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