October 14, 2021

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

October 6, 2021

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

September 29, 2021

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

September 22, 2021

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

September 15, 2021

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

September 8, 2021

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

August 31, 2021

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’

August 25, 2021

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

August 11, 2021

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?

August 4, 2021

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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July 28, 2021

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

July 21, 2021

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

July 14, 2021

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

July 9, 2021

 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.

July 7, 2021

Indian Law Bulletins Updated 7/7

The Native American Rights Fund Boulder office is hiring. 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
Yocha Dehe Wintun Nation v. Department of the Interior (Indian Gaming Regulatory Act)
Ak-Chin Indian Community v. Maricopa-Stanfield Irrigation & Drainage District (Tribal Sovereign Immunity; Water Rights)
Fredericks v. Department of the Interior (American Indian Probate Reform Act)
The Crow Tribe of Indians v. Repsis (Treaty Rights; Tribal Hunting Rights)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html
In re K.S. (Indian Child Welfare Act)

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

  • H.R.4308 - To remove Federal barriers regarding the offering of mobile wagers on Indian lands when the applicable State and Indian Tribe have reached an agreement, and for other purposes.
  • H.R.4316 - To provide a set-aside of funds for Indian populations under the health profession opportunity grant program under section 2008 of the Social Security Act, and for other purposes.
  • H.R.4348 - To remove administrative barriers to participation of Indian tribes in Federal child welfare programs, and increase Federal funding for tribal child welfare programs, and for other purposes.
  • H.R.4352 - To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian Tribes, and for other purposes.

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

  • Toward tribal sovereignty: Environmental regulation in Oklahoma after McGirt.

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

  • A quest for Alaska oil sparks a fight over tribal sovereignty
  • Navajo leaders discuss Navajo Indian Irrigation Project and Chaco Canyon issues with U.S. Senator Ben Ray Luján
  • How G.O.P.-backed laws in Montana could hurt Native American voting
  • If you don’t know treaties and sovereignty, you don’t know history
  • National investigation of Native American boarding schools hits home in Michigan
  • First Indigenous woman appointed to Calif. commission advocating for women and girls
  • Diné College breaks ground for STEM building
  • NYU Law and Yale University launch joint initiative on American Indian sovereignty
  • Native Americans in Arizona brace for more electoral challenges in light of Supreme Court decision

July 1, 2021

Indian Law Bulletins Updated 7/1

The Native American Rights Fund Boulder office is hiring. 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 denied on 6/28/21:

  • Phillips, et al. v. Oneida Indian Nation (Jurisdiction; Indian Taxation)
  • Pierson v. Hudson Insurance Company (Insurance; Tort Law)
One case was decided on 6/25/21:
  • Yellen v. Confederated Tribes of the Chehalis Reservation (CARES Act; Alaska Native Corporations)

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

  • Deschutes River Alliance v. Portland General Electric Company (Tribal Sovereign Immunity; Clean Water Act)
  • Butler v. Leech Lake Band of Ojibwe (Tribal Sovereign Immunity; Wrongful Termination)
  • Lundy v. Balaam (ICRA Habeas Petition)

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

  • In the Matter of the Dependency of G.J.A. (Indian Child Welfare Act)
  • In re A.C. (Indian Child Welfare Act)

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

  • S.2226 - A bill to amend the Indian Health Care Improvement Act to authorize a special behavioral health program for Indians, and for other purposes.
  • S.2264 - A bill to reauthorize the Native American Housing Assistance and Self-Determination Act of 1996.
  • H.R.4093 - To amend title 23, United States Code, to modify the distribution of funds under the tribal transportation program, and for other purposes.
  • H.R.4228 - To amend the Immigration and Nationality Act with respect to members of a federally recognized Indian Tribe in the United States or Canada.
  • H.R.4251 - To amend the Indian Health Care Improvement Act to authorize a special behavioral health program for Indians, and for other purposes.
  • H.R.4283 - To amend the Public Health Service Act to improve the public health system in tribal communities and increase the number of American Indians and Alaska Natives pursuing health careers, 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

  • Reclaiming the past for Mauna A Wākea's future: The battle over collective memory and Hawai'i's most sacred mountain.
  • Unenforced promises: Treaty rights as a mechanism to address the impact of energy projects near tribal lands.
  • An Oklahoma tribal employer's guide to conducting business in the Tenth Circuit.
  • Bridges to a new era: A report on the past, present, and potential future of tribal co-management on federal public lands.
  • The past may be prologue, but it does not dictate our future: This is the Muscogee (Creek) Nation's table.

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

  • Supreme Court has decided Alaska Native Corporations qualify for CARES Act funding
  • Cherokee Nation becomes first tribe to self-govern tribal transportation
  • Training the next generation of Indigenous data scientists
  • Sex trafficking sting nets 2 more Enbridge workers
  • Colorado public universities will give Native American students in-state tuition
  • Statement from Indigenous linguists and language scholars on boarding and residential Schools
  • Tribal oil boom versus Joe Biden's climate push
  • Little Shell Tribe announces program to provide healthy food for tribal members
  • Native Hawaiian health care systems, Papa Ola Lōkahi set to receive $18 million
  • An apology to federal employees and tribal nations
  • Not one without the other: Reparations for African-Americans and Indigenous peoples

June 23, 2021

Indian Law Bulletins Updated 6/23

The Native American Rights Fund is hiring. Learn more about the vacancies at the NARF website>

NARF also invites 3L law students, recent law school graduates, and those with judicial clerkships to apply for sponsorship for a post-graduate public interest fellowship.  Skadden Fellowship deadline is July 9. Learn more>

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/

U.S. Supreme Court Bulletin

http://www.narf.org/nill/bulletins/sct/2020-2021update.html
One petition for certiorari was denied on 6/21/21:

  • Club One Casino v. Haaland (Jurisdiction)

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

  • Big Sandy Rancheria Enterprises v. Bonta (Sovereign Immunity; Indian Taxation)
  • Backcountry Against Dumps v. Bureau of Indian Affairs (Trust Relationship; Cultural Resources)

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

  • In the Matter of the Welfare of the Children of: B.M.S., T.J.R.T., and D.A.M. (Indian Child Welfare Act; Minnesota Indian Family Preservation Act)

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

  • Mayes v. Cherokee Nation Election Commission (Tribal Elections)
  • Morales v. Fort Peck Tribes (Tribal Law)
U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html
  • S.2071 - A bill to provide grants to States, territories, Puerto Rico, the District of Columbia, and eligible Tribal entities to promote access to affordable, high-speed broadband and digital equity.
  • S.2092 - A bill to permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes.
  • S.2167/H.R.4052 - A bill to establish a national, research-based, and comprehensive home study assessment process for the evaluation of prospective foster parents and adoptive parents and provide funding to States and Indian tribes to adopt such process.
  • S.2177 - A bill to amend the Mineral Leasing Act to ensure sufficient bonding and complete and timely reclamation of land and water disturbed by Federal and Indian oil and gas production, and for other purposes.
  • H.R.4054 - To amend the Internal Revenue Code of 1986 to treat Indian tribal governments in the same manner as State governments for certain Federal tax purposes, 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 sky will not fall in Oklahoma.
  • A coherent ethic of lawyering in post-McGirt Oklahoma.
  • Renewable energy depends on tribal sovereignty.
  • White tape and Indian wards: Removing the federal bureaucracy to empower tribal economies and self-government.
  • Hawai'i '78: Collective memory and the untold legal history of the reparative action for Kānaka Maoli.

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

  • Secretary Haaland announces federal Indian boarding school initiative
  • Yakama Nation celebrates ‘resounding victory’ for treaty lands
  • Navajo Nation disappointed in lack of Native Americans selected for New Mexico Citizen Redistricting Committee
  • Pueblo of Acoma signs 15-year agreement with Colorado energy company, makes plans to maintain its own utility
  • 'We're just somebody little': Amid plans to mine lithium deposit, Indigenous, rural communities find themselves at the center of the energy transition
  • South Dakota Native Homeownership Coalition celebrates upward trend in Native American homeownership during National Homeownership Month
  • 'Bring us your dreams.' This Native-led fund aims to 'decolonize philanthropy' in the Northwest
  • There are many unmarked graves of Indigenous kids at US boarding schools too
  • Decolonize climate adaptation research
  • Indigenous women invite Deb Haaland to see devastation of Line 3 for herself
  • Juneteenth from a Black Indigenous perspective

Did you find this information useful?

You can help provide Justice Through Knowledge with a donation today to the National Indian Law Library at the Native American Rights Fund.

June 15, 2021

Indian Law Bulletins Updated 6/15

The Native American Rights Fund Boulder office is hiring. 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
The Tribal Supreme Court Project posted a case update on 6/11/21.
Two petitions for certiorari were denied on 6/14/21:

  • Gilbert v. Weahkee (Indian Health Service; Indian Self-Determination and Education Assistance Act)
  • Crossett v. Emmet County (Jurisdiction; Law Enforcement)

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

  • United States v. Martinez (Major Crimes Act)
  • Confederated Tribes and Bands of the Yakama Nation v. Klickitat County (Reservation Boundaries)

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

  • In the Interest of G.D. and M.D. v. State of Utah (Indian Child Welfare Act)
  • In the Matter of the Application of Enbridge Energy (Enbridge Line 3; Treaty Rights)

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

  • H.R.3841 - To amend the Public Health Service Act with respect to the collection and availability of health data with respect to Indian Tribes, 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

  • Inuit Nunangat regional overlaps: Reciprocal harvesting & wildlife management agreements.
  • Rebalancing Bracker forty years later.
  • Native nations' land ownership and our disservice to their people and culture: A proposed legislative solution and a lesson to be learned.
  • The blind eye: Jus Soli, and the "pretended" Treaty of New Echota.
  • Case law on American Indians.

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

  • ‘It’s a great day for Mother Earth': Indian Country welcomes demise of Keystone XL pipeline
  • Indian Affairs promised to reform tribal jails. We found death, neglect and disrepair
  • Interior secretary urges Biden to enlarge Bears Ears, Grand Staircase, report says
  • How the Chehalis Tribe in Washington state overturned a racist 1834 law
  • Tribal colleges empower Native students with an affordable, culturally relevant education - but need more funding
  • Environmental justice and climate change is multi-dimensional for Indigenous people
  • ‘Our whole mission is Indigenous education and Indigenous food access’: A Q&A with owners of Owamni by The Sioux Chef
  • Tribal leaders, experts talk American Rescue Plan’s impact
  • Will history repeat in a dry Klamath Basin this summer?
  • Minnesota appeals court upholds approval of Line 3 permits
  • Minnesota novelist Louise Erdrich wins Pulitzer for personal story of 'persistence and survival'

June 9, 2021

Indian Law Bulletins Updated 6/9

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 5/28/21:

  • Phillips, et al. v. Oneida Indian Nation (Indian Taxation)
A petition for certiorari was denied in one case on 6/7/21:
  • Seneca County v. Cayuga Indian Nation of New York (Indian Taxation; Tribal Sovereign Immunity)

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

  • Ohlsen v. United States (FTCA)
  • Paskenta Band of Nomlaki Indians v. Crosby (RICO Act)

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

  • In re N.R. (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

  • In defense of the Indian Commerce Clause.
  • The time is now for the IACHR to address climate action as a human right: Indigenous communities can lead (again).
  • Unqualified? Investing in qualified opportunity zones on reservations.
  • Beyond a sliver of a full moon: Acknowledging and abolishing white bias to restore safety and sovereignty to Indian Country.

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

  • Lakota victory: Cheyenne River Sioux Tribe celebrates denial of Noem’s fireworks fiasco
  • Cherokee Nation files 1,000th case in tribal court since McGirt ruling
  • ND activists: Lack of tribal inclusion in redistricting runs deep
  • Tackling tribal connectivity: NAU scientist Vigil-Hayes developing broadband solutions for rural areas
  • NCAI weighs in on discovery of remains of 215 children at Indian residential school in Canada
  • Pipeline workers are scaring Indigenous elders away from their own lands
  • Native American mascots could be banned from Colorado schools by October
  • IU works with Native American tribes on new measures to strengthen partnership
  • Wyoming tribes take over full ownership of oil and gas field
  • Native Americans most likely to die from police shootings, families who lost loved ones weigh in
  • Two-spirit pride stories

June 2, 2021

Indian Law Bulletins Updated 6/2

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html
One case was decided this week on 6/1/21:

  • United States v. Cooley (Indian Civil Rights Act; Tribal Police; Exclusionary Rule)

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

  • Kalispel Tribe of Indians v. Department of the Interior (Trust Responsibilities; IGRA)
  • Chemehuevi Indian Tribe v. United States (Bureau of Indian Affairs; 638 Contract)

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

  • Makah Indian Tribe v. Commissioner of Public Lands (Treaty Rights)

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

  • S.1868 - A bill to amend the Child Abuse Prevention and Treatment Act to require that equitable distribution of assistance include equitable distribution to Indian Tribes and Tribal organizations, to increase amounts reserved for allotment to Indian Tribes and Tribal organizations under certain circumstances, and to reserve amounts for migrant programs under certain circumstances, and to provide for a Government Accountability Office report on child abuse and neglect in American Indian Tribal communities.
  • S.1880/S.1897 - A bill to direct the Federal Trade Commission to submit to Congress a report on unfair or deceptive acts or practices targeted at Indian Tribes or members of Indian Tribes, and for other purposes.
  • S.1895 - A bill 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.
  • S.1901 - A bill to amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian Tribes, and for other purposes.
  • S.1911 - A bill to provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
  • S.1951 - A bill to make additional Federal public land available for selection under the Alaska Native Vietnam era veterans land allotment program, and for other purposes.
  • S.1957 - A bill to establish digital services in State, county, local, and Tribal governments, and for other purposes.
  • H.R.3587 - To prescribe procedures for effective consultation and coordination by Federal agencies with federally recognized Tribal Governments regarding Federal Government actions that impact Tribal lands and interests to ensure that meaningful Tribal input is an integral part of the Federal decision-making process.
  • H.R.3649 - To extend Federal recognition to the Mono Lake Kutzadikaa 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

  • Cultural competency and the law: Productive justice for American Indians.
  • Mitigating disparities in access to healthcare among Native American communities through telehealth.
  • The reasonable Indigenous youth standard.
  • Indiana's Indian laws: Indigenous erasure and racism in the land of the Indians.

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

  • Court unanimously holds that Indian tribes retain the inherent power to police non-Indians
  • President's 2022 budget includes increases in funding for Indian Country, including a 36% increase for Indian Health Service
  • Choctaw Nation taking first steps to grant citizenship to Freedmen
  • San Carlos Apache Tribe nearly halts spread of coronavirus
  • Treaties offer new aid in environmental fights
  • Vaccine information available in Native languages
  • Chair Grijalva introduces RESPECT Act to establish and require government-to-government consultation between federal agencies, tribal leaders
  • The Karuk used fire to manage the forest for centuries. Now they want to do that again
  • Freedmen's effect on Black Wall Street
  • Diné historian strengthens history of traditional matriarchal leadership

May 26, 2021

Indian Law Bulletins Updated 5/26

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

  • Loring v. Daly (Tribal Sovereign Immunity; Religious Land Use and Institutionalized Persons Act)
  • United States, Osage Minerals Council v. Osage Wind, LLC (Wind Turbines; Property Rights)
  • Noem v. Haaland (National Historic Preservation Act; Religious Freedom Restoration Act)

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

  • Petitioner/Cross-Respondent: The People of the State of Colorado, In the Interest of Minor Children: K.C. and L.C., v. Respondents/Cross-Petitioners: K.C. and L.C., and Concerning Respondent: D.C. (Indian Child Welfare Act)
  • Great Plains Lending, LLC v. Department of Banking (Tribal Sovereign Immunity; Sovereign Lending)
  • Jamelle A. v. Department of Child Safety (Indian Child Welfare Act)

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

  • S.1725 - A bill to grant a Federal charter to the National American Indian Veterans, Incorporated.
  • S.1735 - A bill to establish an Office of Native American Affairs within the Small Business Administration, and for other purposes.
  • S.1797/H.R.3496 - To amend the Indian Health Care Improvement Act to expand the funding authority for renovating, constructing, and expanding certain facilities.

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

  • Ending the interminable gap in Indian Country water quality protection.
  • Native treaties and conditional rights after Herrera.
  • "The rule of the strong, not the rule of law": Reexamining implicit divestiture after McGirt v. Oklahoma.
  • Tribal lending after Gingras.

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

  • Bipartisan bill brings long-overdue boost to urban Indian health providers
  • Washington State Tribal Coalition passes unprecendented climate change bill, puts consent instead of consultation into law
  • Gov. Noem's Mount Rushmore lawsuit sparks legal fight with tribe
  • In new ad campaign, tribal coalition urges Biden to ‘restore and expand’ Bears Ears monument
  • Colonization’s dark history puts heavy burden on tribes seeking repatriation of remains, objects
  • Protocol will help guide Indigenous knowledges and data collecting, sharing, interpretation and storage
  • Indigenous healthcare professional and student discuss their journeys in the healthcare field
  • The Gila River Indian Community innovates for a drought-ridden future
  • Call Number with American Libraries Podcast: NILL Director Anne Lucke discusses the importance of a library dedicated to tribal law
  • Petroglyph vandalism is not a victimless crime

May 19, 2021

Indian Law Bulletins Updated 5/19

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 4/21/21:

  • Jamul Action Committee, et al. v. Simermeyer, et al. (Tribal Sovereign Immunity)
A petition for certiorari was denied in one case on 5/17/21:
  • Eglise Baptiste Bethanie De Ft. Lauderdale, et al. v. Seminole Tribe of Florida, et al. (Tribal Sovereign Immunity; Religious Rights)

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

  • Little Traverse Bay Bands of Odawa Indians v. Whitmer (Treaty Rights; Reservation Diminishment)
  • Grondal v. United States (Tribal Sovereign Immunity; Indian Leasing)
  • Loonsfoot v. Brogan (Tribal Exhaustion; Habeas Petition)
  • Shoshone-Bannock Tribes of the Fort Hall Reservation v. United States (Fee-to-Trust; IGRA)
  • Chicharello v. U.S. Department of the Interior (Education)

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

  • Stand Up For California! v. State of California (Indian Gaming)
  • Monice C. v. Department of Child Safety, Salt River Pima-Maricopa Indian Community (Indian Child Welfare Act)

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

  • H.Res.411 - Expressing the sense of the House of Representatives to recognize the crisis of violence against Native women.
  • H.R.3158 - To repeal certain obsolete laws relating to Indians.
  • H.R.3231 - 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.

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

  • Toward tribal regulatory sovereignty in the wake of the COVID-19 pandemic.
  • Contract law--forced arbitration--third circuit rules that tribal payday lenders cannot compel arbitration. Williams v. Medley Opportunity Fund II, LP.
  • Tribally defined citizenship criteria: Countering whiteness as property interpretations of "Indian" for restoring inherent sovereignty.

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

  • Indian Country cheers nomination of Muscogee Nation citizen to federal bench
  • Secretary Haaland approves new constitution for Cherokee Nation, guaranteeing full citizenship rights for Cherokee Freedmen
  • Montana tribes file lawsuit challenging new voting laws
  • Vaccinating Native youth
  • Reckoning over racism prompts University of Miami to address a gap: 'We have no Indigenous perspectives on our campus'
  • Private museums could face NAGPRA scrutiny
  • History comes full circle as historic medal is returned to the Seneca Nation Monday
  • Native students finally win the right to wear tribal regalia at graduation ceremonies
  • Lithium mining proposal in Northern Nevada threatens Paiute and Shoshone land
  • Enbridge's Line 3 is putting wild rice at risk--and Indigenous water protectors are taking a stand