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

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.

 

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

May 12, 2021

Indian Law Bulletins Updated 5/12

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

  • United States v. Haggerty (Property Damages; Criminal Jurisdiction)
  • The Klamath Tribes v. Bureau of Reclamation (Endangered Species Act; Resource Management)
  • State of Kansas v. Department of the Interior (Fee-to-Trust; IGRA)

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

  • Walsh v. State of Minnesota (Reservation Boundary; Law Enforcement Jurisdiction)
  • In the Matter of the Welfare of the Child of T.A.V.G. (Indian Child Welfare Act; Minnesota Indian Family Preservation Act)
  • In the Matter of N.C.H. (Indian Child Welfare Act)

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

  • In the Matter of: K.F. & J.F. Minor Indian Children (Custodial Agreements; Tribal Law)

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

  • S.1543 - A bill to amend the Public Health Service Act to provide best practices on student suicide awareness and prevention training and condition State educational agencies, local educational agencies, and tribal educational agencies receiving funds under section 520A of such Act to establish and implement a school-based student suicide awareness and prevention training policy.
  • H.R.3091 - To support clarity and consistency with regard to the exercise of criminal jurisdiction and authority in Indian country, 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

  • Building a basketball arena on tribal land: A collaborative approach for the National Basketball Association and American Indian tribes.
  • American imperialism in Hawai'i: How the United States illegally usurped a sovereign nation and got away with it.
  • Permanent homelands through treaties with the United States: Restoring faith in the tribal nation-U.S. relationship in light of the McGirt decision.
  • Equity over equality: Equal protection and the Indian Child Welfare Act.

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

  • Tribes can hunt on ancestral lands north of U.S. border, Canada says
  • Judge rules against Klamath Tribes
  • Native News Online MMIW live stream panelists cite reasons for ongoing problem
  • Michigan tribe banishes Enbridge Line 5 pipeline
  • Graduations shouldn't be 'another form' of erasure
  • Senate Committee on Indian Affairs to hear testimony on COVID-19 impact on the Native tourism economies
  • Descendant of Native American civil rights pioneer calls on Harvard to return tomahawk
  • Citizen Potawatomi Nation acquires one of Oklahoma's oldest banks
  • Cherokee, Chicksaw leaders support expected federal bill to address criminal jurisdiction
  • Red Jacket Peace Medal returned to Seneca Nation after more than a century

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