March 24, 2017

NILL added new content to the Indian Law Bulletins on 3/24

U.S. Supreme Court Bulletin
Petition was denied in Meyers v. Oneida Tribe of Indians of Wisconsin (Tribal Sovereign Immunity) on 3/20/17 and filed in Central New York Fair Business Association v. Zinke (Land into Trust) on 3/9/17.

The Hopi TribeU.S. Federal Courts Bulletin
Yazzie v. U.S. Environmental Protection Agency (Clean Air Act - Federal Implementation Plan)
Hopi Tribe v. U.S. Environmental Protection Agency (Clean Air Act - Federal Implementation Plan)
A.D. v. Washburn (Indian Child Welfare Act - Unconstitutional)

State Courts Bulletin
Kaplan v. State (State Taxation)

News Bulletin
In the Health & Welfare section, we feature articles about a recent court decision relating to the constitutionality of the Indian Child Welfare Act.

Law Review & Bar Journal Bulletin
The mascot manifesto: Challenging the constitutionality of Section 2(a) of the Lanham Act in a heightened era of political correctness.

U.S. Legislation Bulletin
Three bills were added:
H.R.669: Columbia River In-Lieu and Treaty Fishing Access Sites Improvement Act.
S.691: A bill 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.1650: To establish a national, research-based, and comprehensive home study assessment process for the evaluation of prospective foster parents and adoptive parents and provide funding to States and Indian tribes to adopt such process.

March 17, 2017

NILL added new content to the Indian Law Bulletins on 3/17

The Tribal Supreme Court Project has added the following information:
* The Nomination of Neil Gorsuch to the Supreme Court of the United States – An Indian Law Perspective
* Gorsuch:  Summary of Indian Law Cases
Find at the Project website under Updates and Articles.
Round Valley Indian Tribes of California seal

U.S. Federal Courts Bulletin
Tavares v. Whitehouse (Indian Civil Rights Act - Exclusion of Members)
Round Valley Indian Tribes of California v. United States Department of Transportation (Public Transportation Project - Sacred Places)
Union Pacific Railroad Company v. Runyon (Necessary Party; Fishing Rights)
Frank's Landing Indian Community v. National Indian Gaming Commission (Indian Gaming Regulatory Act - Indian Tribe)

News Bulletin
In the Economic Development section, we feature an article about a Washington State case confirming treaty rights to travel and trade across state lines free from taxation.

Law Review & Bar Journal Bulletin
Mediating NAGPRA: Bringing cultural consideration back to the table.
Pueblo Indian water rights: Charting the unknown.
Valuing sacred tribal waters within prior appropriation.
Religious accommodation, religious tradition, and political polarization.
Concealed carry to reduce sexual violence against American Indian women.
Key Indian child welfare resources.
The importance of measuring case outcomes in Indian Child Welfare cases.
Strengthening Indian children and families: Lessons from tribal court.
Improving outcomes in Indian Child Welfare cases: Strategies for state-tribe collaboration.
Legal challenges to ICWA: An analysis of current case law.
How the new ICWA regulations impact practice.
Understanding the 2016 Indian Child Welfare Act Regulations.
Tribal jurisdiction and the unauthorized practice of law.

U.S. Legislation Bulletin
Six bills were added:
S.607: A bill to establish a business incubators program within the Department of the Interior to promote economic development in Indian reservation communities.
H.R.1581: To amend the Communications Act of 1934 to add access to telecommunications and information services in Indian country and areas with high populations of Indian people to the universal service principle relating to access to such services in rural, insular, and high cost areas.
H.R.1528: To amend the Higher Education Act of 1965 in order to fulfill the Federal mandate to provide higher educational opportunities for Native American Indians.
S.664: A bill to approve the settlement of the water rights claims of the Navajo in Utah, to authorize construction of projects in connection therewith, and for other purposes.
H.R.1491: To reaffirm the action of the Secretary of the Interior to take land into trust for the benefit of the Santa Ynez Band of Chumash Mission Indians, and for other purposes.
H.R.1532: To reaffirm that certain land has been taken into trust for the benefit of the Poarch Band of Creek Indians, and for other purposes.

March 10, 2017

NILL added new content to the Indian Law Bulletins on 3/10

Agua Caliente Band of Cahuilla Indians logo

U.S. Federal Courts Bulletin
Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District (Tribal Water Rights - Groundwater)
Desert Water Agency v. U.S. Department of the Interior (Standing; Indian Lands - Taxation)
In re Money Center of America, Inc. (Bankruptcy; Tribal Sovereign Immunity)
United States v. Marwan Sadekni (Indian Health Service Hospital; Jurisdiction)

Tribal Courts Bulletin
Escalante and Lopez v. Sells District Council (Sovereign Immunity; Due Process)
Stoplman, et al. v. St. Croix Chippewa Indians of Wisconsin Tribal Council (Enrollment)
Father J. v. Mother A. (Child Custody; Uniform Child Custody Jurisdiction and Enforcement Act)
Carter v. Creek Casino Montgomery (Civil Procedure)

State Courts Bulletin
Rice v. McDonald (Indian Child Welfare Act - Application)

News Bulletin
We feature over 30 articles. One, in the Land & Water section, relates to a court victory regarding tribal water rights.

Law Review & Bar Journal Bulletin
Here are the articles featured this week:
Conceptions of Indigenousness in the case law of the European Court of Human Rights.
Money, mortgages, and the conquest of America.
Dignity as (self-)determination: Hopi sovereignty in the face of US dispossessions.
Make no bones about it: The need to reform the Native American Graves Protection and Repatriation Act.
What about the children? Extending tribal criminal jurisdiction to crimes against children.

U.S. Legislation Bulletin
Seven bills were added:
H.R.1274: State, Tribal, and Local Species Transparency and Recovery Act.
H.R. 1455: To provide for the restoration of Federal recognition to the Clatsop-Nehalem Confederated Tribes of Oregon, and for other purposes.
H.R.1417: 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.1404: To provide for the conveyance of certain land inholdings owned by the United States to the Tucson Unified School District and to the Pascua Yaqui Tribe of Arizona.
H.R.1306: Western Oregon Tribal Fairness Act.
H.R.1476: To amend the Internal Revenue Code of 1986 to permit individuals eligible for Indian Health Service assistance to qualify for health savings accounts.
H.R.1369: To amend the Indian Health Care Improvement Act to revise and extend that Act, and for other purposes.

U.S. Regulatory Bulletin
We feature a notice from the Bureau of Indian Affairs regarding an updated list of designated tribal agents for service of notice for Indian Child Welfare Act compliance.

March 1, 2017

NILL added new content to the Indian Law Bulletins on 3/1

Mashantucket Pequot Tribal Nation

U.S. Supreme Court Bulletin
Petition was filed in Sun v. Mashantucket Pequot Gaming Enterprise (Jurisdiction; Due Process) on January 3, 2017.
Petition was denied in Alto v. Jewell (Disenrollment) on February 27, 2017.

U.S. Federal Courts Bulletin
State of Wyoming v. United States Environmental Protection Agency (Reservation Diminishment)
Bruguier v. Lac du Flambeau Band of Lake Superior Chippewa Indians (Employment - Wrongful Termination)
Fort Sill Apache Tribe v. National Indian Gaming Commission (Gaming - Tribal Lands)

Tribal Courts Bulletin
Becenti-Aguilar v. Begay (Tribal Elections)
Calflooking v. Tulalip Tribes (Criminal Law - Exclusion)

State Courts Bulletin
Lundgren v. Upper Skagit Indian Tribe (In Rem Jurisdiction; Tribal Sovereign Immunity)
In re Adoption of A.R. (Indian Child Welfare Act; Posthumous Adoptions)

News Bulletin
In the Recognition and Enrollment section, we feature an article about the U.S. Supreme Court's refusal to hear a tribal disenrollment case.

Law Review & Bar Journal Bulletin
Here are the articles featured this week:
Congress resurrects a Native harvest and creates potential for conflict in migratory bird management.
The legislative history of the McCarran amendment: An effort to determine whether Congress intended for State court jurisdiction to extend to Indian reserved water rights.
The control of air pollution on Indian reservations.

U.S. Legislation Bulletin
Two bills were added:
S.458: A bill to support the education of Indian children.
S.465: A bill to provide for an independent outside audit of the Indian Health Service.