Indian Law Bulletins Updated 12/21/21

This is the final bulletin update for 2021. See you all in 2022!

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• White Mountain Apache Tribe v. United States (Trust Relationship; Tucker Act)
• Alegre v. United States (Tribal Membership; Sovereign Immunity)
• Accohannock Indian Tribe v. Tyler (Tribal Recognition)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• Herrera v. Wyoming (Treaty Rights; Hunting Rights)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2021.html

• Thundercloud v. Ho-Chunk Nation Executive Branch (Tribal Law; Sovereign Immunity; Ho-Chunk Nation Legislature)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.Res.482 - A resolution recognizing the 50th anniversary of the Alaska Native Claims Settlement Act and the lasting impact of that Act on the State of Alaska and Alaska Native people.
• H.R.6331 - To permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes.
• H.R.6334 - To amend the Indian Self-Determination and Education Assistance Act to allow the Secretary of Agriculture to enter into self-determination contracts with Indian Tribes and Tribal organizations to carry out supplemental nutrition assistance programs.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• Tribal leaders hail historic nomination of Native woman to federal bench
• Religious gatekeeping in red-rock country
• Chief signs order asserting treaty right for citizens to hunt, fish in Cherokee Nation Reservation
• Yurok Tribe issues emergency declaration to raise awareness about missing and murdered Indigenous women
• NDN Collective using $50 million in funding to address Native American wealth gap
• Language, history, and traditions: Preserving tribal cultures across the United States
• A grim, long-hidden truth emerges in art: Native American enslavement
• A judge recognized violence against Native women in a case where a woman killed a White man, advocates say
• Including Indigenous interpretations: Montana librarians learn through cultural lens
• Native American Agriculture Fund spins off new financial institution to help Native farmers
• Tribal consultations announced for infrastructure programs
• The dead's right to remain buried: New York tribal members advocate for bill to protect unmarked graves

Indian Law Bulletins Updated 12/15/21

The Native American Rights Fund is hiring for the open position of Staff Attorney in Boulder or Washington D.C. Learn more about the vacancy at: https://www.narf.org/contact-us/join-team/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2021-2022update.html

• Two petitions for certiorari were filed last week on 12/3/21:
• United States v. Frey (Penobscot Indian Reservation; Penobscot River; Fishing and Hunting Rights)
• Penobscot Nation v. Frey (Maine Indian Settlement Acts; Water and Land Rights; Penobscot River)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• United States v. Benally (Criminal Conviction in Indian Country)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• In re Michelle C. (Indian Child Welfare Act; Parental Rights)
• Sipp v. Buffalo Thunder, Inc. (Indian Gaming; Gaming Compacts; Tribal Sovereign Immunity)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.3337 - A bill to protect Native children and promote public safety in Indian country.
• S.3381 - A bill 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.
• H.Res.846 - Recognizing the maternal health crisis among Indigenous women in the United States, which includes American Indian, Alaska Native, and Native Hawaiian women, recognizing the importance of reducing mortality and morbidity among Indigenous women, and calling for urgent Federal funding changes to ensure comprehensive, high-quality, and culturally competent maternal health and family planning services are available.
• H.R.6181 - To reaffirm that certain land has been taken into trust for the benefit of the Samish Indian Nation, and for other purposes.
• H.R.6238 - To amend the Omnibus Public Land Management Act of 2009 to increase Tribal access to water conservation and efficiency grants, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

• The (potential) legal history of Indian gaming.
• The Absentee Shawnees and the true story of Lake Thunderbird.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• National Tribal Trial College open admission: free six-month legal advocacy certificate
• Five tribes issue statement on Governor Stitt canceling hunting and fishing compacts
• Returning farmland to Yakama Nation is a step toward self-sufficiency tribes once had
• The Bears Ears shuffle
• Tribes weigh in as New Mexico redistricting bills advance
• Native New York: Dispelling the myth of the sale of Manhattan & more
• Meet Oneida 'Bingo Queens' Sandra Brehmer and Alma Webster, who started tribal gaming in Wisconsin 45 years ago
• BIA launches new missing and murdered Indigenous person's website dedicated to solving cases
• New opportunities and threats to Native American voting power discussed with Navajo Nation Council Delegate Kee Allen Begay, Jr.
• Decolonize your media this holiday season with these podcasts, TV shows, and books

Indian Law Bulletins Updated 12/8/21

The Native American Rights Fund is hiring for the open position of Staff Attorney in Boulder or Washington D.C. Learn more about the vacancy at: https://www.narf.org/contact-us/join-team/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• State of Alaska v. Federal Subsistence Board, Organized Village of Kake (Alaska National Interest Lands Conservation Act; Hunting and Fishing Rights)
• Sauk-Suiattle Indian Tribe v. City of Seattle (Jurisdiction; Hydroelectric Dams; Fisheries Settlement Agreement)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• State of Minnesota v. Randall (Public Law 280)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.3308 - A bill to authorize the Colorado River Indian Tribes to enter into lease or exchange agreements and storage agreements relating to water of the Colorado River allocated to the Colorado River Indian Tribes, and for other purposes.
• S.3328 - A bill to amend the Indian Civil Rights Act of 1968 to extend the jurisdiction of tribal courts to cover crimes involving sexual violence, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

• Tribes, vaccines, and COVID-19: A look at tribal responses to the pandemic.
• Tying a tribal officer's hands: Tribal law enforcement authority under United States v. Cooley.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• 'An ancestral fight': Tribal members condemn death penalty following Jones' clemency
• As Xcel maps its “power pathway,” how close is too close to the Sand Creek Massacre National Historic Site?
• Apache elders urge senator to protect Oak Flat
• Diné leaders speak in support of voting rights and the Navajo Nation’s proposed redistricting maps before the Arizona Independent Redistricting Commission
• Honor Chief Seattle by building fish passage through Skagit River dams
• Tribal leaders tell story of push for sovereignty in new Maine-made podcast
• Remembering Standing Rock five years later: Importance of Indigenous journalism
• Emerging Indigenous artists are mixing tradition with an urgent, organized message
• Killsback’s two-volume Cheyenne history wins second national book prize
• Colville mother's conviction raises justice issues facing Native women

Indian Law Bulletins Updated 12/1/21

The Native American Rights Fund Boulder office is hiring for the open position of Staff Attorney. Learn more about the vacancy at: https://www.narf.org/contact-us/join-team/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2021-2022update.html

• Two petitions for certiorari were filed this week on 11/17/21 and 11/19/21, respectively:
• Tanner v. Cayuga Nation (Indian Gaming Regulatory Act; Fee Lands; Reservation Disestablishment)
• Little Traverse Bay Bands of Odawa Indians v. Whitmer (Reservation Disestablishment)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.3273 - A bill to take certain land in the State of California into trust for the benefit of the Agua Caliente Band of Cahuilla Indians, and for other purposes.
• H.R.6097 - To facilitate contacts and cooperation, including commercial relationships, between Native American Tribes and Indigenous peoples in the Western Hemisphere, and for other purposes.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• U.S. voting material released in Apache, Navajo, and Yup'ik
• Tribal members disappointed after setback in fight over sacred burial site along U.S. 26 near Mt. Hood
• Return most federal land to Native Americans, op-ed argues
• The Osage Minerals Council seeks federal legislation facilitating return of Osage Headrights
• Federal committee says University of Alabama must return historic objects to tribes
• Arizona law allows Indigenous students greater expression at graduation
• Inuit Circumpolar Council concludes “EEE Workshops” to develop circumpolar protocols for equitable and ethical engagement of Inuit communities and Indigenous knowledge
• Fraudulent Native artist charged with violating Indian Arts and Crafts Act
• New Mexico aiming to consolidate MMIWR investigations
• Tribal homelands bill back on agenda in ‘new era’ of Indian Country relations
• Columnist Carrie N. Baker: The difference an Indigenous leader makes
• Wild horses, buffalo and the politics of belonging

Indian Law Bulletins Updated 11/24/21

The Native American Rights Fund Boulder office is hiring for the open position of Staff Attorney. Learn more about the vacancy at: https://www.narf.org/contact-us/join-team/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Eagle Bear, Inc. and William Brooke v. The Blackfeet Indian Nation and The Blackfeet Tribal Court (Tribal Court Jurisdiction)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• In the Matter of the Determination of the Rights to the Use of Surface Waters of the Yakima River Drainage Basin v. Acquavella (Water Rights)
• In the Matter of the Welfare of the Child of: L.L.H. and C.A.M., Parents. (Indian Child Welfare Act)
• Acres v. Marston (Tribal Sovereign Immunity; Indian Gaming; Tribal Courts)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.3242 - Prairie Band Potawatomi Nation Shab-eh-nay Band Reservation Settlement Act of 2021.
• S.3259 - A bill to amend the Internal Revenue Code of 1986 to recognize Indian tribal governments for purposes of determining under the adoption credit whether a child has special needs.
• S.3269 - 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.
• H.R.6063 - To provide for the equitable settlement of certain Indian land disputes regarding land in Illinois, and for other purposes.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• Interior secretary seeks to rid U.S. of derogatory place names, including those to Native Americans
• Broken US-Indigenous treaties: A timeline
• Utah Missing and Murdered Indigenous Women task force hears about jurisdiction issues in first meeting
• States fail to adequately address climate change: An Indigenous peoples' analysis of COP26 decisions
• Read and watch Secretary Haaland's historic remarks on the power of Indigenous representation on the 52nd anniversary of the Alcatraz Island Occupation
• Infrastructure bill amendment creates flexibility to serve urban Natives
• Native American kindergarten student punished for having long hair
• Four cultural centers that are opening up the conversation about Native American art and identity
• Native American chefs share Thanksgiving recipes

Indian Law Bulletins Updated 11/17/21

The Native American Rights Fund Boulder office is hiring for the open position of Staff Attorney. Learn more about the vacancy at: https://www.narf.org/contact-us/join-team/

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• Grossman v. Ciy of El Paso (Cultural Resources; Antiquities Code of Texas)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.3204 - A bill to direct the Secretary of the Interior to take into trust for the Pascua Yaqui Tribe of Arizona certain land in Pima County, Arizona, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

• United States v. Cooley.
• Race to jurisdiction: Forum determination in DV-related child custody actions when survivors flee across reservation lines.
• Anishinaabe-inaakonigewin: Principles for the intergenerational preservation of mino-bimaadiziwin.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• Overview of the National Indian Law Library
• Biden administration protects portion of New Mexico's Chaco Canyon from oil and gas leasing
• ICWA experts say state laws could protect Native families
• Interior Dept. creates tribal consultation committee; advocates hope model could improve other federal agencies
• Long-running battle over a sacred tribal site at Mount Hood back in court
• Redistricting leads to concern over diluted Indigenous voting power
• USDA announces a new focus on Indigenous food and agriculture
• Report: LGBTQ Native Americans face discrimination, healthcare disparities
• Hopi at crossroads of maintaining language for elected posts
• Little Shell Tribe opens health clinic in Montana
• UArizona Health Sciences study identifies breast cancer treatment disparities among Native American, Indigenous women
• U.S. judge won’t reconsider tribes’ bid to block Nevada mine
• ‘Indigenous identity and the land are inseparable’: Menominee Forest researcher to start podcast
• Why I'm thankful for Indigenous resistance

Indian Law Bulletins Updated 11/10/21

The Native American Rights Fund Boulder office is hiring for the open position of Staff Attorney. Learn more about the vacancy at: https://www.narf.org/contact-us/join-team/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html

• One petition for certiorari was filed this week on 11/4/21:
• Big Sandy Rancheria Enterprises v. Bonta (Indian Reorganization Act; Taxation)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Acres Bonusing, Inc. v. Marston (Tribal Sovereign Immunity)
• Bartell Ranch LLC v. McCullough (Lithium Mining; Federal Land Policy and Management Act; National Historic Preservation Act; Tribal Consultation)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• In re P.G. (Indian Child Welfare Act)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.Res.440 - A resolution recognizing National Native American Heritage Month and celebrating the heritages and cultures of Native Americans and the contributions of Native Americans to the United States.
• S.3168/H.R.5880 - A bill to amend the White Mountain Apache Tribe Water Rights Quantification Act of 2010 to modify the enforceability date for certain provisions, and for other purposes.
• S.3200/H.R.5855 - A bill to authorize the relinquishment and in lieu selection of land and minerals in the State of North Dakota, to restore land and minerals to Indian Tribes within the State of North Dakota, to conserve the Little Missouri National Grasslands, and for other purposes.
• H.R.5822 - To extend Federal recognition to the Edisto Natchez-Kusso Tribe of South Carolina, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

• Mountains, telescopes, and broken promises: The dignity taking of Hawai'i's ceded lands.
• Man camps and bad men: Litigating violence against American Indian women.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• Tribal law enforcement officials say McGirt strengthening public safety
• Historic alliance is formed in pursuit of improved Native American healthcare
• Harvard researchers blast Treasury’s ARPA tribal distribution formulas as ‘nothing short of shocking’
• Judge rejects a Trump-era water contract in a win for tribes in California
• Native American maps (and ideas) that shaped the nation
• 'Financial colonialism': A bitcoin mine in Navajo Nation flares tensions
• 11 influential Native American artists

Indian Law Bulletins Updated 11/3/21

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Corey Lee Dove v. Patuxent Facility (Religious Land Use and Institutionalized Persons Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• North Dakota v. Suelzle (Law Enforcement Jurisdiction)
• Rincon Band of Luiseno Mission Indians of the Rincon Reservation California v. Flynt (Indian Gaming; IGRA)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.3113 - A bill to authorize the Attorney General to make grants to State and Tribal courts in order to allow the electronic service of certain court orders, and for other purposes.
• S.3123 - A bill to amend the Siletz Reservation Act to address the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of Siletz Indians, and for other purposes.
• S.3126 - A bill to amend the Grand Ronde Reservation Act to address the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of the Grand Ronde Community, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

• Commandeering the Indian Child Welfare Act: Native American rights exception to Tenth Amendment challenges.
• Indian Country post-McGirt: Implications for traditional energy development and beyond.
• Mentorship, leadership, and being an Indigenous woman.
• A rite of passage: Perpetuating the invisibility of American Indian lawyers.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• Indian Country bills set for passage in U.S. House of Representatives
• Why protecting tribal rights is key to fighting climate change
• The University of Minnesota offers tuition waiver for Native American students
• One of America’s last remaining Native birchbark canoe builders launches elaborate 16-foot hunting boat constructed at Northwestern: ‘We don’t just take, we give back.’
• IHS and VA renew partnership to improve health of Native veterans
• Cherokee Nation responds to McGirt challenges
• The Lewis and Clark expedition from an Indigenous perspective
• Adapting to climate change by saving sacred seeds
• Donlin Gold mine jeopardizes a way of life in the Yukon-Kuskokwim Delta
• Economic impact study reveals Native tourism is a $14 billion industry
• Native tribes have lost 99% of their land in the United States
• Red Nation Film Festival: Native film festival founder focuses on telling Native stories onscreen

Indian Law Bulletins Updated 10/27/21

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Shingle Springs Band of Miwok Indians v. Caballero (Trademark Disputes)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• In the Matter of the Welfare of the Child of: F.J.V., Parent.(Indian Child Welfare Act)
• In re Benjamin M. v. Guadalupe G. (Indian Child Welfare Act)
• State of Oklahoma v. Lawhorn (McGirt v. Oklahoma, Quapaw Indian Reservation)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.3051 - A bill to assist Tribal governments in the management of buffalo and buffalo habitat and the reestablishment of buffalo on Indian land.
• H.R.5735 - To amend title VI of the Social Security Act to allow States and local governments to use coronavirus relief funds provided under the American Rescue Plan Act for infrastructure projects, improve the Local Assistance and Tribal Consistency Fund, provide Tribal governments with more time to use Coronavirus Relief Fund payments, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

• Abolition, settler colonialism, and the persistent threat of Indian child welfare.
• Twentieth century Black and Native activism against the child taking system: Lessons for the present.
• Assimilation, removal, discipline, and confinement: Native girls and government invention.
• Indigenous perspectives on corporate governance.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• Wisconsin Ojibwe tribes applaud state court's decision prohibiting Department of Natural Resources from issuing licenses to hunt wolves
• Quapaw Nation land affirmed as Indian Country
• Tribes want to stop jailing people for suicide attempts
• Navajo Nation pushes for radioactive waste remnants to be removed
• Good Medicine, Part 1: The Native American Community Clinic integrates Western and Indigenous traditional healing models to foster community resiliency
• Tribes ponder Commerce Department’s understanding of tribal broadband needs
• Decolonizing Idaho’s road signs
• EPA finally has an action plan to improve water infrastructure and sanitation for US tribes
• Book spotlights Native American women who lived on Mackinac Island
• ‘It’s who we are’: Apache people take fight for sacred site to federal court
• Stream these Indigenous-made films from the Portland Film Festival

Indian Law Bulletins Updated 10/20/21

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2021-2022update.html

• Two petitions for certiorari were granted this week on 10/18/21:
• Denezpi v. United States (Tribal Courts; Double Jeopardy; Court of Indian Offenses)
• Ysleta del Sur Pueblo v. Texas (Indian Gaming; Ysleta del Sur Pueblo and Alabama-Coushatta Indian Tribes of Texas Restoration Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Treasure v. Bureau of Indian Affairs (Tribal Sovereign Immunity)
• Blackcrow v. Confederated Salish and Kootenai Police Department (Tribal Police; Jurisdiction)
• Danks v. Slawson Exploration Company (Trespass; Allotments)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• In re Banks (Indian Child Welfare Act; Michigan Indian Family Preservation Act)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.3011 - A bill to amend title VI of the Social Security Act to allow States and local governments to use coronavirus relief funds provided under the American Rescue Plan Act for infrastructure projects, improve the Local Assistance and Tribal Consistency Fund, provide Tribal governments with more time to use Coronavirus Relief Fund payments, and for other purposes.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• Fawn Sharp re-elected to second term as president of National Congress of American Indians; more NCAI election results
• Nevada’s Thacker Pass highlights how federal courts routinely dismiss Indigenous concerns
• Senate Committee on Indian Affairs hosts roundtable on economic sovereignty
• MIT reckons with early leader's role in forced removal of Native American tribes
• Oklahoma City Indian Clinic deploys LightStrike germ-zapping robots
• Red Lake Indian Nation celebrates groundbreaking ceremony for tribe's first charter school, Endazhi-Nitaawiging
• Indigenous mapping workshop encourages sovereignty through cartography
• Seattle is seeing a surge of Indigenous public art

Indian Law Bulletins Updated 10/14/21

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2021-2022update.html

• One petition for certiorari was denied this week on 10/12/21:
• Clay v. Commissioner of Internal Revenue (Land Use; Indian Taxation)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Ray v. United States (Federal Tort Claims Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• State ex rel. Choctaw Nation of Oklahoma v. Sifferman (Indian Child Welfare Act)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.4 - John R. Lewis Voting Rights Advancement Act of 2021
• S.2985 - A bill to amend the Indian Self-Determination Act and the Indian Health Care Improvement Act 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.
• H.Res.709 - Recognizing that the land that is now known as the United States of America was originally inhabited by indigenous peoples known as Native Americans, Native Hawaiians, and Alaska Natives.
• H.R.5549 - To amend the Indian Health Care Improvement Act to authorize advance appropriations for the Indian Health Service by providing 2-fiscal-year budget authority, and for other purposes.
• H.R.5567 - Indian Programs Advance Appropriations Act of 2021

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

• Using peacemaking circles to Indigenize tribal child welfare.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• Bears Ears/Grand Staircase-Escalante/Northeast Canyons and Seamounts proclamations signed
• How the U.S. legal system ignores tribal law
• Oil pipeline protesters are building trauma support centers
• Michigan tribes to Biden: Enbridge Line 5 threatens our treaty rights
• The Indian Child Welfare Act faces its biggest challenge yet
• Tribes, advocates work to fix a 30-year-old loophole in federal law
• Vice President Kamala Harris addresses NCAI
• After denying care to Black Natives, Indian Health Service reverses policy
• Indigenous leaders at the frontlines of environmental injustice and solutions
• 7 questions about Freedmen answered
• A new cookbook by Indigenous people, for Indigenous people
• Native Americans take over the writers' room and tell their own stories

Indian Law Bulletins Updated 10/6/21

U.S. Supreme Court Bulletin
https://www.narf.org/nill/bulletins/sct/2021-2022update.html

• Two petitions for certiorari were denied this week on 10/4/21:
• Jamul Action Committee, et al. v. Simermeyer, et al. (Sovereign Immunity; Federally Recognized Tribes)
• Perkins v. Commissioner of Internal Revenue (Indian Taxation)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Flandreau Santee Sioux Tribe v. United States (Indian Health Service; Contract Support Costs)
• Yurok Tribe v. Bureau of Reclamation (Klamath Water Basin; Endangered Species Act; Water Rights)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• Laws v. Greyeyes (Voting Rights)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.2907/H.R.5444 - To establish the Truth and Healing Commission on Indian Boarding School Policies in the United States, and for other purposes.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• Muscogee Nation citizen Lauren J. King confirmed by US Senate to serve as federal district judge
• Indian tribes are governing well. It's the states that are failing
• Cherokee Nation detention costs jump from $37,000 to $800,000-plus
• Listen: The impact of the Native American vote on U.S. elections
• President Biden to nominate Navajo citizen Shelly Lowe to be chair of the National Endowment for the Humanities
• Cowlitz comic releases Comedy Central video: 'How to cope with your team changing its Native American mascot'
• New California law aims to help more Black and Indigenous people survive childbirth
• Oklahoma State University to develop Center for Indigenous Innovation and Health Equity
• ‘No one is illegal on stolen Indigenous land’: Native activist speaks out on viral encounter
• National speaker to offer tools for better understanding Native American traumas
• Toppled statue to be replaced with memorial to tribes
• The time of the Indigenous critic has arrived

Indian Law Bulletins Updated 9/29/2021

The Native American Rights Fund Boulder office is hiring for the open position of law librarian. The Native American Rights Fund Anchorage office is hiring for the open position of Alaska Fellow. Learn more about the vacancies at: https://www.narf.org/contact-us/join-team/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Navajo Nation v. Regan (Clean Water Act; Navigable Waters Protection Rule)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• In the Matter of D.J. (Indian Child Welfare Act)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• One proposed bill was signed into law this week, on 9/24/21:
  • Public Law 117-41 - A bill to amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes.
• Two bills were introduced in the Senate this week:
  • S.2867 - A bill to clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations Act.
  • S.2874 - A bill to amend the Internal Revenue Code of 1986 to exclude from gross income payments under the Indian Health Service Loan Repayment Program and certain amounts received under the Indian Health Professions Scholarships Program.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

• Alaska Native Corporation endowment models.
• Alaska's tribal trust lands: A forgotten history.
• Selective justice: A crisis of missing and murdered Alaska Native women.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• The Cherokee Nation has agreed to a $75M settlement with opioid distributors
• 'The first step is to understand what's there' -- Albuquerque mayor announces search for missing Indigenous children's remains
• BIA announces tribal climate resilience grants totaling $13.84 million awarded for FY 2021
• Following the coronavirus relief funds in Alaska
• The only Native American 'In America': Korina Emmerich is the only Indigenous designer included in the Met's new exhibition on American fashion
• Leading the way in vaccinations, Grand Traverse Band still aims higher
• Tribe wins major step toward resuming whaling off Washington
• Marilyn Vann becomes the first Freedman in Cherokee Nation government
• Muscogee Nation voters pass press protections
• Exploring the Afro-Indigenous experience

Indian Law Bulletins Updated 9/22/21

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html

• A petition for certiorari challenging McGirt v. Oklahoma was filed on 9/17/21:
  • Oklahoma v. Castro-Huerta (Criminal Jurisdiction; McGirt v. Oklahoma)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Brice v. Plain Green, LLC (Tribal Lenders; Tribal Law)
• Whalen v. Oglala Sioux Tribe Executive Officers (Tribal Elections; Tribal Sovereign Immunity)
• Maples v. Whitten (Habeas Corpus Petition)
• Evans Energy Partners, LLC v. Seminole Tribe of Florida (Tribal Sovereign Immunity; Contract Breach)
• Shade v. Department of the Interior (Allotments; Alaska National Interest Lands Conservation Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• State of Alaska v. Arctic Village Council (Voting Rights; Absentee Ballots)
• In the Interest of J.S., G.S., and I.F., Children (Indian Child Welfare Act)
• In re Hotchkiss (Indian Child Welfare Act)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.2757 - 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 Indian Tribes and Tribal organizations to carry out supplemental nutritional assistance programs.
• H.R.5317 - To direct the Secretary of Veterans Affairs to carry out a program to provide technical assistance to States and American Indian and Alaska Native tribes for the development of veteran suicide prevention activities, and for other purposes.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• Deb Haaland signs Montana tribes water rights compact
• Tribal governments adopting vaccine mandates amid COVID-19 surges
• Native American communities submit New Mexico redistricting maps
• Two Oregon tribes chosen for federal crime data-sharing program
• Coalition of experts sound alarm on Line 5 pipeline's threats to tribal interests and climate change
• A key component of Peacemaking circle rests on foundation of trust and respect
• Call for submissions: WIPO photography prize for Indigenous peoples and local community youth 2021-2022
• Native Hawaiian education programs to receive $28 million in federal dollars
• Tribal solar projects provide more than climate solutions
• 'We're not going anywhere': Choctaw Freedmen cite history, ties to tribal nation in fight for citizenship
• Texas forced out nearly all Indigenous people. A new monument memorializes broken treaty
• 'Like auctioning off the Sistine Chapel': An auction house sold an Osage cave containing important prehistoric art for $2.2 million

Indian Law Bulletins Updated 9/15/21

The Native American Rights Fund Boulder office is hiring for the open position of law librarian. Learn more about the vacancy at: https://www.narf.org/contact-us/join-team/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html

• Additional petitions for certiorari challenging McGirt v. Oklahoma have been filed.
• Four petitions for certiorari were filed on 9/3/21:
  • Haaland v. Brackeen (Indian Child Welfare Act)
  • Cherokee Nation v. Brackeen (Indian Child Welfare Act)
  • Texas v. Haaland (Indian Child Welfare Act)
  • Brackeen v. Haaland (Indian Child Welfare Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Chase v. Andeavor Logistics, L.P. (Indian Country Trespass; Pipeline Development)
• Holguin v. Ysleta del Sur Pueblo (Tribal Sovereign Immunity; Law Enforcement Jurisdiction; Tribal Exhaustion Doctrine)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• Interest of K.B. (Indian Child Welfare Act)
• Matter of D.A. (Indian Child Welfare Act)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.2728 - A bill to amend title VI of the Social Security Act to extend the coverage of Coronavirus Relief Fund payments to Tribal Governments.
• H.R.5221 - Urban Indian Health Confer Act
• H.R.5234 - To amend the Internal Revenue Code of 1986 to provide for elective payments to Indian tribal governments for energy property and electricity produced from certain renewable resources.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

• The tribal right to exclude others from Indian-owned lands.
• Impact of the coronavirus and federal responses on Indigenous peoples' health, security, and sovereignty.
• State v. Nobles: Chance to settle needless jurisdictional turbulence.
• The Supreme Court of Washington's broad interpretation of the "reason to know" standard in In Re Dependency of Z.J.G. and why a uniform, broad interpretation of the standard will lead to better outcomes.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• 6 things you should know about the 2021 Native American Voting Rights Act
• Cherokee Nation passes historic nearly $3 billion budget
• Chair Grijalva introduces the Urban Indian Health Confer Act to create parity for American Indians and Alaska Natives living in urban areas
• In 'This Land,' a custody tribal over Native children heads to the Supreme Court
• Southeast Alaska Indigenous Transboundary Commission receives Bureau of Indian Affairs tribal climate resilience funding
• Hundreds march in Pierre, demanding resignation of numerous South Dakota public officials for Indigenous erasure
• Native American women lose nearly $1 million to the pay gap over their careers--and COVID-19 could make the disparity worse
• Stronghearts Native Helpline releases one year sexual violence advocacy report
• 'We gave them a lot of authority to guide us': How the Native tribes of Oklahoma are helping shape the new First Americans Museum

Indian Law Bulletins Updated 9/8/21

The Native American Rights Fund Boulder office is hiring for the open position of water rights attorney. Learn more about the vacancies at https://www.narf.org/contact-us/join-team/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Minnesota Department of Natural Resources v. The White Earth Band of Ojibwe (Tribal Sovereign Immunity; Treaty Rights)
• Bartell Ranch LLC v. McCullough (Lithium Mining; Federal Land Policy and Management Act; National Historic Preservation Act)
• State of Texas v. Alabama Coushatta Tribe of Texas (Ysleta del Sur Pueblo and Alabama-Coushatta Indian Tribes of Texas Restoration Act; Indian Gaming Regulatory Act)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• H.R.5160 - To establish an Office of Native American Affairs within the Small Business Administration, and for other purposes.
• H.R.5193 - To provide payments to States and Tribal governments to support energy transition communities, and for other purposes.
• H.R.5195 - To reauthorize the Native American Housing Assistance and Self-Determination Act of 1996, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

• A national truth commission for Native Americans.
• When justice does not work: A solution focused approach to violence against Native women in Indian Country.
• Tribal pardons: A comparative survey.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• Tribes file cert petition defending Indian Child Welfare Act before Supreme Court
• Indigenous, local communities key to successful nature conservation: study
• Federal court affirms health care as treaty right
• WSU nabs $250,000 grant for Indigenous-developed and -instructed clinical simulation space
• Culturally relevant financial education
• EPA and Justice Department reach settlement with Northern Cheyenne Utilities Commission to address Clean Water Act violations in Montana
• Oregon’s first tribal- and artist- preference housing nearly complete
• Native American tribes enforce mask mandates regardless of state bans
• A pioneering exhibit will showcase contemporary Indigenous architecture

Indian Law Bulletins Updated 8/31

The Native American Rights Fund Boulder office is hiring for the open positions of water rights attorney and paralegal. Learn more about the vacancies at https://www.narf.org/contact-us/join-team/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html
Two petitions for certiorari were filed on 8/21/21:

• Oklahoma v. Mize (McGirt v. Oklahoma; Criminal Jurisdiction)
• Oklahoma v. Williams (McGirt v. Oklahoma; Criminal Jurisdiction)

One petition for certiorari was filed on 8/23/21:

• Grand River Enterprises Six Nations v. Boughton (Taxation; Tobacco Master Settlement Agreement Complementary Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Rosebud Sioux Tribe v. United States (Treaty Rights; Health Care)
• Pasqua Yaqui Tribe v. United States Environmental Protection Agency (Clean Water Act; Navigable Waters Protection Rule)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• In the Matter of A.L. (Indian Child Welfare Act)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• H.R.5098 - To amend the Bridgeport Indian Colony Land Trust, Health, and Economic Development Act of 2012 to remove the restriction on class II gaming on certain land in California.
• H.R.5119 - To amend title VI of the Social Security Act to extend the coverage of Coronavirus Relief Fund payments to Tribal Governments.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

• An 'unfulfilled, hollow promise': Lyng, Navajo Nation, and the substantial burden on Native American religious practice.
• The Oglala Lakota and the right to health: The forgotten Americans.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• Appeals court rules 'government must do better' on Rosebud health care
• Muscogee Nation: Tribal sovereignty is not a threat to Oklahoma
• End the filibuster to protect Indian voting rights
• Non-profits, tribes, and other rural-serving groups can now apply for federal Emergency Rural Health Care Funds
• Tohono O'odham Nation awarded $200,000 for Environmental Justice Projects under the American Rescue Plan
• Tribally-chartered Comanche Academy set to open, uniquely expanding tribal education sovereignty
• New bill would ban Native American mascots in N.H. schools
• Montclair art exhibit: 'How color changed Navajo textiles'
• Art installations remind LA residents they’re on ‘TONGVALAND’

Indian Law Bulletins Update 8/25

The Native American Rights Fund Boulder office is hiring for the open positions of water rights attorney and paralegal. Learn more about the vacancies at https://www.narf.org/contact-us/join-team/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html
A petition for certiorari was denied in one case on 6/1/21, and its rehearing was denied on 8/23/21:

• Oxendine-Taylor v. Eastern Band of Cherokee Indians (Civil Jurisdiction; Estates)

One petition for certiorari was filed in one case on 8/13/21:

• Clay v. Commissioner of Internal Revenue (Per Capita Payments; Taxation)

Eight petitions for certiorari were filed on 8/16/21:

• Oklahoma v. Brown (McGirt v. Oklahoma; Criminal Jurisdiction)
• Oklahoma v. Davis (McGirt v. Oklahoma; Criminal Jurisdiction)
• Oklahoma v. Hathcoat (McGirt v. Oklahoma; Criminal Jurisdiction)
• Oklahoma v. Howell (McGirt v. Oklahoma; Criminal Jurisdiction)
• Oklahoma v. Jackson (McGirt v. Oklahoma; Criminal Jurisdiction)
• Oklahoma v. Kepler (McGirt v. Oklahoma; Criminal Jurisdiction)
• Oklahoma v. Mitchell (McGirt v. Oklahoma; Criminal Jurisdiction)
• Oklahoma v. Starr (McGirt v. Oklahoma; Criminal Jurisdiction)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Native Village of Nuiqsut v. Bureau of Land Management (Administrative Procedure Act; National Environmental Policy Act)
• Cook Inlet Tribal Council, Inc. v. Dotomain (IHS Contracts; Indian Self-Determination and Education Assistance Act)
• Mattwaoshshe v. United States (Wind Energy; National Environmental Policy Act; Endangered Species Act)
• Larson v. United States (Federal Tort Claims Act; Tribal Trust Land)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• In the Interest of T.H. (Indian Child Welfare Act)
• Aimee H. v. Department of Child Safety (Indian Child Welfare Act)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

• Scattered to the winds?: Strengthening the National Historic Preservation Act's tribal consultation mandate to protect Native American sacred sites in the renewable energy development era.
• Domestic violence, the Indian Child Welfare Act, and Alaska Natives: How domestic violence is weaponized against Alaska Native survivors.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• Oklahoma files more petitions seeking high court reversal of McGirt
• ‘Coming full circle’: Native tapped to lead national parks
• Pascua Yaqui settle lawsuit against removal of early voting site
• President Nez welcomes U.S. Secretary of Energy Granholm to the Navajo Nation to discuss renewable energy
• Indian Health Service awards $25 million for 14 tribal health facilities
• Scanning the horizon: Opportunities for environmental justice and stewardship in Indian Country
• The effort to save Upper Klamath Lake’s endangered fish before they disappear
• Season 2 of 'This Land' uncovers rightwing efforts to dismantle the Indian Child Welfare Act
• Monument honoring tribes to be placed where Junipero Serra statue was toppled last summer

Indian Law Bulletins Updated 8/11

The Native American Rights Fund Boulder office is hiring for the open positions of water rights attorney and paralegal. Learn more about the vacancies at https://www.narf.org/contact-us/join-team/
NARF also invites current law clerks and recent law school graduates with a strong background in federal Indian law and public service to apply for a two-year fellowship to focus on voting rights and environmental issues. Blaustein Fellowship deadline is August 13, 2021.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Snoqualmie Indian Tribe v. Washington (Treaty Rights - Hunting)
• Carney v. State of Washington (Private Property; Tribal Sovereign Immunity)
• Sisto v. United States (Federal Tort Claims Act; Indian Self-Determination and Education Assistance Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• Lavallie v. Jay (Jurisdiction; Personal Injury)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2021.html

• Comingdeer v. Cherokee Nation Election Commission (Tribal Elections; Tribal Law)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.2702 - A bill to protect the voting rights of Native American and Alaska Native voters.
• S.2705/H.R.4995 - A bill to require the Secretary of the Interior to establish Tribal Wildlife Corridors, and for other purposes.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• 'A national disgrace': Years after promised reforms, people keep dying at federal tribal jails
• Colville Tribes sue U.S. government, seeking damages for failure to manage forests that burned in massive 2015 wildfires
• Indigenous-led tech solutions for a better planet
• National Science Foundation awards $10M to alliance of Native American institutions, UC Berkeley, and UArizona to increase Indigenous participation in higher ed
• Morongo authorized by U.S. Environmental Protection Agency to implement Federal Clean Air Act
• Greenville Rancheria health and tribal offices destroyed by Dixie Fire
• Indigenous communities are still fighting for the return of their ancestors
• NDN Collective sends memo re: Link between Missing and Murdered Indigenous Women and Relatives, climate crisis to Biden administration
• Is travel next in the fight over who profits from Native American culture?

Indian Law Bulletins Updated 8/4

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Becker v. Ute Indian Tribe (Tribal Sovereign Immunity; Exhaustion of Tribal Court Remedies)
• Carney v. State of Washington (Trust Land; Tribal Sovereign Immunity; Jurisdiction)
• Western Watersheds Project v. Bureau of Land Management (Thacker Pass Lithium Mine Project; Tribal Intervention)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• People of the State of Michigan v. Magnant (Tobacco Products Tax Act)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.2522/H.R.4783 - To amend the Internal Revenue Code of 1986 to treat certain tribal benefits and Alaska Permanent Fund dividends as earned income for purposes of the kiddie tax.
• S.2523/H.R.4784 - To amend the Internal Revenue Code of 1986 to modify the rules for tribal economic development bonds.
• S.2524 - A bill to amend the Alaska Native Claims Settlement Act to exclude certain payments to aged, blind, or disabled Alaska Natives or descendants of Alaska Natives from being used to determine eligibility or certain programs, and for other purposes.
• S.2577 - A bill to amend the Migratory Bird Treaty Act to clarify the treatment of authentic Alaska Native articles of handicraft containing nonedible migratory bird parts, and for other purposes.
• H.R.4839 - To clarify the rights of Indians and Indian tribes on Indian lands under the National Labor Relations Act.
• H.R.4881 - To direct the Secretary of the Interior to take into trust for the Pascua Yaqui Tribe of Arizona certain land in Pima County, Arizona, and for other purposes.
• H.R.4913 - To amend the Indian Health Care Improvement Act to expand the Purchased/Referred Care Delivery Area for the Tunica-Biloxi Tribe of Louisiana to include Brazoria County and Harris County in the State of Texas, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

• The execution of Lezmond Mitchell: An analysis of federal Indian law, criminal jurisdiction, and the death penalty as applied to Native Americans.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• Lawsuit filed against state of Montana to require documentation of Indian Education for All
• Battle over Skagit River dam heads to court
• Climate change is endangering sacred land. For these Native women, it threatens 'everything we are.'
• Reviving traditional Apsáalooke water sources
• Lummi Nation reimagines foster care for Indigenous families
• Cherokee Nation, Eastern Band of Cherokee Indians join to protect, preserve Cherokee language, culture
• State Native American panel to investigate Cal State Long Beach actions at Puvungna
• Indian Health Service announces new chief medical officer
• 'We're not stoic': Book traces the history of Native Americans in history

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Indian Law Bulletins Updated 7/28

The Native American Rights Fund Boulder office is hiring for the open positions of water rights attorney and paralegal. Learn more about the vacancies at https://www.narf.org/contact-us/join-team/
NARF also invites current law clerks and recent law school graduates with a strong background in federal Indian law and public service to apply for a two-year fellowship to focus on voting rights and environmental issues. Blaustein Fellowship deadline is August 13, 2021.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Bedford v. Nowlin (Quiet Title Act; Trusts; Land Grants)
• Fort McDermitt Paiute and Shoshone Tribe v. Becerra (Trust Relationship; Health Care)
• Williams v. Hansen (Religious Freedom; Free Exercise Clause)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• Scudero v. State of Alaska (Fishing Rights)
• The People of the State of South Dakota in the Interest of C.R.W. (Indian Child Welfare Act)
• Charles P., Starlene M. v. Department of Child Safety (Indian Child Welfare Act)
• Haynes v. Lujan (Jurisdiction)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2021.html

• In the Matter of the Estate of Howard Berner, Deceased. (Estates; Jurisdiction)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• H.R.4614 - To expedite under the National Environmental Policy Act of 1969 and improve forest management activities on National Forest System lands, on public lands under the jurisdiction of the Bureau of Land Management, and on Tribal lands to return resilience to overgrown, fire-prone forested lands, and for other purposes.
• H.R.4637 - To sever United States Government relations with the Creek Nation of Oklahoma until such time as the Creek Nation of Oklahoma restores full Tribal citizenship to the Creek Freedmen disenfranchised in the October 6, 1979, Creek Nation vote and fulfills all its treaty obligations with the Government of the United States, and for other purposes.
• H.R.4656 - To direct the Federal Communications Commission to establish a new Tribal priority window for the 2.5 gigahertz band, and for other purposes.
• H.R.4676 - To provide financial assistance to States and Indian Tribes for the development, implementation, improvement, or expansion of a flex-tech energy program to enhance manufacturing competitiveness, and for other purposes.
• H.R.4715 - To authorize appropriations to the Secretary of the Interior to make payments to certain members of the Quapaw Tribe of Oklahoma in accordance with the recommendation of the United States Court of Federal Claims.
• H.R.4733 - To deem certain voyages transporting passengers between ports or places within the United States in compliance with certain requirements upon calling on a port owned by an Indian Tribe, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

• Trust betrayed: The reluctance to recognize judicially enforceable trust obligations under the Indian Health Care Improvement Act (IHCIA).
• A familiar crossroads: McGirt v. Oklahoma and the future of federal Indian law canon.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• Montana is failing its constitutional promise to teach Native American history
• Interior Department to consult with community leaders on major changes to NAGPRA
• Montana water court decided tribal water rights in first-of-its-kind decision
• WATCH: Harris hosts voting rights conversation with Native American leaders, Secretary Haaland
• Tribal nations are essential to ‘Build Back Better’
• Lawsuit over Oakland community sweat lodge leads to pushback from Native elders group
• The fight over a 5,000-year-old burial site in California
• An Indigenous firefighter explains how to better manage wildfires
• Chef Sean Sherman's new restaurant is an homage to Indigenous food

Indian Law Bulletins Updated 7/21

The Native American Rights Fund Boulder office is hiring for the open positions of water rights attorney and paralegal. 

NARF also invites current law clerks and recent law school graduates with a strong background in federal Indian law and public service to apply for a two-year fellowship to focus on voting rights and environmental issues. Blaustein Fellowship deadline is August 13, 2021. 

Learn more about the vacancies at https://www.narf.org/contact-us/join-team/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html
Spirit Lake Tribe v. Jaeger (Attorney Fees; Voting Rights)
Grand Traverse Band of Ottawa and Chippewa Indians v. Blue Cross Blue Shield of Michigan (Health Insurance; Medicare-Like Rates; Employee Welfare)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html
Matter of White v. Tax Appeals Tribunal (Indian Taxation)
Ronald H. v. Department of Health & Social Services, Office of Children's Services (Indian Child Welfare Act)
The People of the State of South Dakota in the Interest of C.H. (Indian Child Welfare Act)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.2369 - A bill to provide access to reliable, clean, and drinkable water on Tribal lands, and for other purposes.
• H.R.4478 - To amend the Internal Revenue Code of 1986 to treat certain payments made by Indian tribal governments as earned income for purposes of the kiddie tax.
• H.R.4504 - To establish a biochar demonstration project for federally recognized Indian Tribes and Alaska Native corporations to support the development and commercialization of biochar.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

• Legal barriers to tribal jurisdiction over violence against women in Maine: Developments and paths forward.
• How federal Indian law prevents business development in Indian Country.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• North Dakota must pay attorney fees, expenses in tribal voter ID lawsuits
• Wildfires threaten Indigenous lands in desiccated Northwest: ‘It’s hard to watch the devastation’
• Yurok Tribe opposes sweetheart settlement for Sackler family, Purdue Pharma
• Maine mining project CEO's comments about Indigenous rights stir controversy
• Yurok Tribal Court, Sovereign Bodies Institute release progress report on MMIWG2 project
• Native activists begin cross-country tour to highlight at-risk sacred sites
• Sovereignty, STEM, and the future
• Native in the arts spotlight: Visual artist Andrea Carlson talks about her Chicago "You are on Potawatomi Land" mural
• Lakota youth return home after more than a century away at Indian boarding school

Indian Law Bulletins Updated 7/14

The National Indian Law Library has developed a new tribal law digital publishing platform in partnership with the Open Law Library, the University of Wisconsin Law Library, and the Great Lakes Indigenous Law Center. Find out more about this project and the importance of access to tribal law.

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at https://narf.org/nill/bulletins/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Penobscot Nation v. Frey (Treaty Rights)
• Keweenaw Bay Indian Community v. Khouri (Indian Taxation; Sovereign Immunity)
• United States v. Medicine Horse (American Indian Religious Freedom Act; Native American Church - Religious Ceremonies)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• The People of the State of Colorado in the Interest of D.M.F.D. and concerning M.L.D. (Indian Child Welfare Act)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.Res.297 - A resolution recognizing the commemorating Native Hawaiian Delegate Jonah Kuhio Kalaniana'ole's lifelong advocacy on behalf of Hawai'i and the Native Hawaiian people on the 100th anniversary of his paramount congressional achievement-the Hawaiian Homes Commission Act, 1920.
• S.2326 - A bill to amend the Indian Child Protection and Family Violence Prevention Act to reauthorize programs under that Act, and for other purposes.
• H.R.4386 - To amend the Federal Assets Sale and Transfer Act of 2016 to ensure that federally recognized Indian Tribes are consulted before the sale or transfer of certain Federal civilian real properties, and for other purposes.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• Tribes and tribal citizens accuse South Dakota of violating voting laws
• Ending food insecurity in Native communities means restoring land rights, handing back control
• Rounds, colleagues introduce bipartisan bill to reauthorize Native housing funding
• Arizona hospitals collaborate to fight maternal mortality
• Paradigm shift: Tribe is now an owner of the power grid
• New prison reform initiative aims to create restorative culture, uplift Indigenous voices and practices
• National Council of Urban Indian Health Vice President to testify at Senate Committee on Indian Affairs on urban Indian organizations facilities bill
• Utah's Lake Powell pipeline yet another way to prevent tribal water development
• Patricia Marroquin Norby is bringing a Native perspective to the Met

 New Tribal Law Digital Publishing Platform 

One significant initiative of the National Indian Law Library (NILL) is its Access to Tribal Law Project.  The project’s mission is to provide tribal leaders, legal practitioners, and the public with convenient access to current and accurate copies of tribal law, including tribal codes and constitutions, intergovernmental agreements, and tribal court opinions. Public access to these materials enhances the power of tribal courts and strengthens tribal sovereignty. To that end, NILL recently implemented an innovative digital tool that will make it easier for tribes to share their codes and updates.

Digital Publishing Project

Last summer, NILL—along with its project partners Open Law Library, the University of Wisconsin Law Library and the Great Lakes Indigenous Law Center—received grant funding through the Institute of Museum and Library Services for a Digital Publication of Tribal Laws Pilot Project (IMLS grant number LG-246285-OLS-20) . Over the last year, the project has been developing a digital platform to publish tribal laws on library websites. The platform allows libraries to offer an online collection of tribal laws, while tribes maintain full control over the digital copies of their laws. 

The project reached a milestone in April, when NILL published on its website the official laws of Stockbridge Munsee Community, Wisconsin. Much like the days when libraries held official print copies of codes on our shelves, we can now hold an official digital copy of a tribe’s laws on our website while the tribe retains control over the content. You can see the Stockbridge Munsee Community's laws at the NILL website here.

Tribes interested in publishing their laws through the Open Law Platform can contact NILL at TribalLaw@narf.org for more information.

The Importance of Access 

The right to know the laws by which we are governed is a fundamental right. Libraries are keenly aware of the importance of access to legal information, but few are able to pay commercial legal databases’ high fees. Our hope is that this affordable digital publishing technology will allow other libraries—especially university libraries, public libraries, tribal college libraries, and tribal community libraries—to make tribal laws more accessible.

The project’s ultimate goal is to increase public access to the laws of Native nations. Tribal members and leaders will benefit from ready access to their laws, which is essential for good governance and ensuring due process and equal protection. Meanwhile, broader public access to tribal law will facilitate inter-governmental collaboration, encourage economic partnerships, and foster greater understanding of tribal sovereignty and perspectives.

Tribal Law Projects at NILL

The Access to Tribal Law Project and the Tribal Law Gateway are high priorities for the National Indian Law Library.  Our goal is for the Gateway to provide access to accurate tribal law information for all of the 574 federally recognized tribes, regardless of how they choose to make their laws available. You can support this work with a donation today.