April 28, 2021

Indian Law Bulletins Updated 4/28

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html
A petition for certiorari was filed in one case on 4/19/21:

  • Crossett v. Emmet County (Jurisdiction; Reservation Boundary)
A petition for certiorari was denied in one case on 4/19/21:
  • Brown v. Polk County (Fourth Amendment)

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

  • The Shawnee Tribe v. Yellen (CARES Act)

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

  • South Point Energy Center LLC v. Arizona Department of Revenue (Indian Taxation)
  • In the Matter of M.L.B. (Indian Child Welfare Act)

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

  • Casady v. Tulalip Tribes (Indian Civil Rights Act)

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

  • S.1365 - A bill to direct the Federal Communications Commission to establish a new Tribal priority window for the 2.5 gigahertz band, and for other purposes.
  • S.1396 - A bill to amend the Higher Education Act of 1965 to establish State and Indian Tribe grants for community colleges and grants for Historically Black Colleges and Universities, Tribal Colleges and Universities, and Minority-Serving Institutions, and for other purposes.
  • S.1397 - A bill to amend the Public Health Service Act with respect to the collection and availability of health data with respect to Indian Tribes and Tribal organizations, and for other purposes.
  • H.R.2644 - To provide direct funding to local, Tribal, and territorial governments to establish Green New Deal programs and initiatives, and for other purposes.
  • H.R.2739 - To amend the Victims of Crime Act of 1984 to secure urgent resources vital to Indian victims of crime, and for other purposes.
  • H.R.2740 - To protect Native children and promote public safety in Indian country.
  • H.R.2758 - To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes.
  • H.R.2809 - To authorize the President to provide disaster assistance to States and Indian Tribes under a major disaster recovery program, 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

  • ICWA's irony.
  • Without doors: Native nations and the Convention.
  • Kū Kia'l Mauna: Protecting Indigenous religious rights.
  • Let Indians decide: How restricting border passage by blood quantum infringes on tribal sovereignty.

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

  • Zoom Training: Passamaquoddy Indian Township hosts VAWA training
  • Webinar: Virginia Department of Health: Engaging American Indian/Alaska Native/Indigenous Communities to Build Vaccine Confidence
  • Supreme Court of Canada affirms trans-boundary Indigenous rights
  • Marshall Project and NPR on how Alaska OCS stole millions from Alaska Native foster kids
  • Why the Shinnecock Tribe is clashing with the Hamptons' elite
  • Where Indigenous studies are applied: Preparing a relevant workforce for tribal nations
  • 'Rutherford Falls' boss on building diverse Native American team for Peacock comedy
  • Alaska legislators consider state recognition of tribes
  • A 1722 murder spurred Native Americans' please for justice in early America
  • So you want to acknowledge the land?

April 21, 2021

Indian Law Bulletins Updated 4/21

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

  • Eastern Band of Cherokee Indians v. Department of the Interior (Fee-to-Trust; IGRA)
  • Mille Lacs Band of Ojibwe v. County of Mille Lacs (Reservation Boundaries; Public Law 280)
  • Ksanka Kupaqa Xa'lcin v. United States Fish and Wildlife Service (Cultural Resources)

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

  • Duke S. v. State of Alaska (Indian Child Welfare Act)

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

  • S.1149 - 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.Res.320 - Recognizing the critical importance of access to reliable, clean drinking water for Native Americans and Alaska Natives and confirming the responsibility of the Federal Government to ensure such water access.
  • H.Res.322 - Expressing the Sense of Congress that the Eagle Staff shall be recognized as the first flag of the sovereign Native American Tribal nations and the first flag of the Americas, and to encourage programs promoting the cultural significance of the Eagle Staff.

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

  • Decolonizing Indigenous migration.
  • Protecting the children of Indian Country: A call to expand tribal court jurisdiction and devote more funding to Indian child safety.
  • The (Indigenous) case for shareholder primacy and its role in climate justice.
  • The other American law.

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

  • Justices mull textualism and Alaskan exceptionalism in classifying Alaska Native corporations
  • South Dakota Democratic Party intersectional solidarity with Tribal Nations results in passage of Missing and Murdered Indigenous People legislation
  • Discovery Podcast: Reservation Diminishment with Ethan Jones, Lead Attorney, Yakama Nation Office of Legal Council
  • Unrecognized tribes struggle without federal aid during pandemic
  • Oklahoma health professionals share perspectives on being Indigenous
  • Muscogee (Creek) Nation Department of Health breaks ground on new behavioral health facility
  • California bill advances to protect Native students' rights to wear cultural items
  • Indiana University, tribal nations complete Angel Mounds repatriation
  • After past missteps, History Colorado includes Cheyenne and Arapaho tribes in a Sand Creek Massacre exhibit
  • An archaeology society hosted a talk against returning Indigenous remains. Some want a new society

April 15, 2021

Indian Law Bulletins Updated 4/15

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

  • Swinomish Indian Tribal Community v. Becerra (Indian Self-Determination and Education Assistance Act; IHS)
  • Jackson v. Shoshone-Bannock Tribal Justice Center (Sovereign Immunity)
  • Hartsell v. Schaaf (Tribal Police; Jurisdiction)
  • Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. Evers (Indian Taxation; Treaty Rights)

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

  • Harris v. Arkansas Department of Human Services (Indian Child Welfare Act)
  • Matter of Welfare of Children of J.C.L. (Indian Child Welfare Act)

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

  • Mashantucket Pequot Gaming Enterprise v. Torres (Waiver of Sovereign Immunity; Employee Termination)

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

  • H.R.2402 - To transfer administrative jurisdiction of certain Federal lands from the Army Corps of Engineers to the Bureau of Indian Affairs, to take such lands into trust for the Winnebago Tribe of Nebraska, 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

  • An 'unfulfilled, hollow promise': Lyng, Navajo Nation, and the substantial burden on Native American religious practice.
  • Working together: Building and sustaining a multijurisdictional response to missing or murdered Indigenous children and adolescents.
  • Victim services for Native families with missing loved ones.
  • Criminal jurisdiction in Indian Country.
  • Violent crime in Indian Country and the federal response.
  • American Indian and Alaska Native knowledge and public health for the primary prevention of missing or murdered Indigenous persons.
  • Trauma-informed, culturally relevant psychological responses in cases of missing or murdered Indigenous peoples.

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

  • Brackeen decision tree
  • University of South Dakota: ICWA Educational Zoom Confererence
  • Webinar: Toward a more perfect union: Ecnomic and Educational Opportunity for Native Americans
  • Webinar: 2021 Indigenous Nations & Climate Change Summit
  • University of Idaho College of Law: Tribal Homelands Scholarship
  • Tribal nations adapt to being at ‘ground zero’ of the climate crisis
  • Native American students share their experience combatting Indigenous erasure
  • Blood quantum and the white gatekeeping of Native American identity
  • Despite promises to listen to tribes and fight climate change, Biden administration allows oil to continue flowing through Dakota Access Pipeline
  • The Warm Springs reservation water crisis is reminiscent of Flint, Michigan

April 9, 2021

Indian Law Bulletins Updated 4/9

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html
Petition for certiorari is pending in one case:

  • Perkins v. Commissioner of Internal Revenue (Taxation; Treaty Obligations)
Petition for certiorari was denied in one case on 4/5/21:
  • Confederated Tribes and Bands of the Yakama Nation v. Yakima County (Jurisdiction)

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

  • The Cherokee Nation v. Department of the Interior (Trust Relationship; Fiduciary Duty)
  • Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation (Tribal Sovereign Immunity; Jurisdiction Over Nonmembers)
  • Chicken Ranch Rancheria of Me-Wuk Indians v. Newsom (IGRA)

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

  • Grayson v. State of Oklahoma (Criminal Jurisdiction; Reservation Boundary)
  • Spears v. State of Oklahoma (Criminal Jurisdiction; Reservation Boundary)
  • Sizemore v. State of Oklahoma (Criminal Jurisdiction; Reservation Boundary)

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

  • Fifth Circuit Court of Appeals issues en banc decision in Brackeen v. Haaland — formerly Brackeen v. Bernhardt
  • Seven Generation Thinking: Indigenous traditions in North America emphasize resilience; engineered timber is helping realize those principles
  • Cherokee Nation, Oklahoma Air National Guard break ground on housing addition for Cherokee veterans in Tahlequah
  • Space Force swears in first Indigenous female intelligence officer
  • Transportation commissioner questions why a tribal-state road project is stalled
  • Land seizures, 'unethical' research: University of Minnesota confronts troubled history with tribal nations
  • Mississippi returns hundreds of Native Americans' remains to Chickasaw Nation
  • Justice Department working with tribes on missing persons
  • The 'slow-motion genocide' of the Chinook Indian Nation

April 1, 2021

Indian Law Bulletins Updated 4/1

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

  • Miller v. United States (FTCA; Tribal Police)
  • Cherokee Nation v. McKesson Corporation (Opioid Litigations; Civil Conspiracy)

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

  • In re: Challenge to the Eligibility of Victoria Vasquez (Tribal Elections)

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

  • S.Res.141 - A resolution recognizing the critical importance of access to reliable, clean drinking water for Native Americans and Alaska Natives and confirming the responsibility of the Federal Government to ensure such water access.
  • S.981 - A bill 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.
  • S.989/H.R.2271 - A bill to establish a Native American language resource center in furtherance of the policy set forth in the Native American Languages Act.
  • H.R.2208 - To restore an opportunity for tribal economic development on terms that are equal and fair, 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

  • Back and forth: The continuous legal battle over the oil flow in Dakota Access Pipeline.
  • Fracking in Pueblo and Diné communities.

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

  • NARF Staff Attorney Vacancy: Boulder, CO
  • Sinema, Kelly announce $450 million in housing grants for Native communities
  • Mohave County, Navajo officials push to broaden ‘downwinder’ coverage
  • Indigenous food sovereignty movements are taking back ancestral land
  • Bill advances to aid Native American voting
  • Traveling on stolen land: How to acknowledge and respect its Indigenous identity
  • Little Shell, Chippewa Cree and others OK $40M settlement for funds mismanaged by U.S.
  • A reckoning on Native American remains and cultural objects
  • Native American women Wikipedia edit-a-thon
  • As the country reckons with race, will tribal nations lead the way?

March 24, 2021

Indian Law Bulletins Updated 3/24

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

  • Hawkins v. Haaland (Trust Relationship; Water Rights)
  • Singer v. Office of Navajo and Hopi Indian Relocation (OHNIR; Equal Access to Justice Act)
  • Gwitchyaa Zhee Corporation v. Alexander (Attorney Fees)
  • Mendenhall v. United States (Alaska Native Tribal Health Consortium; FTCA)

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

  • Moyant v. Petit (Exhaustion of Tribal Court Remedies; Land Dispute)
  • In re Cottelit/Payment (Indian Child Welfare Act; Michigan Indian Family Preservation Act)
  • State in Interest of A.R.F. (Indian Child Welfare Act)

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

  • S.Res.125 - A resolution recognizing the heritage, culture, and contributions of American Indian, Alaska Native, and Native Hawaiian women in the United States.
  • H.R.1620 - Violence Against Women Act Reauthorization Act of 2021
  • H.R.1975 - To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes.
  • H.R.2074 - To assist Tribal governments in the management of buffalo and buffalo habitat and for the reestablishment of buffalo on Indian lands.
  • H.R.2088 - To take certain Federal lands in Tennessee into trust for the benefit of the Eastern Band of Cherokee Indians, 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

  • Goodbye yellow brick road: Enfranchisement among Native American voters and Nick v. Bethel.
  • Repatriation as restitution: Toward procedural rights for Indigenous claims to moveable cultural property.
  • Incorporation by any other name? Comparing Congress' federalization of tribal court criminal procedure with the Supreme Court's regulation of state courts.
  • Native Hawaiians' disproportional incarceration rates leading to disproportional jail deaths.
  • Lies, damn lies, and federal Indian law: The ethics of citing racist precedent in contemporary federal Indian law.

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

  • United Nations Declaration on the Rights of Indigenous Peoples: Tribal implementation toolkit launch event
  • Growing number of cities weigh tribal ‘land acknowledgements’
  • Domestic violence bill passes US House with program to expand tribal powers in 5 Alaska villages
  • Radio diary: Keeping the Wampanoag language alive
  • Biden administration restores valuable riverbed ownership to North Dakota tribe
  • Pokagon Band of Potawatomi partners with organizations for mass vaccination of Native Americans and other Native groups in Indiana
  • Six ICWA/MIFPA cases in three months in Michigan
  • Schatz releases COVID-19 Relief Guide, Frequently Asked Questions document to help Native communities access federal resources
  • Tribes blast wolf hunt, say it was about killing
  • New app will show you what Indigenous land you're on right now

March 18, 2021

Indian Law Bulletins Updated 3/18

The Native American Rights Fund Alaska office is hiring. 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

  • Doucette v. DOI (Tribal Elections; Jurisdiction)
  • Weaver v. Gregory (Waiver of Sovereign Immunity; Tribal Law; Jurisdiction)
  • Navajo Health Foundation - Sage Memorial Hospital, Inc. v. Razaghi Development Company, LLC (RICO; Fraud)
  • Muscogee (Creek) Nation v. Poarch Band of Creek Indians (Cultural Resources; Sovereign Immunity; NAGPRA)

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

  • In the Matter of D.D. (ICWA)
  • Bosse v. State of Oklahoma (Reservation Boundaries; Criminal Jurisdiction)
  • Hogner v. State of Oklahoma (Reservation Boundaries; Criminal Jurisdiction)

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

  • Buckles v. Buckles (Adoption; Alimony)

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

  • H.R.1762 - Protecting Indian Tribes from Scams Act
  • H.R.1811 - To amend the Indian Health Care Improvement Act to authorize additional funding for planning, design, construction, modernization, and renovation of hospitals and outpatient health care facilities.
  • H.R.1859 - To authorize the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, to award grants to States, territories, political subdivisions of States and territories, Tribal governments, and consortia of Tribal governments to establish an unarmed 911 response program, and for other purposes.
  • H.R.1888 - To amend title XIX of the Social Security Act to require a Federal medical assistance percentage of 100 percent for Indian health care providers, and for other purposes.
  • H.R.1939 - To require the Secretary of Health and Human Services to award additional funding through the Sanitation Facilities Construction Program of the Indian Health Service, and for other purposes.
  • H.R.1942 - To extend Federal recognition to the Waccamaw Indian People of Conway, South Carolina, and for other purposes.
  • H.R.1943 - To extend Federal recognition to the Pee Dee Indian Tribe of McColl, South Carolina.

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

  • Unlocking the ballot: The past, present, and future of Alaska Native voting rights.
  • The subdelegation doctrine as a legal tool for establishing tribal comanagement of public lands: Through the lens of Bears Ears National Monument.
  • Disparate defense in tribal courts: The unequal rights to counsel as a barrier to expansion of tribal court criminal jurisdiction
  • A great nation keeping its word: The role of tribal treaty rights in climate change litigation.
  • The missing Indian Affairs Clause.
  • "I am the river, the river is me": How environmental personhood can protect tribal food systems.

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

  • NARF Staff Attorney Vacancy: Anchorage, AK
  • All three GOP members of Congress who are Native Americans voted no on $31.2 billion that is going to Indian Country
  • Why Deb Haaland's confirmation as interior secretary is so important to Indigenous communities
  • Indigenizing philanthropy: Indigenous led funds
  • 'Nothing has changed.' How state agencies ignored tribal pleas to protect Oceano Dunes
  • Retiring federal Judge Viken says his replacement needs to understand Lakota history
  • The Navajo Nation took a hard stance against COVID-19, experts say it worked
  • Native American nonprofit accuses Harvard of violating federal Graves Protection and Repatriation Act
  • After years of advocacy, Native American/Indigenous Studies minor takes root at Scripps
  • Countering the fetishization of Indigenous art

March 3, 2021

Indian Law Bulletins Updated 3/3

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

  • Aquinnah/Gay Head Community Association, Inc. v. Wampanoag Tribe of Gay Head (Aquinnah) (Indian Gaming; Fee-to-Trust; Indian Land Claims Settlement Act of 1987)
  • Big Horn County Electric Cooperative, Inc. v. Big Man (Tribal Jurisdiction Over Nonmembers)
  • Picard v. Colville Tribal Correctional Facility (Indian Civil Rights Act; Tribal Law and Order Act)
  • Newtok Village v. Patrick (Leadership Dispute; Tribal Elections; Trust Relationship)

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

  • S.421 - A bill to amend the America's Water Infrastructure Act of 2018 to expand the Indian reservation drinking water program, and for other purposes.
  • H.R.1373 - To amend title XIX of the Social Security Act to require a Federal medical assistance percentage of 100 percent for urban Indian organizations, and for other purposes.
  • H.R.1415 - 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.1416 - 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.

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 confrontation: A novel threat to the Indian Child Welfare Act and tribal sovereignty.

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

  • Oregon court affirms Klamath Tribes' water rights
  • In tribal constitution change, the Cherokee Nation addresses a history of enslavement
  • What tribal sovereignty means for Freedmen citizenship
  • Schatz secures $80 million for Native Hawaiian healthcare, housing, and education programs in COVID-19 relief bill
  • Bipartisan bill renews effort to strengthen Tribal transportation infrastructure
  • University of Colorado, Denver: Native American College Tuition Bill
  • Panelists explain how patriarchies altered two-spirit, Native cultures
  • A call to action: Native communities’ priorities in focus for the 117th Congress
  • Senate Committee on Indian Affairs hears from Native leaders
  • What's old is new: The return of Peacemaking

February 24, 2021

Indian Law Bulletins Updated 2/24

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

  • Seneca Nation of Indians v. New York (IGRA; Revenue Sharing)
  • United States v. Murphy (Jurisdiction; Statute of Limitations)
  • Shopbell v. Washington State Department of Fish and Wildlife (Treaty Rights; Qualified Immunity; Civil Rights)

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

  • Workforce Safety and Insurance v. Cherokee Services Corp. (Sovereign Immunity)
  • In re Kameron N. (ICWA)

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

  • In re: Effect of Cherokee Nation v. Nash and Vann v. Zinke (Tribal Constitutions; Cherokee Freedmen)

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

  • S.358 - A bill to amend title 23, United States Code, to modify the distribution of funds under the tribal transportation program, and for other purposes.
  • S.371 - A bill to direct the Secretary of the Interior to take certain land located in Pinal County, Arizona, into trust for the benefit of the Gila River Indian 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

  • Jurisprudence and recommendations for tribal court authority due to imposition of U.S. limitations.
  • Santa Clara Pueblo v. Martinez in the evolution of federal law.
  • Native American oral evidence: Finding a new hearsay exception.
  • Tribal opposition to Enbridge Line 5: Rights and interests.

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

  • Feds drop legal battle against Mashpee lands
  • National Congress of American Indians: State of Indian Nations
  • South Dakota State Senate resolution passes unanimously to rescind Wounded Knee medals
  • Spurred by pandemic, Little Shell Tribe fast-tracks its health service debut
  • CU professor, regents testify for in-state tuition for American Indian students with Colorado ties
  • First Nations Development Institute receives funding to build Native American assets through racial wealth gap research and philanthropic equity
  • Tomaquag Museum offering 'Literature and Author Conversations' series, free virtual programs
  • Eugene-area Indigenous people soon will have a Coquille Indian Tribe medical clinic
  • Senate Committee on Indian Affairs hears from Native leaders
  • Podcast: Native American voices on the air in the early days of radio

February 17, 2021

Indian Law Bulletins Updated 2/17

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

  • Fond du Lac Band of Lake Superior Chippewa v. Wheeler (Clean Water Act; Cultural Resources)
  • Apache Stronghold v. United States (Sacred Sites; Oak Flat/Chi-chil Bildagoteel)
  • Allegany Capital Enteprises, LLC v. Cox (Tribal Corporate Entities; Sovereign Immunity)

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

  • Walker E. v. State of Alaska (ICWA)
  • People of the State of Michigan v. Caswell (Treaty Rights)
  • In re Groves (Michigan Indian Family Preservation Act)

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

  • S.Res.54 - An original resolution authorizing expenditures by the Committee on Indian Affairs.
  • S.314 - A bill to repeal the Klamath Tribe Judgment Fund Act.
  • S.325 - 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.
  • H.R.1047 - To allow certain State and Tribal permitting authority to encourage expansion of broadband service to rural and Tribal communities, 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

  • Missing or murdered Indigenous people: Culturally based prevention strategies.
  • Jurisdictional solutions in Indian Country to support missing or murdered Indigenous people efforts.
  • National survey estimates of violence against American Indian and Alaska Native people.
  • Addressing sexual abuse, assault, and trafficking as co-morbidities in missing or murdered Indigenous populations.
  • Enhancing law enforcement response to missing person cases in tribal communities.
  • Prevention strategies related to missing or murdered Native Americans.
  • Rethinking protections for Indigenous sacred sites.
  • Oneida Nation v. Village of Hobart.

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

  • A conversation with law expert about Oak Flat and treaties
  • New NTUA fiber line will increase internet capacity for Tuba City Regional Health Care Corporation, local schools, and businesses
  • Climate justice must include Indigenous sovereignty
  • Indigenous fine dining … but make it curbside
  • Nueta Hidatsa Sahnish College
  • U.S. Environmental Protection Agency announces $220 million contract awards for the clean-up of more than 50 abandoned uranium mine sites on the Navajo Nation
  • OU's Women's and Gender Studies hosts Q&A on missing, murdered Indigenous women
  • OU Outreach's American Indian Institute (Aii) launches new virtual speaker series
  • $1.6 million grant will support digitization of Native American oral histories
  • Indigenous feminism is our culture

February 10, 2021

Indian Law Bulletins Updated 2/10

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

  • Grand River Enterprises Six Nations, LTD. v. Boughton (Tobacco Master Settlement Agreement Complementary Act)
  • Jumping Eagle v. Warren (ICWA)
  • Red Lake Band of Chippewa Indians v. US Army Corps of Engineers (NEPA; CWA; Enbridge Line 3)

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

  • S.171/H.R.684 - To authorize the Keystone XL Pipeline.
  • H.R.897 - To take certain lands in California into trust for the benefit of the Agua Caliente Band of Cahuilla Indians, and for other purposes.
  • H.R.912 - To direct the Secretary of Veterans Affairs to make certain improvements relating to mental health and suicide prevention outreach to minority veterans and American Indian and Alaska Native veterans, 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 Cherokee Tribal Court: Its origins and its place in the American judicial system.
  • Help for missing American Indian and Alaska Native children.
  • AMBER Alert in Indian Country.
  • The Tribal Engagement Program (TEP) builds bridges for tribal partners.
  • Tribal opt-in to the Voting Rights Act: Strengthening sovereignty to resist Native voter suppression.
  • Changing consultation.

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

  • Congressional leaders request resources for urban Indians in budget reconciliation
  • Confederated Salish and Kootenai Tribes reclaim legacy of bison conservation
  • Te-Moak opens new tribal court
  • Native women like Deb Haaland and Eloise Cobell are the role models Indian Country needs
  • Bridging the digital divide in Indian Country
  • Bill to keep Native children within their community receives bipartisan support
  • Professor explores Black freedom on Native land
  • Native American designer Dewayne Dale Jr. is taking back the moccasin after years of cultural appropriation
  • Native students need more support in higher ed. Here is how CWC is doing the work
  • Confronting the blind spot in the great American protest song 'This Land Is Your Land'

February 3, 2021

Indian Law Bulletins Updated 2/3

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

  • Saginaw Chippewa Indian Tribe of Michigan v. Blue Cross Blue Shield of Michigan (Medicare Like Rates)
  • United States v. Hump (Indian Loan Guarentee and Insurance Program)
  • Berry v. Whitten (Jurisdiction)

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

  • Warehouse Market Inc. v. State of Oklahoma and Muscogee (Creek) Nation (Nonmember Taxation)
  • State of South Dakota v. Cummings (Jurisdiction)
  • Confederated Tribes and Bands of the Yakama Nation v. Okanogan County (Land Use Ordinances)

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

  • S.144/H.R.667 - To authorize the Secretary of Health and Human Services, acting through the Director of the Indian Health Service, to acquire private land to facilitate access to the Desert Sage Youth Wellness Center in Hemet, California, and for other purposes.
  • H.R.505 - To expand opportunity for Native American children through additional options in education, and for other purposes.
  • H.R.588 - To direct the Secretary of Health and Human Services to award grants to States, political subdivisions of States, Indian Tribes and Tribal organizations, community-based entities, and primary care and behavioral health organizations to address behavioral health needs caused by the public health emergency declared with respect to COVID-19.

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

  • How a Native American COVID-19 vaccine rollout is a model for community-centered approaches
  • Building Indigenous power and investing in Indigenous self-determination
  • Muscogee (Creek) Nation Court has seen criminal filings increase thirtyfold since McGirt ruling
  • Alaskan tribes applaud protection of the Northern Bering Sea
  • Report: First ever national data regarding Native peoples' perspectives toward COVID-19 vaccine
  • The fight for an equitable energy economy for the Navajo Nation
  • UC Berkeley strips building name for namesake’s treatment of Native Americans
  • Mountaintop removal threatens traditional Blackfoot territory
  • The Native American Agriculture Fund applauds the steps taken by USDA to temporarily suspend debt collections and foreclosures on distressed farm loans
  • A children's book award lifts up a Native American illustrator--and a message

January 28, 2021

Indian Law Bulletins Updated 1/27

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

  • Standing Rock Sioux Tribe v. United States Army Corps of Engineers (Dakota Access Pipeline)
  • United States v. Fowler (Jurisdiction)
  • Hardwick v. United States (Land Into Trust)
  • Chinook Indian Nation v. Zinke (Federal Recognition)

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

  • Self v. Cher-Ae Heights Indian Community of the Trinidad Rancheria (Sovereign Immunity; Quiet Title Action)

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

  • H.R.437 - To amend the Alaska Native Claims Settlement Act to exclude certain payments to Alaska Native elders for determining eligibility for certain programs, and for other purposes.
  • H.R.439 - 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.440 - 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.441 - To provide for the conveyance of certain property to the Tanana Tribal Council located in Tanana, Alaska, and for other purposes.
  • H.R.443 - To convey land in Anchorage, Alaska, to the Alaska Native Tribal Health Consortium, and for other purposes.
  • H.R.478 - To direct the Secretary of the Interior to take certain land located in Pinal County, Arizona, into trust for the benefit of the Gila River Indian 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

  • Regulation of electric utilities on Indian reservations: Tribal governments' oversight of renewable energy development and utility providers and authority to create tribal utilities.
  • From the Trail of Tears to Tam: How United States trademark law fails Native Americans.

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

  • President Biden issues tribal consultation and nation-to-nation directive
  • Native American traditional knowledge played key role in Wisconsin's Climate Change Report
  • Indigenous students and faculty seek increased institutional support
  • Pascua Yaqui Tribe to build 50 new homes with record-setting Low Income Housing Tax Credit award
  • Biden, Harris and Congress: ‘Restore the Mashpee Wampanoag reservation to federal status’
  • Nez Perce Tribe granted administrative power of its water rights
  • Bears Ears is just the beginning
  • Where are all the Native American medical students?
  • Tule River Tribe receives $25,000 grant for clean energy project
  • Indigenous fashion is more than tradition
  • Five Native films you should be streaming in 2021

January 20, 2021

Indian Law Bulletins Updated 1/20/21

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html
The Tribal Supreme Court Project posted a case update on 1/15/21.

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

  • Grondal v. United States (Sovereign Immunity)
  • Deerleader v. Crow (Habeas Corpus Relief)
  • United States v. Smith (Assimilative Crimes Act; Indian Country Crimes Act)

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

  • Jesse S. v. Department of Child Safety, Pascua Yaqui Tribe (ICWA)

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

  • Tribal leaders want to work with state on how to prosecute crime on reservations
  • Federal funding could provide a billion dollar boost to tribal broadband infrastructure
  • Indigenous nonprofit turns to caring for Native elders in Utah
  • California Native American tribes receive $2m to develop clean energy projects
  • Legislation focuses on tribal access to education resources
  • Feds begin transfer of national bison range to Confederated Salish and Kootenai Tribes
  • Indigenous fishers on the Columbia River confront new challenges
  • Apache sue to protect religious freedom, save Oak Flat sacred area from destruction by foreign mining company
  • 'Indigikitchen': Cooking show connects people to their ancestral recipes

January 13, 2021

Indian Law Bulletins Updated 1/13/2021

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html
Petitions for certiorari were granted in two cases on 1/8/21:

  • Mnuchin v. Confederated Tribes of the Chehalis Reservation (CARES Act)
  • Alaska Native Village Corporation Association v. Confederated Tribes of the Chehalis Reservation (CARES Act)
Petition for certiorari was denied in one case on 1/11/21:
  • FMC Corporation v. Shoshone-Bannock Tribes (Jurisdiction)

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

  • United States v. Earth (Major Crimes Act)
  • Pit River Tribe v. Bureau of Land Management (Administrative Procedure Act)
  • United States v. Osage Wind, LLC (Osage Minerals Estate)
  • Red Lake Band of Chippewa v. United States Army Corps of Engineers (National Environmental Policy Act; Clean Water Act)

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

  • Corona v. Fort Peck Tribes (ICWA)
  • Flynn v. Dupree (Civil Jurisdiction)

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

  • Rehabilitative justice: The effectiveness of healing to wellness, opioid intervention, and drug courts.
  • The Indian Child Welfare Act's application to civil commitments of Indian children in state court proceeding.
  • Peyote crisis confronting modern Indigenous peoples: The declining peyote population and a demand for conservation.
  • Tribal power, worker power: Organizing unions in the context of Native sovereignty.

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

  • Supreme Court to hear case on Native Corps’ eligibility for tribal funds
  • Continuation of uranium and Radiation Exposure Compensation Act advocacy sought by Navajo Nation Council after line item vetoes
  • United States Supreme Court decision confirms tribal jurisdiction over FMC Corporation
  • Northern Arizona University report finds Community Health Reps, who provide critical services to Native Americans, need more support
  • Four California tribes voice urgent concerns about the Humboldt child welfare system
  • How a farm in South King County may hold seeds of hope for homeless Native Americans
  • 'We're still growing': Tribal college in Palm Desert pushes forward virtually amid COVID-19
  • Yearlong celebration of Cherokee syllabary planned
  • Colorado Office of Film recognized for highlighting native voices