 5 Native ancestors to their descendants this fall
• Montana acts to protect Native American priority in adopting Native children

Indian Law Bulletins Updated 05/26/2023

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2022-2023update.html

One petition for certiorari was filed on 5/11/23:

• Klamath Irrigation District v. United States Bureau of Reclamation (Rule 19, Water Rights)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Eagle Bear, Inc. v. Blackfeet Indian Nation (Additional Discovery)
• Slate v. Makes Cents, Inc. (Sovereign Immunity)
• McAlister v. Alaska (Racial Discrimination)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• S.1723 - A bill to establish the Truth and Healing Commission on Indian Boarding School Policies in the United States, and for other purposes.
• H.R.3403 - To amend part B of title IV of the Social Security Act to require States to comply with Federal standards established under the Indian Child Welfare Act of 1978.
• H.R.3427 - To extend Federal recognition to the Mono Lake Kutzadikaa Tribe, and for other purposes.
• H.R.3461 - To amend part B of title IV of the Social Security Act to require States to comply with Federal standards established under the Indian Child Welfare Act of 1978.
• H.R.3579 - To require the Bureau of Indian Affairs to process and complete all mortgage packages associated with residential and business mortgages on Indian land by certain deadlines, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Notice of Intended Disinterment (Defense)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• Accountability for the harms of indigenous boarding schools: The challenge of "healing the persisting wounds" of "historic injustice".
• Beyond Indian Country: The sovereign powers of Alaska tribes without reservations.
• Bringing to light: Reflections on Professor Yamamoto's "Social Healing Through Justice" and the potential of the California Truth & Healing Council.
• Johnson v. M’Intosh: 200 years of racism that runs with the land.
• People ex rel. K.C. v. K.C.: ICWA is for all Native children.
• Pūpūkahi i holomua: Critical lessons of social healing through justice for Native Hawaiians redress in Canada and its human rights legacy.
• A social healing approach to Native Hawaiian claims: Law and resistance at Maunakea.
• Toward mutual recognition: An investigation of oral tradition evidence in the United States and Canada.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html

This week, in brief:

• Senator Warren revives Indian boarding school legislation with bipartisan support
• Bridging the information gap between tribes and the rest of California
• Biden administration pauses copper mining project on Oak Flat, a sacred Apache site
• At graduations, Native American students seek acceptance of tribal regalia
• The Supreme Court v. Peyote | More Perfect Podcast
• Who gets to adopt Native children?
• Montana TikTok ban brings questions about digital sovereignty
• State MMIP coordinator says initiative is growing in Alaska, Lower 48