January 31, 2019

NILL added new content to the Indian Law Bulletins on 1/31


Tulalip Tribe seal

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petitions for certiorari were filed recently in:
King Mountain Tobacco Company, Inc. v. United States (Tobacco; Federal Taxation)
Mitchell, et al. v. Tulalip Tribes of Washington (Tribal Authority to Tax)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Agua Caliente Band of Cahuilla Indians v. Riverside County (Indian Trust Lands - Possessory Interest Tax)
Stillaguamish Tribe of Indians v. Washington (Jurisdiction; Tribal Sovereign Immunity)
United States of America v. Merle Denezpi
(Double Jeopardy)
Winnemucca Indian Colony v. United States of America, Department of the Interior
(Attorneys' Fees; Equal Access to Justice Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
In re Interest of Audrey T. (Indian Child Welfare Act - Expert Witnesses)
Chemehuevi Indian Tribe v. Mullally (Attorneys' Fees)
In re Interest of Mercedes L. (Indian Child Welfare Act - Application of)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • Accessing traditional Kipuka: Protecting the storehouse of knowledge through the rule of law.
  • Stolen or lawful? A case review of an Indian tribe's claim to aboriginal land in California.
  • A clash between culture and law: A comparative look at the conflict between quiet title actions in Hawaii, the Kuleana Act of 1850, and the displacement of Indigenous people.
  • Best interest of the child.
  • Beyond VAWA: Protecting Native Women from sexual violence within existing tribal jurisdictional structures.
  • Agency pragmatism in addressing law's failure: The curious case of federal "deemed approvals" of tribal-state gaming compacts.
  • America's big league national monuments: Can President Trump make them smaller?

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Economic Development section, we feature an article about proposed legislation in Arizona restricting sports betting to tribal gaming facilities.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were introduced:
  • S.207: A bill to enhance tribal road safety, and for other purposes.
  • S.209: A bill to amend the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian Tribes, and for other purposes.
  • S.210: A bill to amend the Tribal Law and Order Act of 2010 and the Indian Law Enforcement Reform Act to provide for advancement in public safety services to Indian communities, and for other purposes.
  • S.211: A bill to amend the Victims Crime Act of 1984 to secure urgent resources vital to Indian victims of crime, and for other purposes.
  • S.212: A bill to amend the Native American Business Development, Trade Promotion, and Tourism Act of 2000, the Buy Indian Act, and the Native American Programs Act of 1974 to provide industry and economic development opportunities to Indian communities.
  • S.216: A bill to provide for equitable compensation to the Spokane Tribe of Indians of the Spokane Reservation for the use of tribal land for the production of hydropower by the Grand Coulee Dam, and for other purposes.
  • S.224: A bill to provide for the conveyance of certain property to the Tanana Tribal Council located in Tanana, Alaska, and to the Bristol Bay Area Health Corporation located in Dillingham, Alaska, and for other purposes.
  • S.227: A bill to direct the Attorney General to review, revise, and develop law enforcement and justice protocols appropriate to address missing and murdered Indians, and for other purposes.
  • S.229: A bill to provide advance appropriations authority for certain accounts of the Bureau of Indian Affairs and Bureau of Indian Education of the Department of the Interior and the Indian Health Service of the Department of Health and Human Services, and for other purposes.
  • S.256: A bill to amend the Native American Programs Act of 1974 to provide flexibility and reauthorization to ensure the survival and continuing vitality of Native American languages.
  • S.257: A bill to provide for rental assistance for homeless or at-risk Indian veterans, and for other purposes.
  • H.R.729: 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.779: To clarify the rights of Indians and Indian tribes on Indian lands under the National Labor Relations Act.
  • H.R.773: To provide for the transfer of certain Federal land in the State of Minnesota for the benefit of the Leech Lake Band of Ojibwe.
  • H.R.759: To restore an opportunity for tribal economic development on terms that are equal and fair, and for other purposes.
  • H.R.871: To expand the boundaries of the Bears Ears National Monument, to ensure prompt engagement with the Bears Ears Commission and prompt implementation of the Proclamation establishing the Bears Ears National Monument, and for other purposes.

January 23, 2019

NILL added new content to the Indian Law Bulletins on 1/22


Miccosukkee seal

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petitions for certiorari were filed recently in:
  • Sally Jim v. United States (Federal Taxation)
  • Miccosukee Tribe of Indians v. United States (Federal Taxation; Tribal General Welfare Exclusion Act)
  • Casino Pauma v. National Labor Relations Board (National Labor Relations Act; Employment Law)
  • McNeal, et ux. v. Navajo Nation (Jurisdiction; Torts)
  • Saint Regis Mohawk Tribe, et al. v. Mylan Pharmaceuticals, Inc., et al. (Tribal Sovereign Immunity)
Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Davilla v. Enable Midstream Partners L.P. (Easements; Trespass)
Koi Nation of Northern California v. United States of the Interior (Gaming - Restored Lands)

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature articles relating to support for the Indian Child Welfare Act.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were added:
  • H.R.558: To direct the Secretary of the Interior to establish a demonstration program to adapt the successful practices of providing foreign aid to underdeveloped economies to the provision of Federal economic development assistance to Native communities in similarly situated remote areas in the United States, and for other purposes.
  • H.R.453: To take certain Federal lands in Tennessee into trust for the benefit of the Eastern Band of Cherokee Indians, and for other purposes.
  • H.R.644: To approve the settlement of the water rights claims of the Navajo Nation in Utah, and for other purposes.

January 11, 2019

NILL added new content to the Indian Law Bulletins on 1/10/19

Seal of the Osage Nation

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petitions for certiorari were denied in the following on 1/7/19:
  • Stand Up for California! v. U.S. Dep’t of the Interior
  • Harvey, et al., v. Ute Indian Tribe of the Uintah and Ouray Reservation, et al.
  • Osage Wind, LLC, et al. v. United States
Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • The Tribal Franchise: An expression of tribal sovereignty and a potential solution to the problem of mass disenrollment.
  • August 2017-August 2018 case law on American Indians.
  • Rethinking the Federal Indian Status Test: A look at the Supreme Court's classification of the Freedmen of the Five Civilized Tribes of Oklahoma.
  • The colorful truth: The reality of Indigenous overrepresentation in juvenile detention in Australia and the United States.
  • Tribal tools & legal levers for halting fossil fuel transport & exports through the Pacific Northwest.
  • The presidential authority to reserve and modify national monuments under the Antiquities Act.
  • Just environmentalism.
Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
  • Brownstone v. Big Sandy Rancheria of Western Mono Indians et. al. (Contracts)
  • HCI Distribution, INC v. Peterson (Tobacco Products - Manufacturing and Distribution)
  • Menominee Indian Tribe of Wisconsin v. U.S. Environmental Protection Agency (Tribal Consultation; Clean Water Act; Mining)
  • Seneca Nation v. Cuomo (Easements)
  • Barron v. Alaska Native Tribal Health Consortium (Workplace Harassment; Tribal Sovereign Immunity)
State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
  • In re Children of Mary J. (Child Custody - Removal of Indian Children)
  • In re Shirley T. (Indian Child Welfare Act - Transfer to Tribal Court)
  • Matter of J.J.C. (Indian Child Welfare Act - Application of)|
  • In re J.Y. (Tribal Customary Adoption)
  • Matter of B.Y. (Indian Child Welfare Act - Termination of Parental Rights )
Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2018.html
Gallaher v. Colville Confederated Tribes (Right to Counsel)

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature articles about the impacts of the federal shutdown on Indian health services.
U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following was passed:
  • S.Res. 707: A resolution commemorating the 40th Anniversary of the Indian Child Welfare Act of 1978.
The following were added:
  • S.46: A bill to repeal the Klamath Tribe Judgement Fund Act.
  • H.R.195: To provide full-year appropriations for the Indian Health Service in the event of a partial lapse in appropriations, and for other purposes.
  • S.Res. 707: A resolution commemorating the 40th Anniversary of the Indian Child Welfare Act of 1978.
  • H.R.91: To authorize the Secretary of the Interior to assess sanitation and safety conditions at Bureau of Indian Affairs facilities that were constructed to provide affected Columbia River Treaty tribes access to traditional fishing grounds and expends funds on construction of facilities and structures to improve those conditions, and for other purposes.
  • H.R.184: To transfer administrative jurisdiction of certain Federal lands from the United States Army Corps of Engineers to the United States Bureau of Indian Affairs, to take such lands into trust for the Winnebago Tribe of Nebraska.
  • H.R.274: To authorize, direct, expedite, and facilitate a land exchange in Yavapai County, Arizona, and for other purposes.
  • H.R.312: To reaffirm the Mashpee Wampanoag Tribe reservation, and for other purposes.
  • H.R.317: 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.375: To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian Tribes, and for other purposes.
  • H.R.396: To provide for the equitable settlement of certain land disputes regarding land in Illinois, and for other purposes.
Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
The Department of the Interior, National Park Service, is requesting nominations for the Native American Graves Protection and Repatriation Review Committee.