May 28, 2015

NILL added new content to the Indian Law Bulletins on 5/28

U.S. Supreme Court Bulletin
Petition for Certiorari was denied for Stop the Casino 101 v. Brown (Validity of Gaming Compact) on 5/26/15. 

State Courts Bulletin
Phillip v. State (Fishing Rights)

United States Federal Trial Courts Bulletin
Confederated Salish and Kootenai Tribes v. United States Department of Interior (Indian Water Rights)

News Bulletin
In the Voting section, we feature an article about the Department of Justice legislative proposal to improve access to voting in Indian Country.

Law Review & Bar Journal Indian Law Bulletin
We feature an article on the Indian Child Welfare Act's waning power after Adoptive Couple v. Baby Girl.

Regulatory Bulletin
We feature proposed rules of the Department of Housing and Urban Development regarding housing for the homeless.

U.S. Legislation Bulletin
We added 17 new bills this week:
S.494: Authorizing Alaska Production Act.
S.947: A bill to amend the Internal Revenue Code of 1986 to permanently extend the depreciation rules for property used predominantly within an Indian reservation.
H.R.329: Indian Employment, Training and Related Services Consolidation Act of 2015.
H.R.387: Economic Development Through Tribal Land Exchange Act.
H.R.511: Tribal Labor Soveriegnty Act of 2015.
H.R.1082: Building upon Unique Indian Learning and Development Act
H.R.395: Indian Health Service Advance Appropriations Act of 2015.
H.R.1127: To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to make certain grants to assist nursing homes for veterans located on tribal lands.
H.R.1842: Indian Health Service Health Professions Tax Fairness Act of 2015.
S.132: Oregon and California Land Grant Act of 2015.
S.816: A bill to amend the Coquille Restoration Act to clarify certain provisions relating to the management of the Coquille Forest.
H.R.487: To allow the Miami Tribe of Oklahoma to lease or transfer certain lands.
S.872: Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act.
H.R.184: Lumbee Recognition Act.
S.438: IRRIGATE Act.
H.R.238: American Indian Empowerment Act of 2015.
H.R.1729: To amend the Migratory Bird Treaty Act to exempt certain Alaskan Native articles from prohibitions against sale of items containing nonedible migratory bird parts, and for other purposes.

May 21, 2015

NILL added new content to the Indian Law Bulletins on 5/21

U.S. Supreme Court Bulletin See the May 21, 2015, Update Memoranda at the Tribal Supreme Court Project website.

U.S. Courts of Appeals Bulletin
Quechan Tribe of Fort Yuma Indian Reservation v. United States (Fiduciary Duty - Health Care)
Tremblay v. Mohegan Sun Casino (Age Discrimination; Tribal Casinos)
Fort Yates Public School District #4 v. Murphy (Jurisdiction; Tribal Sovereign Immunity)
Belcourt Public School District v. Davis (Jurisdiction; Defamation)

State Courts Bulletin
Seminole Tribe of Florida v. Florida (State Taxation - Rental; State Taxation - Utilities)
Idaho v. Coeur d'Alene Tribe (Indian Gaming - Class III)

United States Federal Trial Courts Bulletin
Griffith v. Caney Valley Public Schools (Freedom of Religion; Education Policy)
Mesa Grande Band of Mission Indians v. United States (Tribal Land Rights)
Fort Sill Apache Tribe v. National Indian Gaming Commission and Chaudhuri (Indian Gaming; National Indian Gaming Commission - Notice of Violation)

News Bulletin
In the Culture & Tradition section, we feature an article about the international human rights court.

Law Review & Bar Journal Indian Law Bulletin
One of the articles featured is about climate justice and displacement.

Regulatory Bulletin
We feature a notice of the Bureau of Indian Education about the availability of grants to tribes and their tribal education departments.

U.S. Legislation Bulletin
We added 11 new bills:
S.1177: Every Child Achieves Act of 2015.
S.818: A bill to amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.
S.815: Cow Creek Umpqua Land Conveyance Act.
H.R.1730: To amend the Alaska Native Claims Settlement Act to provide that Alexander Creek, Alaska, is and shall be recognized as an eligible Native village under that Act, and for other purposes.
H.R.1632: Samish Indian Nation Land Conveyance Act of 2015.
H.R.1296: To amend the San Luis Rey Indian Water Rights Settlement Act to clarify certain settlement terms, and for other purposes.
H.R.1157: Santa Ynez Band of Chumash Mission Indians Land Transfer Act of 2015.
H.R.1028: Return of Certain Lands at Fort Wingate to The Original Inhabitants Act.
H.R.872: To extend Federal recognition to the Chickahominy Indian Tribe, the Chickahominy Indian Tribe-Eastern Division, the Upper Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan Indian Nation, and the Nansemond Indian Tribe.
H.R.1068: Tribal Transportation Self-Governance Act of 2015.
H.R.996: Northern Rockies Ecosystem Protection Act.

Bloomberg BNA publishes a new Tax Management Portfolio

Bloomberg BNA recently released a new State Tax Portfolio entitled State Taxation of American Indians, the Tribes, and Those Doing Business With Them: Sovereignty, Indian Commerce Clause, Treaties and Statutes (Multistate 1440, ISSN 1083-2289). Written by Professor Richard D. Pomp, of the University of Connecticut School of Law, the portfolio focuses on the Indian Commerce Clause and offers a detailed analysis and discussion of prominent U.S. Supreme Court cases and other seminal Indian tax cases. The portfolio identifies the applicable jurisprudents and rules governing the state taxation of Indians, tribes, and those doing business with them. A description and table of contents are available through the NILL catalog. For more information, or to purchase a copy of the portfolio, contact Bloomberg BNA.

screen shot of IRS web page
For those looking for information on federal taxation of Indian tribes, the IRS has a website with links to information on topics such as taxation of per capita payments from trust funds and income from casinos or natural resources, as well as a link to published guidance such as revenue rulings and private letter rulings.

May 15, 2015

NILL added new content to the Indian Law Bulletins on 5/15

* U.S. Courts of Appeals Bulletin
Colbert v. United States (Self-Determination Contract; Wrongful Death)
City of Duluth v. Fond Du Lac Band of Lake Superior Chippewa (Indian Gaming - Tribal-State Contracts)
Yurok Tribe v. Department of the Interior (Self-Determination Contracts)

* State Courts Bulletin
Loya v. Gutierrez (Indemnification; Tribal Police)

* United States Federal Trial Courts Bulletin
Team Systems International, LLC v. Haozous (Second Amendment; Sovereign Immunity)
Bear v. The County of Jackson (Voting Discrimination; Equal Opportunity)

* News Bulletin
In the Tribal Government section, we feature an article legislation to reverse National Labor Relations Board jurisdictions over Indian tribal governments.

* Law Review & Bar Journal Indian Law Bulletin
One of the featured articles is on the topic of tribal disenrollment, and another is on a ruling in a class action law suit regarding Indian Child Welfare Act hearings.

* Regulatory Bulletin
We feature proposed rules from the Department of Interior regarding exempting certain records in the Indian Arts and Crafts Board system of records from one or more provisions of the Privacy Act.

May 8, 2015

NILL added new content to the Indian Law Bulletins on 5/08

drawing of gavel
* U.S. Courts of Appeals Bulletin
Wisconsin v. Ho-Chunk Nation (Indian Gaming - Electronic Poker; Tribal-State Compact)

* State Courts Bulletin
J.N.T. v. Cullman County Department of Human Resources (Indian Child Welfare Act - Termination of Parental Rights)
Payton S. v. State of Alaska, Department of Health and Social Services (Indian Child Welfare Act - Termination of Parental Rights; Child in Need of Aid)
Lavallie v. Lavallie (Indian Child Welfare Act - Concurrent Jurisdiction)

* United States Federal Trial Courts Bulletin
Jamul Action Committee v.  Chaudhuri ( Repatriation; Indian Gaming)
Navajo Health Foundation—Sage Memorial Hospital, INC. v. Burwell (Indian Health Service - Contracts; Indian Self Determination and Education Assistance Act)
Vogel v. CA Inc. (Labor & Employment - Race Discrimination)

* News Bulletin
In the Intergovernmental section, we feature an article on a ruling that may help increase tribal oil revenues.

* Law Review & Bar Journal Indian Law Bulletin
One of the articles discusses how Arizona v. California left an unwanted cloud over the Colorado river basin.

* Regulatory Bulletin
We feature adopted rules of the Department of Interior relating to Indian oil valuation amendments.